UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DEBORAH HILL and ROBERT 

HILL, her husband,

Plaintiffs, CASE NO.: 4:20-cv-00524-MW-MAF

vs. 

DIEBOLD NIXDORF, INC.,

Defendant.

/

PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND EXPERT 

DISCLOSURE AND DISCOVERY DEADLINES

Plaintiffs, DEBORAH HILL and ROBERT HILL, her husband, through 

undersigned counsel and pursuant to Local Rule 7.1, respectfully move 

without opposition for this Honorable Court to extend the expert disclosure 

and discovery deadlines in this matter, for the following good reasons:

Certificate of Compliance with Local Rule 7.1(B)

Counsel hereby certifies that pursuant to Local Rule 7.1(B) he had 

meaningful discussions with counsel for Defendant regarding the relief 

requested herein, and that counsel for Defendant advised he has no 

Case 4:20-cv-00524-MW-MAF Document 25 Filed 04/05/21 Page 1 of 6
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opposition to the motion to extend expert disclosure and discovery 

deadlines.

1

Local Rule 7.1(G)

Because this Motion is unopposed, pursuant to Local Rule 7.1(G), a 

supporting legal memorandum is not required to accompany this Motion and 

therefore one is not included.

1. This case arises out of an incident on October 3, 2017, where 

Plaintiff, Mrs. Hill, fell hitting her head while working as a senior teller at the 

Centennial Bank located in Apalachicola. Plaintiffs allege Mrs. Hill fell as a 

result of Defendant’s negligence when its service technician, Mr. Trimmer,

left the bank floor greasy and slippery after using lubricants and/or cleaners 

on the bank’s vault and teller safes/lockers the day before.

2. The jury trial in this case is set to begin during this Honorable 

Court’s November 15, 2021 trial period, and the discovery deadline is June 

11, 2021.

1 Based on the deposition testimony of Defendant’s corporate 

designee(s) and of its service technician, Bryan Trimmer, on March 8, 2021 

and March 23, 2021, respectively, Plaintiffs are also separately filing motions

for leave to amend the complaint to add Mr. Trimmer as a defendant, and to 

remand since he is a citizen of Florida. The undersigned discussed these 

matters with counsel for Defendant who indicates they oppose all Plaintiffs’ 

motions except to the extent requested herein to extend the expert disclosure 

and discovery deadlines. 

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3. Plaintiffs’ and Defendant’s expert disclosure deadlines are April 

5, 2021, and May 12, 2021, respectively.

4. Plaintiff began receiving medical care and treatment for her 

injuries through worker’s compensation on or about October 11, 2017. Since 

that date, Mrs. Hill has continuously been receiving medical care and 

treatment through worker’s compensation mainly at the Mayo Clinic and by 

its healthcare providers located in Jacksonville, Florida. Mrs. Hills medical 

treatment has included surgery on her inner ear, and has been focused on 

her complaints, symptoms and findings related to post concussive 

syndrome, tinnitus, balance disturbances, migraine headaches and visual 

issues.

5. In fact, Mrs. Hill traveled to the Mayo Clinic just last week where 

she saw an occupation medicine specialist on Monday, March 29, 2021, 

followed by her main treating physician on Tuesday, March 30, 2021. It is 

believed that Mrs. Hill’s main treating physician at Mayo Clinic will be issuing 

his report containing a determination as to whether she has reached 

maximum medical improvement, what permanent impairment rating she is 

assigned, and what work restrictions are required in accordance with the 

worker’s compensation framework.

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6. Plaintiffs and their undersigned counsel, as well as Defendant 

and their counsel, are waiting to receive the written reports/records related 

to Mrs. Hill’s examinations and medical care documenting the encounters

last week. 

7. Plaintiffs has always intended and intends to disclose Mrs. Hill’s 

main treating physician(s) as expert(s) on the issues of causation and 

damages. However, without the final written reports from Mrs. Hill’s main 

treating physicians setting forth causation and damages made by his own 

observations, i.e., diagnosis, care, treatment plan, permanent impairment, 

work restrictions, etc., Plaintiffs cannot adequately meet the current April 5, 

2021 expert disclosure deadline.

8. Likewise, Defendant needs the same medical information so it 

can prepare defenses and determine what, if any, Rule 35 compulsory 

medical examinations of Mrs. Hill they want to obtain and/or experts to retain.

9. Therefore, Plaintiffs respectfully request without opposition that 

the expert disclosure deadlines be extended 30 days respectively, or until 

May 6, 2021 for Plaintiffs, and June 11, 2021 for Defendant.

10. Likewise, because Defendant’s expert disclosure deadline 

requested would be June 11, 2021, if granted, the current deadline for 

completing discovery of June 11, 2021 would necessarily have to be 

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extended 30 days as well, or until July 12, 2021, so that once experts are 

fully disclosed by both sides there would be enough time for expert 

discovery.

11. The parties do not seek these pretrial deadline extensions of 

solely for the purposes of delay and have good cause for requesting same

as set forth above.

WHEREFORE, Plaintiffs, DEBORAH HILL and ROBERT HILL, her 

husband, respectfully request without opposition that this Honorable grant 

the foregoing motion extending the expert disclosure deadlines to May 6, 

2021 and June 11, 2021 for Plaintiffs and Defendant, respectively, and

extending the discovery deadline to July 12, 2021.

Dated April 5, 2021.

RASH MUELLER

Attorneys for the Plaintiff

1655 North Commerce Parkway

Suite 303

Weston, Florida 33326

Telephone: (954) 515-0072

Facsimile: (954) 515-0073

Primary: david@rashmueller.com

Secondary: jeff@rashmueller.com 

 maileidys@rashmueller.com

By: /s/ David C. Rash

DAVID C. RASH

Florida Bar #977764 

JEFFREY D. MUELLER

Florida Bar #103563

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CERTIFICATE OF SERVICE

I hereby certify that on April 5, 2021, I electronically transmitted the 

attached document to the Clerk of the Court using the ECF filing system, 

which transmits the document to the following ECF registrants in this case:

JON J. HERNAN, ESQ.

Counsel for Defendant

BOWMAN AND BROOKE LLP 

Four Northpoint Center

1064 Greenwood Boulevard

Suite 212

Lake Mary, Florida 32746-5419

Telephone: (407) 585-7600

Facsimile: (407) 585-7610

jon.hernan@bownmanandbrooke.com

SAVANNAH M. FOX, ESQ.

CLIFFORD S. MENDELSOHN, ESQ.

Counsel Pro Hac Vice for Defendant

TUCKER ELLIS LLP

950 Main Avenue

Suite 1100

Cleveland, Ohio 44113-7213

Telephone: (216) 592-5000

Facsimile: (216) 592-5009

savannah.fox@tuckerellis.com

clifford.mendelsohn@tuckerellis.com

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