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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MICHAEL PATE,

Plaintiff,

v. Case No. 3:10cv223/MCR/EMT

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY,

Defendant.

_______________________________/

REPORT AND RECOMMENDATION ON 

AMENDED FINAL SCHEDULING ORDER

Defendant filed a “Motion for the Court to Approve Stipulation” to extend the time in which

to complete discovery (Doc. 32). After reviewing the motion, the district court referred this matter

to the undersigned for the purpose of conducting a Rule 16 conference and issuing a report and

recommendation regarding a viable discovery plan (Doc. 34). The undersigned directed the parties

to confer regarding a discovery plan it proposed and to file a joint report, which the parties have

done (see Docs. 35, 37). On December 16, 2010, the court conducted a Rule 16 conference. 

Based on matters that were addressed in the proposed discovery plan and the parties’ joint

report, and that were discussed at the Rule 16 conference (including the court’s stern admonition to

the parties regarding the need to proceed with and complete discovery expeditiously and the

significant unlikelihood of the district court’s permitting any further enlargements of time), it is

respectfully RECOMMENDED:

That Defendant’s “Motion for the Court to Approve Stipulation” (Doc. 32), be GRANTED,

to the extent the current discovery plan is modified as follows:

1. Plaintiff’s Rule 26(a)(2) disclosures shall be due by December 31, 2010.
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2. Defendant’s Rule 26(a)(2) disclosures shall be due by January 14, 2011.

3. The deadline to join additional parties and amend pleadings shall be January 25,

2011. 

4. Plaintiff’s rebuttal Rule 26(a)(2) disclosures shall be due by January 28, 2011.

5. The parties shall select a mediator by February 1, 2011.

6. The discovery deadline shall be extended to February 16, 2011. 

7. The deadline for filing potentially dispositive motions shall be March 8, 2011. 

8. The deadline for commencing mediation shall be March 31, 2011.

9. The deadline for completing mediation shall be April 4, 2011.

10. In all other respects, the Initial Scheduling Order (Doc. 7), as modified by the Final

Scheduling and Trial Order and Mediation Referral (Doc. 20), shall continue to control.

And it is ORDERED:

The clerk shall refer this Report and Recommendation on Amended Final Scheduling Order

to the district court for its review three (3) business days from the date of the Report’s issuance.

At Pensacola, Florida this 16th day of December 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within

THREE (3) days after being served a copy thereof. Any different deadline that may appear

on the electronic docket is for the court’s internal use only and does not control. A copy of

objections shall be served upon the magistrate judge and all other parties. Failure to object

may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States

v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).

Case No. 3:10cv223/MCR/EMT