Opinion

Torres v. Pasco County Board of Commissioners

Court
District Court, M.D. Florida
Filed
May 19, 2022
Cited by
0 cases
Authority
More cited than 19.9%

noting that “reconsideration of a previous order is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources”

How later courts described this case

  • noting that “reconsideration of a previous order is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

JERRI TORRES,

Plaintiff,

v. Case No: 8:21-cv-892-TPB-JSS

PASCO COUNTY BOARD OF

COMMISSIONERS,

Defendant.

___________________________________/

ORDER

Plaintiff seeks additional time to conduct discovery and moves for

reconsideration of the court’s order setting deadlines for the case. (Motion, Dkt. 105.)

Defendant did not submit a response to the Motion and the time to do so has expired.1

The Motion is therefore deemed unopposed. M.D. Fla. R. 3.01(c). Upon

consideration, the Motion is granted in part and denied in part.

BACKGROUND

Plaintiff sued her former employer for sexual harassment, hostile work

environment, retaliation, and sex discrimination. (Dkt. 62.) The original Case

Management and Scheduling Order initially set the discovery deadline in this case for

December 10, 2021. (Dkt. 61.) On January 27, 2022, following motions from the

1 Defendant filed an opposition to Plaintiff’s original motion to extend discovery (Dkt. 98) but did not

respond to Plaintiff’s Motion for Reconsideration.

parties and difficulties scheduling depositions, the court extended the discovery

deadline to March 11, 2022. (Dkt. 76.) On March 6, 2022, Plaintiff filed an emergency

motion for sanctions against Defendant and alleged violations of the Federal Rules of

Civil Procedure and discovery rules. (Dkt. 80.) Following a hearing, the court granted

Plaintiff leave to conduct very limited additional discovery. (Dkt. 90.)

On April 19, 2022, Plaintiff again moved to extend the discovery deadline.

(Dkt. 94.) The motion included a very limited explanation of the basis for the request,

stating only that during recent depositions, “certain details and facts sprung up which

necessitate further discovery and depositions of other witnesses.” (Dkt. 94 at 1.)

Plaintiff also requested additional time to obtain the deposition of a witness that was

on maternity leave. (Id.)

The court granted in part and denied in part Plaintiff’s motion to extend

discovery (“Discovery Order”). (Dkt. 100.) The court granted additional time to take

the deposition due to the specific circumstances. As to Plaintiff’s request to generally

extend discovery, the court denied the motion upon finding that Plaintiff failed to

demonstrate good cause for another extension of the discovery deadline. (Id. at 3.) In

this Motion, Plaintiff moves for reconsideration of the Discovery Order. (Dkt. 105.)

APPLICABLE STANDARDS

“[R]econsideration of a previous order is an extraordinary remedy to be

employed sparingly.” Sussman v. Salem, Saxon & Nielsen, P.A., 153 F.R.D. 689, 694

(M.D. Fla. 1994). The decision to grant a motion for reconsideration of a non-final

order is committed to the sound discretion of the court. Region 8 Forest Serv. Timber

Purchasers Council v. Alcock, 993 F.2d 800, 806 (11th Cir. 1993). A motion for

reconsideration requires the moving party to show: (1) an intervening change in

controlling law; (2) the availability of new evidence; or (3) the need to correct clear

error or manifest injustice. Branch Banking & Tr. Co. v. Shirley Inv. Properties, LLC, No.

8:13-cv-528-T-23MAP, 2014 WL 12623802, at *1 (M.D. Fla. Jan. 16, 2014); see

Wendy’s Int’l, Inc. v. Nu-Cape Const., Inc., 169 F.R.D. 680, 684–85 (M.D. Fla. 1996)

(noting that “reconsideration of a previous order is an extraordinary remedy to be

employed sparingly in the interests of finality and conservation of scarce judicial

resources”).

ANALYSIS

In this Motion, Plaintiff offers a detailed explanation of the basis for her request

to extend discovery. (Dkt. 105.) Plaintiff indicates that she was targeted, intimidated,

and harassed in her workplace and seeks additional discovery to support these

allegations. (Id. at 4.) Plaintiff further identifies specific facts that were revealed during

recent depositions and explains why additional discovery into these facts is required

to support her claims. Pro se filings must be liberally construed. Tannenbaum v. United

States, 148 F.3d 1262, 1263 (11th Cir. 1998). As such, the court finds, in its discretion,

that reconsideration of the Discovery Order is warranted. The court grants the parties

an additional forty-five (45) days to conduct further discovery.

However, Plaintiff is advised that, in accordance with Federal Rule of Civil

Procedure 26, she may only seek discovery that is not privileged and “relevant to any

party’s claim or defense and proportional to the needs of the case” in this action. Fed.

R. Civ. P. 26(b)(1). To the extent that Plaintiff seeks discovery that may be relevant

only to her “defamation case in state court,” this information falls outside the scope of

permissible discovery in this action. See Maronda Homes, Inc. of Fla. v. Progressive Exp.

Ins. Co., No. 6:14-cv-1287-ORL-31, 2014 WL 6610932, at *5 (M.D. Fla. Nov. 21,

2014) (denying discovery relevant only to state court claims).

CONCLUSION

Accordingly:

1. Plaintiff's Motion for Reconsideration (Dkt. 105) is GRANTED in part and

DENIED in part as stated herein.

2. The discovery deadline is extended to July 5, 2022.

3. The dispositive motion deadline is extended to August 4, 2022.

4. Plaintiff's Motion is otherwise denied.

ORDERED in Tampa, Florida, on May 19, 2022.

ee. i Rises

JUEKIE $. SNEED

UNITED STATES MAGISTRATE JUDGE

Copies furnished to:

Counsel of Record

_4-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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