In Catalano v. Cohen & Grigsby, P.C., Download Catalano v. Cohen & Grigsby, P.C. (M.D. Fla. Case No. 2.08cv667, Opinion of United States Magistrate Judge Filed May 25, 2010) also published as 2010 WL 2103460 (M.D. Fla. May 25, 2010)(Westlaw subscription required to access Westlaw)(not an Insurance case), a United States Magistrate Judge granted a request for enlargement of time to file a so-called supplemental Expert Report. The deadline in that case to disclose Expert Reports was April 1, 2010. The requested enlargement of time was filed after that date. The Expert Report was apparently available at the deadline for disclosure of Expert Reports, and the moving party's Counsel demonstrated to the Court's satisfaction that the nondisclosure was "inadvertent" and unintentional.
Trial is not set to take place until the case is reached on a docket that starts on January 3, 2011. In that case, the Magistrate Judge deemed the request for enlargement in Good Faith and it would not cause prejudice to the nonmoving party. Catalano, 2010 WL 2103460 at *1.
For good measure, the Magistrate Judge allowed "sixty (60) days for the Defendant to review the supplemental expert report and conduct any discovery necessary, and to file a rebuttal expert [report] if deemed appropriate." Id. at *2.
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