Disney has filed a motion asking the court to delay a Motion for Summary Judgment for another six months, saying that “there is simply too much outstanding discovery to complete by the February 21 deadline”. Disney says that a delay of six months is necessary as important challenges such as an outstanding Motion to Compel Discovery play out through the court system.

Currently, we are awaiting a ruling from Judge Margaret H Schreiber on Disney’s Motion to Compel Discovery from the Central Florida Tourism Oversight District. Disney says that even if it wins the Motion in court, “the District’s discovery conduct to date shows that even when it does agree to a discovery timeline, that agreement is often meaningless; and the deadline may pass without the promised result”. From there, if the District actually produces Discovery in full, Disney says it will need time to analyze whether or not the Discovery is complete. From there, Disney will need to use the Discovery to complete depositions.

Disney says that if a continuance isn’t granted, it will be “forced to choose between proceeding with crucial depositions without the documents that would inform those depositions—or risking the chance it will be have to oppose summary judgment without the depositions at all”.

Disney notes that in addition to the outstanding Motion to Compel Discovery, it was “forced to file suit separately against the District to remediate its ongoing failure to satisfy its obligations under Florida’s public records law”. Furthermore, Disney says that prejudice against it is rapidly accumulating, noting that it is also in a fight with the Office of Florida Governor Ron DeSantis over a long-neglected subpoena that the Governor has yet to produce a single document from. Disney says that both DeSantis’ office and the Central Florida Tourism Oversight District have “blatantly stonewalled” the process.

This is the second time that Disney has asked Judge Schreiber to delay proceedings. Back in November, Judge Schreiber granted Disney a 75-day continuance to Disney to allow for the completion of Discovery. Disney says that CFTOD has dragged its feet since then and that Discovery is still not complete.

Disney and the Central Florida Tourism Oversight District were set to head to court on March 12th following the first continuance, but Disney says that a six-month continuance would allow Disney to “receive and review the discovery it needs, take depositions, submit any discovery disputes to this Court for resolution, and to present the Court with a fully developed record on which to consider the District’s summary judgment motion”.

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