Acosta et al v. Republic Services of Florida, LP

Middle District of Florida, flmd-8:2017-cv-00940

Unopposed MOTION for Extension of Time to File Response to Complaint by Republic Services of Florida, LP.

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ALBERTO ACOSTA, et al., Plaintiffs, v. Case No.: 8:17-CV-00940-JSM-MAP REPUBLIC SERVICES OF FLORIDA, LP, Defendant. _______________________________________/DEFENDANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT Defendant, REPUBLIC SERVICES OF FLORIDA, LP, (hereinafter "Defendant") hereby moves, under Federal Rule of Civil Procedure 6, for a thirty (30) day extension for Defendant to file a response to Plaintiff’s Complaint. In support of the Motion, Defendant states as follows: 1. Defendant was served with Plaintiff’s Complaint on April 24, 2017. See D.E. 3. 2. On May 16, 2017, Plaintiff filed a Motion for Entry of Clerk’s Default, and a corresponding Clerk’s Default was entered on May 17, 2017. D.E. 6, 7. 3. Defendant learned of Motion and Clerk’s Default on May 17, 2017, and promptly moved to vacate the Clerk’s Default the same day. D.E. 8. 4. On May 18, 2017, the Court granted Defendant’s Unopposed Motion to Vacate the Clerk’s Default, and provided a fourteen (14) day deadline for Defendant to file a response to the Complaint. D.E. 9. MEMORANDUM OF LAW Rule 6(b) provides in pertinent that "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time[] if a request is made, before the original time or its extension expires." Fed. R. Civ. P. 6(b)(1). The undersigned counsel has only recently been retained by Defendant, and is in the initial stages of investigating the allegations and obtaining the requisite information to enter a response. Given the foregoing, Defendant respectfully submits that good cause exists for this Court to grant a thirty (30) day extension, to July 3, 2017, for Defendant to file a response to the Complaint. Further, the granting of this extension of time will not needlessly delay the proceedings in this matter. Pursuant to Local Rule 3.01(g), Defendant’s counsel certifies that it has contacted Plaintiff’s counsel, Cynthia Gonzalez, Esquire, and Plaintiff’s counsel has no objection to the relief requested herein. WHEREFORE, Defendant, REPUBLIC SERVICES OF FLORIDA, L.P., respectfully requests this Honorable Court to enter an Order granting this Motion. Dated: May 24, 2017. Respectfully submitted, LITTLER MENDELSON, P.C. 111 North Magnolia Avenue, Suite 1250 Orlando, Florida 32801 Telephone: (407) 393-2900 Facsimile: (407) 393-2929 By:/s/Ben K. Schott ___________ Ben K. Schott, Esquire Florida Bar No.: 107756 Email: Attorney for Defendant 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of May, 2017, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send a copy via email to the following: Cynthia Gonzalez, Esquire, Cynthia Gonzalez, P.A., 4023 North Armenia Avenue, Suite 240, Tampa, Florida 33607, K. Schott Ben K. Schott Firmwide:147818489.1 068119.1499 DRAFT 5/24/17 3