Molina et al v. Ace Homecare LLC

Middle District of Florida, flmd-8:2016-cv-02214

Unopposed MOTION for Extension of Time to File final proposed WARN Act notice form to this Honorable Court until October 6, 2017 by Toni Molina.

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, ERICA TOVAR, TARA WARD, CONSUELO POWELL DONALD HALL, and DEBBIE BURGESS, on behalf of themselves and all others similarly situated, Plaintiffs, v. Case Number: 8:16-cv-02214-JDW-TGW ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and JOCELYN BARLAAN, Defendants. _______________________________/UNNOPPOSED MOTION FOR ONE WEEK EXTENSION OF TIME TO SUBMIT TO COURT FOR APPROVAL PROPOSED WARN CLASS NOTICE Plaintiffs, by and through her undersigned counsel, without objection from Defendants, respectfully move for entry of an Order extending their deadline to submit the final proposed WARN notice form to this Honorable Court until October 6, 2017. In support of the foregoing request, Plaintiffs state as follows: 1. On September 15, 2017, a hearing was held on Plaintiffs’ Rule 23 Motion for Class Certification (Doc. 25). During that hearing, Plaintiff’s counsel offered and was then given two-weeks by the Court to file its proposed Class Notice that would be sent to members of the WARN ACT Class, making the deadline today, September 29, 2017. 2. The undersigned contracted strep throat and missed most of this week due to illness, and is still sick but back working. The notice has now been drafted and will be submitted later today for Defendant’s review/approval/comments. However, because the undersigned missed most of this week due to illness, he respectfully asks for a one week extension to submit the final proposed WARN notice form to this Honorable Court for approval. 3. No other deadlines will be impacted by this short extension. 4. Defendant does not object to this Motion. MEMORANDUM OF LAW When an act is required or allowed to be done at or within a specified time, the Court for cause shown may at any time in its discretion, with or without motion or notice, order the period enlarged if such a request is made before the expiration of the period originally prescribed or as extended by previous order. See Fed. R. Civ. P. 6(b). The instant motion is brought before Plaintiffs’ current deadline to file their proposed WARN Act Class Notice with the Court for approval. Plaintiffs respectfully suggest cause has been shown for the requested enlargement. WHEREFORE, Plaintiffs move for entry of an Order extending their deadline to submit the final proposed WARN notice form to this Honorable Court until October 6, 2017. CERTIFICATE OF GOOD FAITH The undersigned counsel for Plaintiff certifies that in conformance with Local Rule 3.01(g) he conferred with Defendant’s counsel who stated that Defendant does not oppose this Motion. Dated this 29 day of September, 2017. Respectfully submitted,/s/Brandon J. Hill LUIS A. CABASSA Florida Bar Number: 0053643 Direct No.: 813-379-2565 BRANDON J. HILL Florida Bar Number: 37061 Direct No.: 813-337-7992 WENZEL FENTON CABASSA, P.A. 1110 North Florida Avenue, Suite 300 Tampa, FL 33602 Main No.: 813-224-0431 2 Facsimile: 813-229-8712 Email: lcabassa@wfclaw.com Email: bhill@wfclaw.com Email: jriley@wfclaw.com Attorneys for Plaintiffs CHAD A. JUSTICE Florida Bar Number: 121559 Direct No. 813-254-1777x106 BLACK ROCK TRIAL LAWYERS 201 S Westland Avenue Tampa, Florida 33606 Main No.: 813-254-1777 Facsimile: 813-254-3999 E-mail: chadjustice@blackrocklaw.com E-mail: litigation@blackrocklaw.com Attorneys for Plaintiff 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 29th day of September, 2017 I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of this filing to all counsel of record, including: Stanford R. Solomon ssolomon@solomonlaw.com Blake J. Fredrickson bfredrickson@solomonlaw.com The Solomon Law Group. P.A. 1881 West Kennedy Boulevard Tampa, Florida 333606-1611 Attorneys for Defendant/s/Brandon J. Hill BRANDON J. HILL 4