Court filing
MOTION to Extend Time Unopposed Motion for an Extension of Time to Respond to the… — Agent Fee Litigation (Dkt. 37)
Summary
An unopposed motion for an extension of time filed by Defendant Truist Bank, dated June 5, 2020, in Sport & Wheat CPA PA v. ServisFirst Bank Inc., et al., in the U.S. District Court for the Northern District of Florida, Pensacola Division, under Case No. 3:20-cv-5425-TKW-HTC. The motion states that the plaintiff filed an Amended Complaint on May 27, 2020 adding Truist as a party and that Truist accepted service on June 3, 2020. It states that under Fed. R. Civ. P. 12(a) the response is due June 24, 2020 and asks for a nine (9) day extension through and including July 3, 2020, to which plaintiff's counsel consented. Truist reserves its defenses, and the motion is signed by counsel at McGuireWoods LLP with a certificate of service.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SPORT & WHEAT CPA PA,
a Florida corporation, individually
and on behalf of a class of
similarly situated businesses and
individuals,
Plaintiff,
Case No. 3:20-cv-5425-TKW-HTC
v.
SERVISFIRST BANK INC.; UNOPPOSED
SYNOVUS BANK;
THE FIRST, A NATIONAL
ASSOCIATION; and
TRUIST BANK.
Defendants.
DEFENDANT TRUIST BANK’S UNOPPOSED MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO THE AMENDED COMPLAINT
Defendant Truist Bank (“Truist”) moves the Court for an Order extending its
time to respond to the Amended Complaint until July 3, 2020, showing the Court as
follows:
1. Plaintiff filed an Amended Complaint on May 27, 2020, adding Truist
as a party to an earlier filed lawsuit (D.E. 21).
2. Truist accepted service of the Amended Complaint on June 3, 2020.
Pursuant to Fed. R. Civ. P. 12(a), Truist has until June 24, 2020 to respond to the
Amended Complaint.
3. When Truist agreed to accept service, Plaintiff agreed to give Truist
thirty (30) days, or until July 3, 2020, to respond to the Amended Complaint.
4. Therefore, Truist respectfully requests a nine (9) day extension, through
and including July 3, 2020, to answer, move, plead, defend, or otherwise respond to
the Amended Complaint.
5. This Motion is timely as it is filed before the deadline for Truist to
respond to the Amended Complaint.
6. This Motion is filed for good cause and not for delay or other improper
purpose.
7. Plaintiff’s Counsel consented to the extension request.
8. Truist expressly reserves and does not waive any defenses it otherwise
may assert in this action.
9. No party would be prejudiced by the requested extension.
WHEREFORE, Defendant Truist Bank respectfully requests an extension of
time through and including July 3, 2020 for Truist to answer, move, plead, defend,
or otherwise respond to the Amended Complaint.
Dated: June 5, 2020
2
MCGUIREWOODS LLP
By: /s/ Emily Y. Rottmann
Emily Y. Rottmann
Florida Bar No. 93154
50 North Laura Street, Suite 3300
Jacksonville, FL 32202
(904) 798-3200
(904) 798-3207 Fax
erottmann@mcguirewoods.com
flservice@mcguirewoods.com
Counsel for Truist Bank
CERTIFICATE OF SERVICE
I certify that on June 5, 2020, I electronically filed the foregoing with the Clerk
of Court using the CM/ECF system, which will automatically send email notification
of such filing to all attorneys of record.
/s/ Emily Y. Rottmann
Emily Y. Rottmann
131590103_1
3
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