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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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Full text

                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




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