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MOTION to Extend Time to Respond to the Amended Complaint by THE FIRST, A NATIONAL… — Agent Fee Litigation (Dkt. 53)

Summary

An unopposed motion by Defendant The First, A National Banking Association, for an extension of time to respond to the Amended Complaint in Sport & Wheat CPA PA v. ServisFirst Bank Inc, et al., Case No. 3:20-cv-05425-TKW-HTC, in the U.S. District Court for the Northern District of Florida, Pensacola Division, dated June 23, 2020. The motion states that the plaintiff filed its Amended Complaint on May 27, 2020, that The First was served on June 4, 2020, and that its response was due June 25, 2020. It asks the Court to extend the deadline until July 9, 2020, and states that the plaintiff and The First agree to jointly seek any extension needed to conclude discovery against each other. The First reserves all defenses and states that no party would be prejudiced. The motion is signed by counsel Christopher A. Riley of Alston & Bird LLP and includes 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,
                                             Case No. 3:20-cv-05425-TKW-HTC
       Plaintiff,
                                             UNOPPOSED
v.

SERVISFIRST BANK INC, et. al.

       Defendants.

    DEFENDANT THE FIRST’S UNOPPOSED MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO THE AMENDED COMPLAINT

      Defendant The First, A National Banking Association (“The First”) moves the

Court for an Order extending its time to respond to the Amended Complaint until

July 9, 2020, showing the Court as follows:

      1.      Plaintiff filed an Amended Complaint on May 27, 2020. (Doc. # 21)

      2.      The First was served with the Amended Complaint on June 4, 2020.

(Doc. # 44)

      3.      The First’s response deadline was twenty-one days thereafter on June

25, 2020.

      4.      The First respectfully requests that it be permitted until July 9, 2020, to

respond to the Amended Complaint.
      5.     Because The First was added to this action later, some of the time

available under the Court's scheduling order has already run. Accordingly, Plaintiff

and The First have conferred and agree that, if this extension is granted, the parties

will jointly seek any extension of time necessary for each of them to conclude their

discovery against each other.

      6.     The First expressly reserves and does not waive any defense it may

otherwise assert in this action.

      7.     No party would be prejudiced by the requested extension.

     WHEREFORE, Defendant The First respectfully moves this Court to enter an

order extending until July 9, 2020, its time to respond to the Amended Complaint.



     Respectfully submitted this 23rd day of June 2020.

                                              /s/Christopher A. Riley
                                              CHRISTOPHER A. RILEY
                                              Florida Bar No. 0168165

                                              ALSTON & BIRD LLP
                                              1201 West Peachtree Street
                                              Atlanta, GA 30309
                                              Telephone: (404) 881-4790
                                              Chris.riley@alston.com

                                              Counsel for Defendant The First, A
                                              National Banking Association




                                          2
                             CERTIFICATE OF SERVICE

      I hereby certify that on this 23rd day of June 2020, I electronically filed the

foregoing with the Clerk of the Court using the CM/ECF system which will send

electronic notification of such filing to all counsel of record.

                                               /s/Christopher A. Riley
                                               CHRISTOPHER A. RILEY

                                               Counsel for Defendant The First, A
                                               National Banking Association




                                           3


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