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Home Court filings Agent Fee Litigation Consent MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss……

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Consent MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss… — Agent Fee Litigation (Dkt. 58)

Summary

A consent motion for extension of time dated June 26, 2020 in Sport & Wheat CPA PA v. ServisFirst Bank Inc., et al., Case No. 3:20-cv-5425-TKW-HTC, in the U.S. District Court for the Northern District of Florida, Pensacola Division. Plaintiff Sport & Wheat, suing individually and on behalf of a class, asks for seven additional days to respond to defendant ServisFirst's motion to dismiss (ECF No. 49). The motion states that the response is due July 1 and asks that the deadline move to July 8, citing overlapping deadlines for counsel. It states that ServisFirst consents, and a certificate of compliance with Loc. R. 7.1(B) records that conference. The motion is signed by counsel from Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. and Wirt & Wirt, P.A.

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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.;
SYNOVUS BANK;
THE FIRST, A NATIONAL
BANKING ASSOCIATION; and
TRUIST BANK,

      Defendants.

                PLAINTIFF SPORT & WHEAT’S
          CONSENT MOTION FOR EXTENSION OF TIME
     TO RESPOND TO DEFENDANT SERVISFIRST’S MOTION TO
                    DISMISS (ECF No. 49)

      Sport & Wheat asks the Court for an additional seven days to respond to

ServisFirst’s motion to dismiss (ECF No. 49).

      This motion was filed on June 17, making Sport & Wheat’s response due on

July 1. Sport & Wheat would ask that the response be due on July 8 instead. The

ground for this request is overlapping deadlines on counsel’s part.

      ServisFirst has agreed to this relief.

      Sport & Wheat would appreciate the Court’s consideration.

                                             1
Dated: June 26, 2020                  Respectfully submitted,




                                      /s/ William F. Cash III
                                      Virginia M. Buchanan
                                        (Fla. Bar No. 793116)
                                      Matthew D. Schultz (Fla. Bar No. 640328)
                                      William F. Cash III (Fla. Bar No. 68443)
                                      LEVIN, PAPANTONIO, THOMAS,
                                      MITCHELL, RAFFERTY & PROCTOR,
                                      P.A.
                                      316 South Baylen Street, Suite 600
                                      Pensacola, FL 32502
                                      Phone: 850-435-7059
                                      Email: bcash@levinlaw.com

                                      /s/ John S. Wirt
                                      John S. Wirt, Esq. (Fla. Bar No. 117640)
                                      Pamela Cocalas Wirt, Esq. (Fla. Bar No.
                                      109576)
                                      WIRT & WIRT, P.A.
                                      5 Calhoun Ave, Suite 306
                                      Destin, FL 32541
                                      Tel: 847-323-4082
                                      Fax: 314-431-6920
                                      jwirt@wirtlawfirm.com

                                      Attorneys for the Plaintiff



         CERTIFICATE OF COMPLIANCE WITH LOC. R. 7.1(B)

      Sport & Wheat conferred with ServisFirst, and it consents to this extension.

                                      /s/ William F. Cash III


                                        2


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