MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR… — Agent Fee Litigation (Dkt. 76)

Summary

A motion for extension of time filed by plaintiff Sport & Wheat CPA PA 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, dated July 7, 2020. The motion states that three motions to dismiss are pending, by ServisFirst, Truist and TheFirst (ECF Nos. 49, 67, 69), with due dates of July 8, 17 and 20. It asks to file one omnibus response by July 20, which it describes as an extension of twelve additional days on the oldest motion. A certificate of compliance with Loc. R. 7.1(B) states that consent was sought from ServisFirst and Truist without a response. The motion is signed by William F. Cash III and John S. Wirt as attorneys for the plaintiff.

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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
                    MOTION FOR EXTENSION OF TIME
                   TO PREPARE AN OMNIBUS RESPONSE

      There are three motions to dismiss now pending against Sport & Wheat, by

ServisFirst, Truist, and TheFirst. (ECF Nos. 49, 67, 69.) The due dates are July 8,

17, and 20, respectively. The most recent of these motions was filed just yesterday.

      Having now seen them all, it is apparently that these motions largely raise

overlapping arguments. Rather than file three more briefs—making for four

opposition briefs in total—Sport & Wheat would like to file one omnibus response




                                             1
brief. This would assist the Court by giving it a coordinated overall response, rather

than writing piecemeal.

      Sport & Wheat would like to have until July 20—the due date for the most-

recently filed of these motions—to respond. This represents an extension of just

twelve additional days on the oldest of the motions to dismiss. This motion is not

being presented for purposes of delay. An extension would not delay the

proceedings in this case at all, in fact, because the Court is unlikely to rule on one of

the four pending motions to dismiss before briefing is complete in all of them.

      Sport & Wheat would appreciate the Court’s consideration.



Dated: July 7, 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



                                            2
                                        /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)

      Today, Sport & Wheat sought consent from ServisFirst and Truist. (Consent

from TheFirst is not needed because no extension is sought as to its motion.)

      Sport & Wheat has sent two e-mails and called both lawyers for ServisFirst

and Truist. No response was had and no conference has yet occurred.

      Sport & Wheat is filing this motion now because the TheFirst motion was

filed just yesterday and the due date for the ServisFirst brief is tomorrow. Also,

Sport & Wheat already anticipates ServisFirst will not consent because it previously

declined to give Sport & Wheat the full extension it sought.

      If either defendant responds, Sport & Wheat will promptly notify the Court.

                                        /s/ William F. Cash III




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