Consent MOTION for Extension of Time to File Answer regarding 1 Complaint,,,,,, filed by… — Blueacorn Beringer (Dkt. 33)

Summary

A Consent Motion for Extension of Time, Document 33, filed 07/02/21 in Beringer Commerce, Inc., d/b/a Blue Acorn iCi v. Fin Cap, Inc., et al., Civil Action No. 5:21-cv-251-BO, in the U.S. District Court for the Eastern District of North Carolina, Western Division. Defendants Fin Cap, Inc., Blueacorn PPP, LLC and Blue Oak Forest, LLC (the "Blueacorn PPP Defendants") move under Rule 12 and EDNC Local Rule 6.1 for an extension to and including July 20, 2021 to respond to the Verified Complaint. The motion states that Fin Cap, Inc. was served on June 15, 2021, Blue Oak Forest, LLC on June 17, 2021 and Blueacorn PPP, LLC on June 29, 2021. It states that counsel for Plaintiff has consented to the extension. The motion is dated July 2, 2021 and signed /s/ Christopher J. Blake of Nelson Mullins Riley & Scarborough LLP.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

BERINGER COMMERCE, INC., d/b/a Civil Action No. 5:21-cv-251-BO
BLUE ACORN, iC1.,

Plaintiff,
vs.

FIN CAP, INC., d/b/a “BLUEACORN.CO,”
BLUE ACORN PPP, LLC, BLUE OAK
FOREST, LLC, MICHAEL S. COTA,
JAMES FLORES, STEPHANIE
HOCKRIDGE REIS, and NATHAN REIS,

Defendants.

CONSENT MOTION FOR EXTENSION OF TIME

Defendants Fin Cap, Inc., Blueacorn PPP, LLC and Blue Oak Forest, LLC (collectively,
the “Blueacorn PPP Defendants”), through undersigned counsel, and pursuant to Rule 12 of the
Federal Rules of Civil Procedure and EDNC Local Rule 6.1, hereby move for an extension of time
to respond to the Verified Complaint. (Dkt. 1).

1. Service of process was made upon the Blueacorn PPP Defendants as follows: (a)
Defendant Fin Cap, Inc. was served on June 15, 2021; (b) Defendant Blue Oak Forest, LLC was
served on June 17, 2021; and (c) Defendant Blueacorn PPP, LLC was served on June 29, 2021.

2. The Blueacorn PPP Defendants move for an extension of time to and including July
20, 2021 for answering or otherwise responding to the Verified Complaint, which will promote
judicial efficiency by allowing all three of the Blueacorn PPP Defendants to answer or respond to

the Verified Complaint at the same time.

Case 5:21-cv-00251-BO Document33 Filed 07/02/21 Pagelof3
3. Undersigned counsel has consulted with counsel for Plaintiff, who has consented
to the requested extension of time.

WHEREFORE, for the foregoing reasons, the Blueacorn PPP Defendants’ Motion for
Extension of Time should be granted, and the Blueacorn PPP Defendants should be allowed to
answer or otherwise respond to the Verified Complaint on or before July 20, 2021.

This the 2nd day of July, 2021.

NELSON MULLINS RILEY & SCARBOROUGH LLP

/s/ Christopher J. Blake
Christopher J. Blake

N.C. State Bar No. 16933
chris.blake@nelsonmullins.com
D. Martin Warf

N.C. State Bar No. 32982
martin. warf@nelsonmullins.com
4140 Parklake Avenue, Suite 200
Raleigh, North Carolina 27612
Phone: (919) 329-3800

Fax: (919) 329-3799

Counsel for Defendants Fin Cap, Inc., Blueacorn PPP,
LLC and Blue Oak Forest, LLC

Case 5:21-cv-00251-BO Document33 _ Filed 07/02/21 Page2of3
CERTIFICATE OF SERVICE

I hereby certify that on July 2, 2021, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system which will send notification of such filing to all counsel of

record.

NELSON MULLINS RILEY & SCARBOROUGH LLP

/s! Christopher J. Blake
Christopher J. Blake

N.C. State Bar No. 16933
chris.blake@nelsonmullins.com
4140 Parklake Avenue, Suite 200
Raleigh, North Carolina 27612

Case 5:21-cv-00251-BO Document33 _ Filed 07/02/21 Page3of3

File and source

File

gov.uscourts.nced.187990.33.0.pdf

Size

139,214 bytes

SHA-256

e02820908aaab7f4f9ac3611a6a096b3fbddb9ca6075e2a9dcaa57f08b753b91

Our copy

gov.uscourts.nced.187990.33.0.pdf

Original

PACER (login required)