DISREGARD. Corrected and re-filed at 61 .… — Blueacorn Beringer (Dkt. 60)

Summary

A motion for extension of time filed December 6, 2021 by plaintiff Beringer Commerce, Inc. d/b/a Blue Acorn iCi against Fin Cap, Inc. d/b/a Blueacorn.co, Blue Acorn PPP, LLC and Blue Oak Forest, LLC, Civil Action No. 5:21-CV-251-BO, in the U.S. District Court for the Eastern District of North Carolina, Western Division. Citing Rule 6(b) and Local Rule 7.1(a), the plaintiff asks for an additional thirty (30) days, through January 15, 2022, to respond to the defendants' First Set of Interrogatories and First Requests of Production of Documents. The motion states that the complaint was filed June 10, 2021, that the discovery requests were served November 16, 2021, and that defense counsel consents to the extension. The three-page filing, Doc. 60, is signed by Beth A. Stanfield of Forrest Firm, P.C. and includes a certificate of service.

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Full text

                       IN THE UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                                  WESTERN DIVISION
                            Civil Action No. 5:21-CV-251-BO

 BERINGER COMMERCE, INC. d/b/a
 BLUE ACORN iCi,

                    Plaintiff,

                                 v.
                                                   MOTION FOR EXTENSION OF TIME
 FIN CAP, INC. d/b/a “BLUEACORN.CO,”
 BLUE ACORN PPP, LLC, and BLUE OAK
 FOREST, LLC,

                      Defendants.


       NOW COMES Plaintiff BERINGER COMMERCE, INC. d/b/a BLUE ACORN iCi,

(“Blue Acorn iCi”) by and through the undersigned counsel, pursuant to Rule 6(b) of the Federal

rules of Civil Procedure and Local Rule 7.1(a), for good cause shown, and respectfully moves for

an extension of time to serve a response to Defendants FIN CAP, INC. d/b/a “BLUEACORN.CO,”

BLUE ACORN PPP, LLC, and BLUE OAK FOREST, LLC, (“Defendants”) First Set of

Interrogatories and First Requests of Production of Documents (“Discovery Requests”). In support

of this Motion, Plaintiff states as follows:

       1.       On June 10, 2021 Plaintiff filed its Complaint in the Eastern District of North

Carolina [DE-1].

       2.       On November 16, 2021 Defendants served Plaintiff with their Discovery Requests.

       3.       The file for serving a response to Defendants’ Discovery Requests has not yet

expired.




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           Case 5:21-cv-00251-BO         Document 60    Filed 12/06/21     Page 1 of 3
       4.     This Motion is made in good faith and not for the purpose of delay or any other

improper purpose.

       5.     Plaintiff requests an additional thirty (30) days to respond to Defendants’ Discovery

Requests through and including January 15, 2022.

       6.     Pursuant to Local Rule 6.1(a), the undersigned certifies that she has consulted with

the counsel for Defendants, who consents to the extension of time.

       7.     A proposed order is submitted contemporaneously with the filing of this Motion.



RESPECTFULLY SUBMITTED this the 6th day of December, 2021.


                                            /s/ Beth A. Stanfield
                                            Beth A. Stanfield (N.C. State Bar No. 36296)
                                            Laura K. Greene (N.C. State Bar No. 47771)
                                            FORREST FIRM, P.C.
                                            105 Grace Street, Suite 101
                                            Wilmington, NC 28401
                                            T/F: (336) 275 - 6344
                                            Beth.stanfield@forrestfirm.com
                                            katie.greene@forrestfirm.com
                                            Attorneys for Plaintiff




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        Case 5:21-cv-00251-BO         Document 60        Filed 12/06/21      Page 2 of 3
                                CERTIFICATE OF SERVICE
       The undersigned attorney hereby certifies that the foregoing MOTION FOR

EXTENSION OF TIME has been filed with the Clerk for the United States District Court,

Eastern District of North Carolina, using the electronic filing system of the Court. The electronic

case filing system will send a “Notice of Electronic Filing” to all attorneys of record who have

consented to accept service by electronic means.

       This the 6th day of December, 2021.
                                                            /s/ Beth A. Stanfield
                                                            Beth A Stanfield
                                                            Laura K. Greene

                                                            Attorneys for Plaintiff




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        Case 5:21-cv-00251-BO          Document 60       Filed 12/06/21      Page 3 of 3


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