Unopposed Motion for Additional Extension of Time — 3M Company v. TAC2 Global LLC, Case 8:20-cv-01003, Doc. 43 (Filed 06/12/20)

Date: 2020-05-06

Summary

An unopposed motion for additional extension of time to respond to the complaint, filed June 12, 2020 as Document 43 in 3M Company v. TAC2 Global LLC, Case No. 8:20-cv-01003-MSS-CPT, in the U.S. District Court for the Middle District of Florida, Tampa Division. Defendant TAC2 Global, LLC moves under Rule 6 of the Federal Rules of Civil Procedure, noting that the complaint asserts eight counts under Florida law and the Lanham Act. The motion states that the defendant was served May 6, 2020, that the Court earlier extended the response deadline through June 12, 2020 [D.E. 42], and that the parties have reached a resolution and are finalizing a settlement agreement. It asks for an additional six (6) day extension until June 18, 2020, and includes a certificate of good faith stating that plaintiff's counsel agreed to the request.

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Cite this document

“Unopposed Motion for Additional Extension of Time — 3M Company v. TAC2 Global LLC, Case 8:20-cv-01003, Doc. 43 (Filed 06/12/20).” Original at ecf.flmd.uscourts.gov, dated 2020-05-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-05-06-t-35cpt-v-tac2-global-llc-852b004b-1/, SHA-256 852b004b1cf150b88b605a4092028e52ba56191b4d05ca1e462d9ab21a7d3b13.

Full text

Case 8:20-cv-01003-MSS-CPT Document 43 Filed 06/12/20 Page 1 of 3 PageID 416

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

3M COMPANY

Plaintiff,
CASE NO. 8:20-cv-1003-T-35CPT
v.

TAC2 GLOBAL LLC

Defendant.
/

UNOPPOSED MOTION FOR ADDITIONAL EXTENSION OF TIME
TO RESPOND TO COMPLAINT

Defendant, TAC2 GLOBAL, LLC (“TAC2” or “Defendant”), pursuant to Rule 6 of the Federal

Rules of Civil Procedure, by and through its undersigned counsel, hereby moves for an additional extension

to the deadline to respond to Plaintiff’s Complaint [D.E. 1]. In support of this motion, Defendant states the

following:

1. This is action consists of an Eight Count complaint asserting the following causes

of action: Violation of Florida’s Unfair and Deceptive Trade Practices Act (“FDUTPA”);

Trademark Infringement Under Fla. Stat. 495.131; Dilution under Fla. Stat. §495.151; Unfair

Competition under Florida Common Law; False Advertising Under the Lanham Act; Trademark

Infringement under the Lanham Act; Unfair Competition, False Endorsement, False Association,

and False Designation of Origin Under the Lanham Act; and Trademark Dilution under the

Lanham Act.

2. Defendant was served with this lawsuit on May 6, 2020.

3. Pursuant to Rule 12 of the Federal Rules of Civil Procedure, Defendant’s response to

Plaintiff’s Complaint was due on May 27, 2020.

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Case 8:20-cv-01003-MSS-CPT Document 43 Filed 06/12/20 Page 2 of 3 PageID 417

4 On June 2, 2020, Defendant filed an Unopposed Motion for Extension of Time to Respond

to Complaint [D.E. 40] and stated that the parties were engaged in meaningful settlement communications.

5. This Court granted Defendant’s request for an extension up to and through June 12, 2020,

to respond to the Complaint [D.E. 42].

6. The parties have reached a resolution and are in the process of finalizing the details and

language of the Settlement Agreement and they anticipate filing a Notice of Settlement early next week.

7. Defendant is requesting an additional six (6) day extension of time to respond to the Complaint,

until June 18, 2020 while the parties finalize the details of the settlement.

MEMORANDUM OF LAW

Federal Rule of Civil Procedure, Rule 6(b) provides that the Court may, for good cause extend the

time for an action upon motion of a party prior to the original deadline. As stated above, Defendant has

provided good cause for an additional extension to the deadline to respond to the Complaint due

to a settlement being reached among the parties. There will be no prejudice to the Court or the parties

if the Unopposed Motion is granted.

WHEREFORE, the Defendant’s counsel respectfully requests that this Court grant this Unopposed

Motion for Additional Extension of Time to Respond to Complaint until June 18, 2020, and for any other

relief as the Court may allow.

/s/ Amy E. Stoll
Amy E. Stoll, Esquire
Florida Bar No. 150959
Richard C. Alvarez, Esquire
Florida Bar No. 031615
Older Lundy & Alvarez
1000 West Cass Street
Tampa, Florida 33606
Phone: (813) 254-8998
Fax: (813) 839-4411
astoll@olalaw.com
jblanchette@olalaw.com

2
Case 8:20-cv-01003-MSS-CPT Document 43 Filed 06/12/20 Page 3 of 3 PageID 418

CERTIFICATE OF GOOD FAITH
DEFENDANT’S COUNSEL HEREBY CERTIFIES that it conferred with Plaintiff’s
counsel, in good faith and in accordance with Local Rule 3.01(g), and Plaintiff’s counsel agreed
to the requested additional extension.
CERTIFICATE OF SERVICE

DEFENDANT’S COUNSEL HEREBY CERTIFIES that on June 12, 2020, a true and
correct copy of this Motion was electronically filed with the Clerk of Court using the CM/ECF
system so that notice will be sent to all counsel of record.

/s/ Amy E. Stoll
Amy E. Stoll, Esquire
Florida Bar No. 150959

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