Pinson v. JP Morgan Chase Bank, National Association et al

MOTION for Extension of Time to File Response/Reply as to 33 Response in Opposition to Motion

S.D. Fla.December 23, 2013

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JOHN PINSON, Plaintiff, Case No. 9:13-cv-80720-KAM v. JPMORGAN CHASE BANK, N.A., a Financial institution, LAW OFFICES OF MARSHALL C. WATSON, P.A. a/k/a CHOICE LEGAL GROUP, P.A., a Florida Professional association; and CPCC DELAWARE BUSINESS TRUST a/k/a CPCC DELAWARE STATUTORY TRUST, an unknown entity, Defendants. / DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT The defendants, JPMorgan Chase Bank, N.A. and CPCC Delaware Business Trust a/k/a CPCC Delaware Statutory Trusts (the "Defendants"), file their Motion for Enlargement of Time to Reply to the plaintiff John Pinson's Response in Opposition to the Defendants' Motion to Dismiss Amended Complaint, pursuant to Local Rule 7.1(a)(1)((J) and Fed. R. Civ. P. 6(b)(l)(A), and state: 1. On October 24, the Defendants filed their Motion to Dismiss Amended Complaint [DE 17]. On December 13, the Plaintiff filed a 34 page Pro Se Response in Opposition to the Defendants' Motion to Dismiss Amended Complaint [DE 33] The Defendants' reply is currently due on December 23, pursuant to Local Rule 7.1(c)(1)((A). 2. The Defendants require additional time to reply to the response in order to 1 By filing this motion, CPCC Delaware Business Trust, a/k/a CPCC Delaware Statutory Trust does not waive service of process and reserves its right to challenge the sufficiency of process. Case 9:13-cv-80720-KAM Document 37 Entered on FLSD Docket 12/23/2013 Page 1 of 4 properly address it and to clarify the issues for the court. 3. The Defendants request an extension of time until after the holidays, through and including January 5, 2014, within which to respond. 4. This motion is brought in good faith and not brought for the purpose of delay. 5. This case is not set for trial, and no party will be prejudiced by the requested extension. 6. On December 20, Michael Lessne, an attorney at GrayRobinson, P.A., contacted the plaintiff and requested his consent to this extension. As of the time of filing, the plaintiff has not agreed to any extension. WHEREFORE, the Defendants request the entry of an order (in the form attached as Exhibit A) an extension of time, through and including January 5, 2014, within which to reply to the Defendants' response to their motion to dismiss the plaintiff's amended complaint. Dated: December 23, 2013. GRAYROBINSON, P.A. 401 E. Las Olas Blvd., Suite 1850 Fort Lauderdale, FL 33301 Telephone: (954) 761-8111 Facsimile: (954) 761-8112 Counsel for JPMorgan Chase Bank and CPCC Delaware Business Trust s/Patrick S. Scott Thomas H. Loffredo Florida Bar No.: 870323 thomas.loffredo@gray-robinson.com Patrick S. Scott Florida Bar No. 290025 patrick.scott@gray-robinson.com Michael D. Lessne Fla. Bar No. 0073881 michaellessne@gray-robinson.com 2 Case 9:13-cv-80720-KAM Document 37 Entered on FLSD Docket 12/23/2013 Page 2 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served electronically upon all parties that have registered for the CM/ECF service list and mailed to John Pinson, 526 Westwood Road, West Palm Beach, FL 33401 this 23rd day of December, 2013. s/Patrick S. Scott Patrick S. Scott \823538\5200 -# 2676488 vl 3 Case 9:13-cv-80720-KAM Document 37 Entered on FLSD Docket 12/23/2013 Page 3 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JOHN PINSON, Plaintiff, Case No. 9:13-cv-80720-KAM v. JPMORGAN CHASE BANK, N.A., a Financial institution, LAW OFFICES OF MARSHALL C. WATSON, P.A. a/k/a CHOICE LEGAL GROUP, P.A., a Florida Professional association; and CPCC DELAWARE BUSINESS TRUST a/k/a CPCC DELAWARE STATUTORY TRUST, an unknown entity, Defendants. ORDER GRANTING DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT Without holding a hearing, the court considered the Defendants' Motion for Enlargement of Time to Reply to Response to Defendants' Motion to Dismiss Amended Complaint [DE For good cause shown, it is ORDERED that the motion is granted. The defendants, JPMorgan Chase Bank, N.A. and CPCC Delaware Business Trust a/k/a CPCC Delaware Statutory Trust shall have through January 5, 2014, to reply to Plaintiff's Response in Opposition to the Defendants' Motion to Dismiss Amended Complaint [DE 33]. DONE and ORDERED in Chambers in West Palm Beach Florida on KENNETH A. MARRA United States District Judge Copies furnished to: John Pinson, pro se plaintiff, and counsel for all defendants Case 9:13-cv-80720-KAM Document 37 Entered on FLSD Docket 12/23/2013 Page 4 of 4