On October 15, 2019 a
Motion for Extension of Time - TO RESPOND TO DEFENDANT'S DISCOVERY
was filed
involving a dispute between
Smith, Lueretta,
and
Winn- Dixie Stores, Inc,
for Neg - Premises Liability Commercial
in the District Court of Broward County.
Preview
Filing # 100102386 E-Filed 12/10/2019 04:27:33 PM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE 19-021319
Lueretta Smith, individually,
Plaintiff,
VS.
Winn-Dixie Stores, Inc., a Florida corporation,
Defendant.
/
PLAINTIFF’S MOTION FOR EXTENSION OF TIME
TO RESPOND TO DEFENDANT'S DISCOVERY
Plaintiff, through undersigned counsel, requests an Order granting her an extension of time
within which to respond to Defendant's discovery, and states:
1.
The Defendant propounded discovery on Plaintiff November 8, 2019 which was due
yesterday 12/9/19.
Undersigned counsel was chosen for jury duty in a week long criminal trial on
12/9/19 and was unable to prepare and file the instant motion, making it one day late.
Certain documents in response to Request for Production have been requested, but
not yet received. Plaintiff is in need of additional time within which to receive and
forward said documents to opposing counsel, as well as meet with her client to go
over the discovery.
The interrogatory responses are dependent upon documents referred to in number 3,
and so an extension to obtain these documents, have them reviewed by counsel, and
utilized in response to interrogatories, is needed, as well.
Plaintiff's Motion for Extension is not made in bad faith or for delay.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/10/2019 04:27:33 PM.****6. Granting Plaintiff's Motion for Extension will not prejudice the Defendant as trial
has not been set and there are no dispositive motions pending.
7. Plaintiff requests that any Order allow objections to be asserted and to allow this one
day late Motion to be considered timely as undersigned is serving in her civic duties
and was unable to file this pleading one day earlier.
WHEREFORE, Plaintiff requests this Court enter an Order granting her Motion for
Extension of Time to Respond to Defendant's Discovery and allow objections to be raised when
answers are due, and allowing this one day late Motion to be considered timely, plus any other relief
that the Court just and proper.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished via email to Paul J. Gamm, Esq., at
pgamm@hinshawlaw.com and kcardenas@hinshawlaw.com on December 10, 2019.
The Law Offices of Justin G. Morgan, P.A.
2500 Weston Road, Suite 211
Weston, Florida 33331
Tel: (954) 217-1016
Fax: (954) 217-1019
leadings@justginmorganlaw.com
/s/Susan Guller
SUSAN GULLER, ESQ.
FBN: 385859
Document Filed Date
December 10, 2019
Case Filing Date
October 15, 2019
Category
Neg - Premises Liability Commercial
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Filing # 100102386 E-Filed 12/10/2019 04:27:33 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE 19-021319 Lueretta Smith, individually, Plaintiff, VS. Winn-Dixie Stores, Inc., a Florida corporation, Defendant. / PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S DISCOVERY Plaintiff, through undersigned counsel, requests an Order granting her an extension of time within which to respond to Defendant's discovery, and states: 1. The Defendant propounded discovery on Plaintiff November 8, 2019 which was due yesterday 12/9/19. Undersigned counsel was chosen for jury duty in a week long criminal trial on 12/9/19 and was unable to prepare and file the instant motion, making it one day late. Certain documents in response to Request for Production have been requested, but not yet received. Plaintiff is in need of additional time within which to receive and forward said documents to opposing counsel, as well as meet with her client to go over the discovery. The interrogatory responses are dependent upon documents referred to in number 3, and so an extension to obtain these documents, have them reviewed by counsel, and utilized in response to interrogatories, is needed, as well. Plaintiff's Motion for Extension is not made in bad faith or for delay. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/10/2019 04:27:33 PM.****6. Granting Plaintiff's Motion for Extension will not prejudice the Defendant as trial has not been set and there are no dispositive motions pending. 7. Plaintiff requests that any Order allow objections to be asserted and to allow this one day late Motion to be considered timely as undersigned is serving in her civic duties and was unable to file this pleading one day earlier. WHEREFORE, Plaintiff requests this Court enter an Order granting her Motion for Extension of Time to Respond to Defendant's Discovery and allow objections to be raised when answers are due, and allowing this one day late Motion to be considered timely, plus any other relief that the Court just and proper. CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished via email to Paul J. Gamm, Esq., at pgamm@hinshawlaw.com and kcardenas@hinshawlaw.com on December 10, 2019. The Law Offices of Justin G. Morgan, P.A. 2500 Weston Road, Suite 211 Weston, Florida 33331 Tel: (954) 217-1016 Fax: (954) 217-1019 leadings@justginmorganlaw.com /s/Susan Guller SUSAN GULLER, ESQ. FBN: 385859