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Filing # 138230548 E-Filed 11/09/2021 06:10:39 PM
IN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
v.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC,
Defendants.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA,
Cross-Plaintiff,
v.
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendant.
/
CROSS-DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S MOTION FOR
ENLARGEMENT OF TIME TO RESPOND TO CROSS-PLAINTIFF, EDENS LIMITED
PARTNERSHIP D/B/A SUNSHINE SQUARE PLAZA’S CROSS-CLAIM
COMES NOW, the Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC
(hereinafter referred to as “Cross-Defendant”), by and through its undersigned counsel, and
pursuant to Florida Rule of Civil Procedure 1.090(b)(1), hereby files its Motion for Enlargement
of Time to Respond to Cross-Plaintiff, EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE
SQUARE PLAZA’S (hereinafter referred to as “Cross-Plaintiff’) Cross-Claim, and in support
thereof, states as follows:
1 Dn Ant ene WA ON Cee Matt 00 ENA he nee Me
Le Ul UCGLOUE! ZU, 2U21, LIOSS=r ails Luca 1S UL0ss-Uia i,
31661608.v1
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZA FL EDI 44INAINNDA Ne4N-20 DNA
Pn. PAL DLA VUUINE TT, PL, VUOL II monuecy, VLU, Fugue! uu. iu. civ2. Pursuant to the applicable Florida Rules of Civil Procedure, Cross-Defendant’s
Response is due within twenty (20) days.
3. In pertinent part, Florida Rule of Civil Procedure 1.090(b)(1) provides as follows:
When an act is required or allowed to be done at or within a specified time
by order of court, by these rules, or by notice given thereunder, for cause
shown the court at any time in its discretion (1) with or without notice,
may order the period enlarged if request therefor is made before the
expiration of the period originally prescribed or as extended by a previous
order...
4. The undersigned counsel has been diligently working on the preparation of Cross-
Defendant’s Response, but due to: urgent matters that have arisen in other litigation set for trial;
a heavy litigation caseload; and problems coordinating with Cross-Defendant’s employees to
obtain the necessary information to respond to Cross-Plaintiff’s Cross-Claim, he requires a brief
enlargement of time2. hat Cross-Detendant respectiully requests that it be allowed an enlargement of
time of ten (10) days to respond to Cross-Plaintiff's Cross-Claim.
6. The instant Motion is made for good cause and in good faith, and not for the
purpose of delaying the instant litigation. Cross-Plaintiff will not be prejudiced by Cross-
Defendant being granted a brief enlargement of time.
7. The undersigned counsel certifies that a good faith effort shall be made to resolve
the instant Motion, prior to setting same for Hearing.
wurnrrnanT 4. 7
Na at THR NRTA TARTANA TTA
WHEREPURE, Ue Ul
Nea.
S-VELCIUANL, IO DMIUNI VIEW LANDOUArDS, LLU
respectfully requests that this Court enter an Order: Granting the instant Motion; providing
Cross-Defendant an Enlargement of Time of Ten (10) days for Cross-Defendant to Respond to
Cross-Plaintiff's Cross-Claim; and such further relief as this Court deems just and proper under
the circumstances.
Page 2 of 3
31661608.v1CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded
electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com,
BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL
33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership d/b/a
Sunshine Square Plaza), MKatler@travelers.com, EGuilbea@travelers.com;
TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Blvd.,
Suite 250, Ft. Lauderdale, FL 33309, this 9TH day of November 2021. The certificate is taken
as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516.
/s/ David Majcak
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4469 Office
(561) 618-4549 Fax
email designations:
dmajca oldbergsegalla.com
dharrison@goldbergsegalla.com
Page 3 of 3
31661608.v1
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Filing # 138230548 E-Filed 11/09/2021 06:10:39 PM IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 v. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, Defendants. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA, Cross-Plaintiff, v. THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendant. / CROSS-DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO CROSS-PLAINTIFF, EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE SQUARE PLAZA’S CROSS-CLAIM COMES NOW, the Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC (hereinafter referred to as “Cross-Defendant”), by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.090(b)(1), hereby files its Motion for Enlargement of Time to Respond to Cross-Plaintiff, EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE SQUARE PLAZA’S (hereinafter referred to as “Cross-Plaintiff’) Cross-Claim, and in support thereof, states as follows: 1 Dn Ant ene WA ON Cee Matt 00 ENA he nee Me Le Ul UCGLOUE! ZU, 2U21, LIOSS=r ails Luca 1S UL0ss-Uia i, 31661608.v1 CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZA FL EDI 44INAINNDA Ne4N-20 DNA Pn. PAL DLA VUUINE TT, PL, VUOL II monuecy, VLU, Fugue! uu. iu. civ2. Pursuant to the applicable Florida Rules of Civil Procedure, Cross-Defendant’s Response is due within twenty (20) days. 3. In pertinent part, Florida Rule of Civil Procedure 1.090(b)(1) provides as follows: When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order... 4. The undersigned counsel has been diligently working on the preparation of Cross- Defendant’s Response, but due to: urgent matters that have arisen in other litigation set for trial; a heavy litigation caseload; and problems coordinating with Cross-Defendant’s employees to obtain the necessary information to respond to Cross-Plaintiff’s Cross-Claim, he requires a brief enlargement of time2. hat Cross-Detendant respectiully requests that it be allowed an enlargement of time of ten (10) days to respond to Cross-Plaintiff's Cross-Claim. 6. The instant Motion is made for good cause and in good faith, and not for the purpose of delaying the instant litigation. Cross-Plaintiff will not be prejudiced by Cross- Defendant being granted a brief enlargement of time. 7. The undersigned counsel certifies that a good faith effort shall be made to resolve the instant Motion, prior to setting same for Hearing. wurnrrnanT 4. 7 Na at THR NRTA TARTANA TTA WHEREPURE, Ue Ul Nea. S-VELCIUANL, IO DMIUNI VIEW LANDOUArDS, LLU respectfully requests that this Court enter an Order: Granting the instant Motion; providing Cross-Defendant an Enlargement of Time of Ten (10) days for Cross-Defendant to Respond to Cross-Plaintiff's Cross-Claim; and such further relief as this Court deems just and proper under the circumstances. Page 2 of 3 31661608.v1CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com, BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL 33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership d/b/a Sunshine Square Plaza), MKatler@travelers.com, EGuilbea@travelers.com; TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Blvd., Suite 250, Ft. Lauderdale, FL 33309, this 9TH day of November 2021. The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516. /s/ David Majcak GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4469 Office (561) 618-4549 Fax email designations: dmajca oldbergsegalla.com dharrison@goldbergsegalla.com Page 3 of 3 31661608.v1