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Filing # 145229568 E-Filed 03/07/2022 05:39:27 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA.
EXPERIMAX FRANCHISING, LLC, CASE NO: 502021CA001626XXXXMB
Plaintiff, DIVISION: AO
vs.
JEFFERY SIEPIERSKI, GINA FONTANA-
SIEPIERSKI, and BLUTUSK TECH, LLC,
Defendants.
JEFFERY SIEPIERSKI; GINA FONTANA-
OIenNmepavt. ..4 PITITTIOY THOTT TT
SLOFLONONL, aiid, DLU LUSK 1DUN, LLL,
Counter-Plaintiffs,
vs.
EXPERIMAX FRANCHISING, LLC;
EXPERIMAC FRANCHISING, LLC;
UFG GROUP, INC. d/b/a UNITED FRANCHISE
GROUP; and, HEALTH CLUB EXPERTS.COM,
LLC d/b/a BUSINESS FINANCE DEPOT,
Counter-Defendant and Third-Party Defendants.
/
COUNTER-DEFENDANT EXPERIMAX FRANCHISING, LLC, AND THIRD-PARTY
DEFENDANTS EXPERIMAC FRANCHISING, LLC AND UFG GROUP, INC.’S
MOTION FOR EXTENSION OF TIME
Counter-defendant EXPERIMAX FRANCHISING, LLC, and third-party defendants,
EXPERIMAC FRANCHISING, LLC, and UFG GROUP, INC. (collectively the “Third-Party
Defendants”), by and through the undersigned counsel, pursuant to Rule 1.090(b), Florida Rules
of Civil Procedure, files this Motion for Extension of Time, and in support thereof, states as
follows:
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FL EDIT N2IN7INND NE-20.97 DAA
PILL. PAL DLA VUUINE TT, FL, JUOL IE mDNUeeY, ULLIAN, YoruriZues, U.ug.e8 ivi On February 14, 2022, this Court held a specially set hearing on Counter-
Defendant’s and Third-Party Defendants’ Motions to Dismiss; at that hearing, the Court denied all
parties’ Motions to Dismiss.
2. The parties agreed to a proposed Order which required the Counter-Defendant and
Third Party-Defendants to serve their respective responsive pleadings within twenty (20) days of
the Court’s Order. While opposing counsel has submitted the Order to the Court for entry, no
Order has been entered.
3. Twenty days from the date of hearing would be Sunday, March 6, and therefore, in
accordance with the Florida Rules of Civil Procedure, the deadline date for the responsive
pleadings would fall on the next business day — Monday, March 7.
4. While no Order has been entered, in an abundance of caution, Counter-Defendant
and Third-Party Defendants seek an extension of time through this Friday, March 11, 2022 to serve
their responsive pleadings.
5. No parties would be prejudiced by the granting of this extension of time.
6. The undersigned emailed a request for the extension of time this morning to counsel
for the Counter-Piaintifi/ Third-Party Piatntiff; as of the time of the filing of this motion, opposing
counsel has not responded to the email.
WHEREFORE, the Counter-defendant EXPERIMAX FRANCHISING, LLC, and Third-
Party Defendants, EXPEIRMAC FRANCHISING, LLC, and UFG GROUP, INC. respectfully
request this Court enter an Order granting the motion for extension of time, and for any other relief
this Court deems just and proper.Dated: March 7, 2022 Respectfully submitted,
By: /Mark D. Nichols
Mark D. Nichols, Esq.
Florida Bar No.: 056580
munichols@ufgcorp.com
2121 Vista Parkway
West Palm Beach, FL 33411
Tel: (561) 868 -1453
Counsel for Experimax Franchising, LLC,
Experimac Franchising, LLC and UFG
Group, Inc.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true copy of the foregoing has been furnished via email service
to Justin G. Prociv, Esq., LAPIN & LEICHTLING, LLP, Counsel for Defendants, 255 Alhambra
Circle, Suite 600, Coral Gables, Florida 33134 at JProciv@LL-lawfirm.com and Joel Kenwood,
Esq., SACHS SAX CAPLAN, 6111 Broken Sound Parkway NW, Suite 200, Boca Raton, Florida
33487 at jkenwood@ssclawfirm.com; mfayter@ssclawfirm.com on this March 7, 2022.
By: /Mark D. Nichols
Mark D. Nichols, Esq.
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Filing # 145229568 E-Filed 03/07/2022 05:39:27 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. EXPERIMAX FRANCHISING, LLC, CASE NO: 502021CA001626XXXXMB Plaintiff, DIVISION: AO vs. JEFFERY SIEPIERSKI, GINA FONTANA- SIEPIERSKI, and BLUTUSK TECH, LLC, Defendants. JEFFERY SIEPIERSKI; GINA FONTANA- OIenNmepavt. ..4 PITITTIOY THOTT TT SLOFLONONL, aiid, DLU LUSK 1DUN, LLL, Counter-Plaintiffs, vs. EXPERIMAX FRANCHISING, LLC; EXPERIMAC FRANCHISING, LLC; UFG GROUP, INC. d/b/a UNITED FRANCHISE GROUP; and, HEALTH CLUB EXPERTS.COM, LLC d/b/a BUSINESS FINANCE DEPOT, Counter-Defendant and Third-Party Defendants. / COUNTER-DEFENDANT EXPERIMAX FRANCHISING, LLC, AND THIRD-PARTY DEFENDANTS EXPERIMAC FRANCHISING, LLC AND UFG GROUP, INC.’S MOTION FOR EXTENSION OF TIME Counter-defendant EXPERIMAX FRANCHISING, LLC, and third-party defendants, EXPERIMAC FRANCHISING, LLC, and UFG GROUP, INC. (collectively the “Third-Party Defendants”), by and through the undersigned counsel, pursuant to Rule 1.090(b), Florida Rules of Civil Procedure, files this Motion for Extension of Time, and in support thereof, states as follows: CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FL EDIT N2IN7INND NE-20.97 DAA PILL. PAL DLA VUUINE TT, FL, JUOL IE mDNUeeY, ULLIAN, YoruriZues, U.ug.e8 ivi On February 14, 2022, this Court held a specially set hearing on Counter- Defendant’s and Third-Party Defendants’ Motions to Dismiss; at that hearing, the Court denied all parties’ Motions to Dismiss. 2. The parties agreed to a proposed Order which required the Counter-Defendant and Third Party-Defendants to serve their respective responsive pleadings within twenty (20) days of the Court’s Order. While opposing counsel has submitted the Order to the Court for entry, no Order has been entered. 3. Twenty days from the date of hearing would be Sunday, March 6, and therefore, in accordance with the Florida Rules of Civil Procedure, the deadline date for the responsive pleadings would fall on the next business day — Monday, March 7. 4. While no Order has been entered, in an abundance of caution, Counter-Defendant and Third-Party Defendants seek an extension of time through this Friday, March 11, 2022 to serve their responsive pleadings. 5. No parties would be prejudiced by the granting of this extension of time. 6. The undersigned emailed a request for the extension of time this morning to counsel for the Counter-Piaintifi/ Third-Party Piatntiff; as of the time of the filing of this motion, opposing counsel has not responded to the email. WHEREFORE, the Counter-defendant EXPERIMAX FRANCHISING, LLC, and Third- Party Defendants, EXPEIRMAC FRANCHISING, LLC, and UFG GROUP, INC. respectfully request this Court enter an Order granting the motion for extension of time, and for any other relief this Court deems just and proper.Dated: March 7, 2022 Respectfully submitted, By: /Mark D. Nichols Mark D. Nichols, Esq. Florida Bar No.: 056580 munichols@ufgcorp.com 2121 Vista Parkway West Palm Beach, FL 33411 Tel: (561) 868 -1453 Counsel for Experimax Franchising, LLC, Experimac Franchising, LLC and UFG Group, Inc. CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true copy of the foregoing has been furnished via email service to Justin G. Prociv, Esq., LAPIN & LEICHTLING, LLP, Counsel for Defendants, 255 Alhambra Circle, Suite 600, Coral Gables, Florida 33134 at JProciv@LL-lawfirm.com and Joel Kenwood, Esq., SACHS SAX CAPLAN, 6111 Broken Sound Parkway NW, Suite 200, Boca Raton, Florida 33487 at jkenwood@ssclawfirm.com; mfayter@ssclawfirm.com on this March 7, 2022. By: /Mark D. Nichols Mark D. Nichols, Esq.