On September 21, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Operation Auto Glass, Llc,
Poe, Mike,
and
Allstate Fire And Casualty Insurance Company,
in the District Court of Hillsborough County.
Preview
Filing # 137807395 E-Filed 11/03/2021 11:36:37 AM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
CIVIL DIVISION
OPERATION AUTO GLASS, LLC, a/a/o
MIKE POE,
Plaintiff,
v. CASE NO.: 21-CC-098042
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,
Defendant.
_____________________________________/
DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO
PLAINTIFF’S COMPLAINT
The Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, by
and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.090, hereby files this
Motion for Extension of Time to Respond to Plaintiff’s Complaint, and as grounds therefore
states as follows:
1. Plaintiff filed the instant action seeking payment of benefits under a policy of
automobile insurance issued by Defendant.
2. On October 28, 2021 undersigned counsel filed its Notice of Appearance and
Designation of Electronic Mail Address pursuant to Rule 2.516, Fla. R. Jud. Admin.
3. As a result of the late case assignment, undersigned counsel is not yet in
possession of its client’s background and claim-handling documentation necessary to
competently respond to Plaintiff’s Complaint.
4. Therefore, Defendant requires additional time to respond to Plaintiff’s Complaint
electronically served on Defendant or about September 29, 2021.
354990
11/3/2021 11:36 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
5. Florida Rule of Civil Procedure 1.090(b) allows this Court to extend the time
within which the Defendant may respond.
6. Said rule states in pertinent part:
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, or (2) upon motion made and notice after the expiration of the
specified period, may permit the act to be done when failure to act was the
result of excusable neglect, but itmay not extend the time for making a
motion for new trial, for rehearing, or to alter or amend a judgment;
making a motion for relief from a judgment under rule 1.540(b); taking an
appeal or filing a petition for certiorari; or making a motion for a directed
verdict.
7. There will be no prejudice to the Plaintiff in the granting of this Motion.
8. Defendant asserts that this Motion includes the preservation of Defendant’s right
to assert affirmative defenses, if any.
9. Defendant seeks this extension in good faith and not for the purpose of undue
delay.
WHEREFORE, Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE
COMPANY, respectfully requests this Honorable Court grant this Motion for Enlargement of
Time to Respond to Plaintiff’s Complaint for the reasons as set forth above and for any other
relief deemed necessary.
Certificate of Service on Next Page
354990
2
11/3/2021 11:36 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by E-Mail to Jack Vasilaros, Esq., Attorney for the Plaintiff, (jack@VLawpa.com,
United Law Group of Florida, 1920 West Bay Drive, Suite 1, Largo, FL, 33770) this 3rd day of
November, 2021.
By: /s/ Ryan S. Stratton
Ryan S. Stratton, Esquire
Banker Lopez Gassler P.A.
360 Central Ave., Suite 700
St. Petersburg, FL 33701
Service-rstratton@bankerlopez.com
Phone: (727) 825-3628
Fax: (727) 821-1968
FBN: 0124879
Attorney for the Defendant
354990
3
11/3/2021 11:36 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Document Filed Date
November 03, 2021
Case Filing Date
September 21, 2021
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Filing # 137807395 E-Filed 11/03/2021 11:36:37 AM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA CIVIL DIVISION OPERATION AUTO GLASS, LLC, a/a/o MIKE POE, Plaintiff, v. CASE NO.: 21-CC-098042 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant. _____________________________________/ DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S COMPLAINT The Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.090, hereby files this Motion for Extension of Time to Respond to Plaintiff’s Complaint, and as grounds therefore states as follows: 1. Plaintiff filed the instant action seeking payment of benefits under a policy of automobile insurance issued by Defendant. 2. On October 28, 2021 undersigned counsel filed its Notice of Appearance and Designation of Electronic Mail Address pursuant to Rule 2.516, Fla. R. Jud. Admin. 3. As a result of the late case assignment, undersigned counsel is not yet in possession of its client’s background and claim-handling documentation necessary to competently respond to Plaintiff’s Complaint. 4. Therefore, Defendant requires additional time to respond to Plaintiff’s Complaint electronically served on Defendant or about September 29, 2021. 354990 11/3/2021 11:36 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 5. Florida Rule of Civil Procedure 1.090(b) allows this Court to extend the time within which the Defendant may respond. 6. Said rule states in pertinent part: 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, or (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but itmay not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict. 7. There will be no prejudice to the Plaintiff in the granting of this Motion. 8. Defendant asserts that this Motion includes the preservation of Defendant’s right to assert affirmative defenses, if any. 9. Defendant seeks this extension in good faith and not for the purpose of undue delay. WHEREFORE, Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, respectfully requests this Honorable Court grant this Motion for Enlargement of Time to Respond to Plaintiff’s Complaint for the reasons as set forth above and for any other relief deemed necessary. Certificate of Service on Next Page 354990 2 11/3/2021 11:36 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by E-Mail to Jack Vasilaros, Esq., Attorney for the Plaintiff, (jack@VLawpa.com, United Law Group of Florida, 1920 West Bay Drive, Suite 1, Largo, FL, 33770) this 3rd day of November, 2021. By: /s/ Ryan S. Stratton Ryan S. Stratton, Esquire Banker Lopez Gassler P.A. 360 Central Ave., Suite 700 St. Petersburg, FL 33701 Service-rstratton@bankerlopez.com Phone: (727) 825-3628 Fax: (727) 821-1968 FBN: 0124879 Attorney for the Defendant 354990 3 11/3/2021 11:36 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3