Preview
Filing # 154415701 E-Filed 08/01/2022 11:52:25 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
WPM-SOUTHERN, LLC,
a Florida limited liability company
Plaintiff,
v. Case No.: 2021-CA-2647
GATES GROUP, LLC, D/B/A GATES
CONSTRUCTION, a Florida limited liability
company, and UNITED STATES FIRE
INSURANCE COMPANY, INC., a Foreign
Corporation.
Defendants.
/
DEFENDANT, GATES GROUP’S THIRD MOTION FOR EXTENSION OF TIME TO
RESPOND TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
AND FIRST SET OF INTERROGATORIES
COMES NOW, Defendant, GATES GROUP, LLC (“Gates”) by and through their
undersigned counsel, and hereby files its Third Motion for Extension of Time to Respond to the
First Request for Production and First Set of Interrogatories served by Plaintiff, WPM-
SOUTHERN, LLC (“WPM-S”), and in support thereof states as follows:
1. On or about May 2, 2022, WPM-CS served Defendant, Gates, with its First Request for
Production and First Set of Interrogatories (“discovery requests”).
2. Gates’ deadline to respond to Plaintiffs discovery requests is June 1, 2022.
3. On or about June 1, 2022, Defendant, Gates filed its first motion for extension of time to
respond to Plaintiff's discovery requests.
4. Gates’ deadline to respond to Plaintiff’s discovery requests was July 1, 2022.
Page 1 of 3
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 08/01/2022 11:52:25 AM5. On or about June 30, 2022, Defendant, Gates filed its second motion for extension of time
to respond to Plaintiff's discovery requests.
6. Gates’ deadline to respond to Plaintiff’s discovery requests is August 1, 2022.
7. On May 17, 2022, a notice of unavailability for July 25, 2022 through August 5, 2022 was
filed by the undersigned.
8. Due to an unusually heavy calendar and workload and notice of unavailability, Defendant
and the undersigned require additional time to fully address and properly respond to Plaintiff's
discovery requests.
9. Consequently, Defendant respectfully requests that this Honorable Court grant Defendant
an additional fifteen (15) days within which to serve its responses to Plaintiff's discovery requests.
10. The Florida Rules of Civil Procedure, more specifically Rule 1.090(b) entitled Enlargement
of Time, provides in pertinent part:
When an action is required or allowed to be done at or in a specified time
by... these rules . . . for cause shown the Court at any time at its discretion
(1) with or without notice, may order the period enlarged if request therefore
is made...
11. This Motion is not made for the purposes of delay, and no party will be prejudiced by the
granting of the relief requested in this Motion.
WHEREFORE, Defendant, GATES GROUP, LLC respectfully requests that this
Honorable Court grant Defendant an additional extension of time of fifteen (15) days within which
to serve its responses to Plaintiffs First Request for Production and First Set of Interrogatories,
and award any further relief in Defendant’s favor as it deems fair and just.
CERTIFICATE OF SERVICE
Page 2 of 3I HEREBY CERTIFY that on August 1, 2022, I electronically transmitted the foregoing
document to the Clerk of the Court using The Florida Courts E-Filing Portal (“FCEP”) for filing
and transmittal of electronic mailing to the following FCEP registrants(s): MICHAEL F.
KAYUSA, ESQ. [mfk@mfkayusa.com] [paralegal@mfkayusa.com], Post Office Box 2237, Fort
Myers, Florida 33902.
4s/ Jonathan M. Weirich, Esq.
Jonathan M. Weirich, Esq.
Florida Bar No. 118961
Yarnell & Peterson, P.A.
3431 Pine Ridge Road, Suite 101
Naples, Florida 34109
Ph. 239/566-2013; Fax 239/566-9561
Service@NaplesLaw.us
JonathanWeirich@NaplesLaw.us
ElizabethNeat@NaplesLaw.us
Counsel for Defendants
Page 3 of 3
Preview
Filing # 154415701 E-Filed 08/01/2022 11:52:25 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION WPM-SOUTHERN, LLC, a Florida limited liability company Plaintiff, v. Case No.: 2021-CA-2647 GATES GROUP, LLC, D/B/A GATES CONSTRUCTION, a Florida limited liability company, and UNITED STATES FIRE INSURANCE COMPANY, INC., a Foreign Corporation. Defendants. / DEFENDANT, GATES GROUP’S THIRD MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION AND FIRST SET OF INTERROGATORIES COMES NOW, Defendant, GATES GROUP, LLC (“Gates”) by and through their undersigned counsel, and hereby files its Third Motion for Extension of Time to Respond to the First Request for Production and First Set of Interrogatories served by Plaintiff, WPM- SOUTHERN, LLC (“WPM-S”), and in support thereof states as follows: 1. On or about May 2, 2022, WPM-CS served Defendant, Gates, with its First Request for Production and First Set of Interrogatories (“discovery requests”). 2. Gates’ deadline to respond to Plaintiffs discovery requests is June 1, 2022. 3. On or about June 1, 2022, Defendant, Gates filed its first motion for extension of time to respond to Plaintiff's discovery requests. 4. Gates’ deadline to respond to Plaintiff’s discovery requests was July 1, 2022. Page 1 of 3 FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 08/01/2022 11:52:25 AM5. On or about June 30, 2022, Defendant, Gates filed its second motion for extension of time to respond to Plaintiff's discovery requests. 6. Gates’ deadline to respond to Plaintiff’s discovery requests is August 1, 2022. 7. On May 17, 2022, a notice of unavailability for July 25, 2022 through August 5, 2022 was filed by the undersigned. 8. Due to an unusually heavy calendar and workload and notice of unavailability, Defendant and the undersigned require additional time to fully address and properly respond to Plaintiff's discovery requests. 9. Consequently, Defendant respectfully requests that this Honorable Court grant Defendant an additional fifteen (15) days within which to serve its responses to Plaintiff's discovery requests. 10. The Florida Rules of Civil Procedure, more specifically Rule 1.090(b) entitled Enlargement of Time, provides in pertinent part: When an action is required or allowed to be done at or in a specified time by... these rules . . . for cause shown the Court at any time at its discretion (1) with or without notice, may order the period enlarged if request therefore is made... 11. This Motion is not made for the purposes of delay, and no party will be prejudiced by the granting of the relief requested in this Motion. WHEREFORE, Defendant, GATES GROUP, LLC respectfully requests that this Honorable Court grant Defendant an additional extension of time of fifteen (15) days within which to serve its responses to Plaintiffs First Request for Production and First Set of Interrogatories, and award any further relief in Defendant’s favor as it deems fair and just. CERTIFICATE OF SERVICE Page 2 of 3I HEREBY CERTIFY that on August 1, 2022, I electronically transmitted the foregoing document to the Clerk of the Court using The Florida Courts E-Filing Portal (“FCEP”) for filing and transmittal of electronic mailing to the following FCEP registrants(s): MICHAEL F. KAYUSA, ESQ. [mfk@mfkayusa.com] [paralegal@mfkayusa.com], Post Office Box 2237, Fort Myers, Florida 33902. 4s/ Jonathan M. Weirich, Esq. Jonathan M. Weirich, Esq. Florida Bar No. 118961 Yarnell & Peterson, P.A. 3431 Pine Ridge Road, Suite 101 Naples, Florida 34109 Ph. 239/566-2013; Fax 239/566-9561 Service@NaplesLaw.us JonathanWeirich@NaplesLaw.us ElizabethNeat@NaplesLaw.us Counsel for Defendants Page 3 of 3