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Filing # 154658839 E-Filed 08/04/2022 09:24:13 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.
/
DEFENDANTS, UNITED STATES FIRE INSURANCE COMPANY AND GATES
GROUP, LLC’S MOTION FOR EXTENSION OF TIME TO RESPOND TO
PLAINTIFF’S SECOND AMENDED COMPLAINT
COMES NOW, Defendants, UNITED STATES FIRE INSURANCE COMPANY, INC.,
(USFIC”), and GATES GROUP, LLC, (“Gates”) by and through its undersigned counsel, and
hereby files its Motion for Extension of Time to Respond to the Second Amended Complaint
served by Plaintiff, WPM-SOUTHERN, LLC, (“WPM”), and in support thereof states as follows:
1. On or about July 25, 2022, WPM filed a second amended complaint.
2. USFIC and Gates Group, LLC’s deadline to respond to Plaintiff's Second Amended
Complaint is August 4, 2022.
3. On May 13, 2022, a notice of unavailability for July 25, 2022 through August 5, 2022 was
filed by the undersigned.
Page 1 of 3
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 08/04/2022 09:24:13 AM4. Due to an unusually heavy calendar and workload and notice of unavailability, Defendants
and the undersigned require more time to fully address and properly respond to Plaintiff's Second
Amended Complaint.
5. Consequently, Defendants respectfully requests that this Honorable Court grant
Defendants an additional thirty (30) days within which to serve its response to the Second
Amended Complaint.
6. 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
ismade...
7. 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, Defendants, UNITED STATES FIRE INSURANCE COMPANY, INC.
AND GATES GROUP, LLC, respectfully requests that this Honorable Court grant Defendants an
extension of time of thirty (30) days within which to serve its response to Plaintiff’s Second
Amended Complaint, and award any further relief in Defendants’ favor as it deems fair and just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 4, 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.
/s/ Jonathan M. Weirich, Esq.
Page 2 of 3Jonathan 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
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Filing # 154658839 E-Filed 08/04/2022 09:24:13 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. / DEFENDANTS, UNITED STATES FIRE INSURANCE COMPANY AND GATES GROUP, LLC’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S SECOND AMENDED COMPLAINT COMES NOW, Defendants, UNITED STATES FIRE INSURANCE COMPANY, INC., (USFIC”), and GATES GROUP, LLC, (“Gates”) by and through its undersigned counsel, and hereby files its Motion for Extension of Time to Respond to the Second Amended Complaint served by Plaintiff, WPM-SOUTHERN, LLC, (“WPM”), and in support thereof states as follows: 1. On or about July 25, 2022, WPM filed a second amended complaint. 2. USFIC and Gates Group, LLC’s deadline to respond to Plaintiff's Second Amended Complaint is August 4, 2022. 3. On May 13, 2022, a notice of unavailability for July 25, 2022 through August 5, 2022 was filed by the undersigned. Page 1 of 3 FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 08/04/2022 09:24:13 AM4. Due to an unusually heavy calendar and workload and notice of unavailability, Defendants and the undersigned require more time to fully address and properly respond to Plaintiff's Second Amended Complaint. 5. Consequently, Defendants respectfully requests that this Honorable Court grant Defendants an additional thirty (30) days within which to serve its response to the Second Amended Complaint. 6. 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 ismade... 7. 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, Defendants, UNITED STATES FIRE INSURANCE COMPANY, INC. AND GATES GROUP, LLC, respectfully requests that this Honorable Court grant Defendants an extension of time of thirty (30) days within which to serve its response to Plaintiff’s Second Amended Complaint, and award any further relief in Defendants’ favor as it deems fair and just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 4, 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. /s/ Jonathan M. Weirich, Esq. Page 2 of 3Jonathan 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