On July 24, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Kerns Capital Management, Inc.,
Kerns, Cody,
Wftmb Holdings Llc,
and
Bbrc Real Estate, Llc,
Brito Cutie, Rafael,
Da Rocha Gomes Bastos, Renan,
Fxwinning, Ltd.,
Kuschner, Julian,
Lopez, Jonathan,
Merino, David,
for Business Torts
in the District Court of Miami-Dade County.
Preview
Filing # 179698766 E-Filed 08/15/2023 02:37:34 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2023-020202-CA-01 (CA44)
Complex Business Litigation Division
CODY KERNS, an individual, KERNS CAPITAL
MANAGEMENT, INC., a British Virgin Islands
Company, and WFTMB Holdings, LLC,
a Florida Limited Liability Company,
Plaintiffs,
v
FXWINNING, LTD., a Hong Kong Limited Company,
JONATHAN LOPEZ, an individual,
JULIAN KUSCHNER, an individual,
DAVID MERINO, an individual,
RENAN DA ROCHA GOMES BASTOS, an individual,
RAFAEL BRITO CUTIE, an individual,
BBRC REAL ESTATE, LLC,
a Florida Limited Liability Company,
Defendants.
_______________________________________/
DEFENDANTS’ UNOPPOSED MOTION FOR
EXTENSION OF TIME TO RESPOND TO COMPLAINT
Defendants, Renan Da Rocha Gomes Bastos (“Bastos”) and BBRC Real Estate, LLC
(“BBRC”) (collectively, the “Defendants”), through undersigned counsel and pursuant to Florida
Rule of Civil Procedure 1.090(b), respectfully move for an Unopposed Motion for Extension of
Time to Respond to the Complaint, and state:
1. BBRC was served with a copy of the Complaint on July 28, 2023; and is thus
required to respond to the Complaint on or before August 17, 2023. See Fla. R. Civ. P. 1.140.
2. Bastos was served with a copy of the Complaint on July 31, 2023; and is thus
required to respond to the Complaint on or before August 21, 2023. See Fla. R. Civ. P. 1.140.
NELSON MULLINS RILEY & SCARBOROUGH | ATTORNEYS AT LAW
One Biscayne Tower | 2 South Biscayne Blvd. 21st Floor Miami, FL 33131 | T: 305.373.9400 | F: 305.373.9443 | nelsonmullins.com
3. Defendants require additional time to review Plaintiffs’ allegations, evaluate same,
investigate their defenses, and appropriately respond to the Complaint.
4. Defendants therefore request an extension of time to respond to the Complaint up
through and including September 15, 2023.
5. This request for an extension is made in good faith, and for good cause, and is not
made for any dilatory or improper purpose.
CBL Rule 4.3 Notice of Compliance with Meet and Confer Requirement
On August 15, 2023, counsel for Defendants conferred with counsel for Plaintiffs via e-
mail. Counsel for Plaintiffs advised that Plaintiffs do not oppose the relief sought herein and have
consented to the submission of an agreed order for the Court’s consideration.
WHEREFORE, Defendants, Renan Da Rocha Gomes Bastos and BBRC Real Estate, LLC,
respectfully request that this Court enter an Order enlarging the amount of time for Defendants to
respond to Plaintiffs’ Complaint up through and including September 15, 2023, and for such other
relief deemed just and proper.
Dated: August 15, 2023 Respectfully submitted,
NELSON MULLINS RILEY
& SCARBOROUGH LLP
2 South Biscayne Blvd., 21st Floor
Miami, Florida 33131
Telephone: 305.373.9436
By: /s/ Ryan K. Todd
Justin B. Kaplan | Fla. Bar No. 33725
Justin.Kaplan@nelsonmullins.com
Ryan K. Todd | Fla. Bar No. 91679
Ryan.Todd@nelsonmullins.com
Elaine Kussurelis | Fla. Bar No. 1019234
Elaine.Kussurelis@nelsonmullins.com
Counsel for Defendants, Bastos and
BBRC
2
NELSON MULLINS RILEY & SCARBOROUGH | ATTORNEYS AT LAW
One Biscayne Tower | 2 South Biscayne Blvd. 21st Floor Miami, FL 33131 | T: 305.373.9400 | F: 305.373.9443 | nelsonmullins.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 15th day of August 2023, a true and correct copy of the
foregoing was sent by e-mail via the Florida Courts eFiling Portal (pursuant to Rule 2.516,
Florida Rules of Judicial Administration and Administrative Order SC13-49), to all counsel of
record.
/s/ Ryan K. Todd
Ryan K. Todd
3
NELSON MULLINS RILEY & SCARBOROUGH | ATTORNEYS AT LAW
One Biscayne Tower | 2 South Biscayne Blvd. 21st Floor Miami, FL 33131 | T: 305.373.9400 | F: 305.373.9443 | nelsonmullins.com
Preview
Filing # 179698766 E-Filed 08/15/2023 02:37:34 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2023-020202-CA-01 (CA44) Complex Business Litigation Division CODY KERNS, an individual, KERNS CAPITAL MANAGEMENT, INC., a British Virgin Islands Company, and WFTMB Holdings, LLC, a Florida Limited Liability Company, Plaintiffs, v FXWINNING, LTD., a Hong Kong Limited Company, JONATHAN LOPEZ, an individual, JULIAN KUSCHNER, an individual, DAVID MERINO, an individual, RENAN DA ROCHA GOMES BASTOS, an individual, RAFAEL BRITO CUTIE, an individual, BBRC REAL ESTATE, LLC, a Florida Limited Liability Company, Defendants. _______________________________________/ DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Defendants, Renan Da Rocha Gomes Bastos (“Bastos”) and BBRC Real Estate, LLC (“BBRC”) (collectively, the “Defendants”), through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.090(b), respectfully move for an Unopposed Motion for Extension of Time to Respond to the Complaint, and state: 1. BBRC was served with a copy of the Complaint on July 28, 2023; and is thus required to respond to the Complaint on or before August 17, 2023. See Fla. R. Civ. P. 1.140. 2. Bastos was served with a copy of the Complaint on July 31, 2023; and is thus required to respond to the Complaint on or before August 21, 2023. See Fla. R. Civ. P. 1.140. NELSON MULLINS RILEY & SCARBOROUGH | ATTORNEYS AT LAW One Biscayne Tower | 2 South Biscayne Blvd. 21st Floor Miami, FL 33131 | T: 305.373.9400 | F: 305.373.9443 | nelsonmullins.com 3. Defendants require additional time to review Plaintiffs’ allegations, evaluate same, investigate their defenses, and appropriately respond to the Complaint. 4. Defendants therefore request an extension of time to respond to the Complaint up through and including September 15, 2023. 5. This request for an extension is made in good faith, and for good cause, and is not made for any dilatory or improper purpose. CBL Rule 4.3 Notice of Compliance with Meet and Confer Requirement On August 15, 2023, counsel for Defendants conferred with counsel for Plaintiffs via e- mail. Counsel for Plaintiffs advised that Plaintiffs do not oppose the relief sought herein and have consented to the submission of an agreed order for the Court’s consideration. WHEREFORE, Defendants, Renan Da Rocha Gomes Bastos and BBRC Real Estate, LLC, respectfully request that this Court enter an Order enlarging the amount of time for Defendants to respond to Plaintiffs’ Complaint up through and including September 15, 2023, and for such other relief deemed just and proper. Dated: August 15, 2023 Respectfully submitted, NELSON MULLINS RILEY & SCARBOROUGH LLP 2 South Biscayne Blvd., 21st Floor Miami, Florida 33131 Telephone: 305.373.9436 By: /s/ Ryan K. Todd Justin B. Kaplan | Fla. Bar No. 33725 Justin.Kaplan@nelsonmullins.com Ryan K. Todd | Fla. Bar No. 91679 Ryan.Todd@nelsonmullins.com Elaine Kussurelis | Fla. Bar No. 1019234 Elaine.Kussurelis@nelsonmullins.com Counsel for Defendants, Bastos and BBRC 2 NELSON MULLINS RILEY & SCARBOROUGH | ATTORNEYS AT LAW One Biscayne Tower | 2 South Biscayne Blvd. 21st Floor Miami, FL 33131 | T: 305.373.9400 | F: 305.373.9443 | nelsonmullins.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15th day of August 2023, a true and correct copy of the foregoing was sent by e-mail via the Florida Courts eFiling Portal (pursuant to Rule 2.516, Florida Rules of Judicial Administration and Administrative Order SC13-49), to all counsel of record. /s/ Ryan K. Todd Ryan K. Todd 3 NELSON MULLINS RILEY & SCARBOROUGH | ATTORNEYS AT LAW One Biscayne Tower | 2 South Biscayne Blvd. 21st Floor Miami, FL 33131 | T: 305.373.9400 | F: 305.373.9443 | nelsonmullins.com