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Filing # 181250088 E-Filed 09/06/2023 04:50:42 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CODY KERNS, an individual, KERNS CAPITAL
MANAGEMENT, INC., a British Virgin Islands
CASE NO.: 2023-020202-CA-01
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.
DEFENDANT DAVID MERINO’S MOTION FOR ENLARGEMENT OF
TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT
NOW COMES Defendant David Merino (“Merino”), by and through undersigned
counsel 1, and pursuant to Florida Rule of Civil Procedure 1.090(b)(1), hereby files this Motion for
Enlargement of Time within which to serve a response to the Complaint of Plaintiffs Cody Kerns,
Kerns Capital Management, Inc. and WFTMB Holdings, LLC (“Plaintiffs”), and as grounds
therefor, states as follows:
1
The undersigned counsel have filed their Limited Appearance in this case to contest the efficacy of service,
jurisdiction, and venue, and for any related hearing.
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal
Defendant Merino’s Motion for Enlargement of Time to Respond to Complaint
Case No. 2023-020202-CA-01
Page 2 of 4
1. According to the docket in this action, on August 14, 2023, the Clerk of the Court
of Miami-Dade County issued a Summons to David Merino for service via email and text
message.
2. On August 24, 2023, the Plaintiffs filed a Return of Service indicating that service
by email had been made on Defendant Merino, via an email and via WhatsApp Messaging on
August 16, 2023.
3. If such purported service was effective, then Mr. Merino’s response to the
Complaint would be due on or before September 5, 2023.
4. This firm has just been engaged to represent Mr. Merino in this action. As such, the
undersigned requires additional time to confer with Mr. Merino to be able to adequately respond
to the Complaint.
5. This firm has entered a limited notice of appearance to challenge the efficacy of
service, jurisdiction, and venue.
6. Mr. Merino is filing this request for thirty (30) days extension of time, to, through,
and including October 11, 2023, within which to respond to the Complaint.
7. Florida Rule of Civil Procedure 1.090(b)(1) provides, in relevant part, as follows:
In General. 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;
(A) 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
(B) 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.
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal
Defendant Merino’s Motion for Enlargement of Time to Respond to Complaint
Case No. 2023-020202-CA-01
Page 3 of 4
8. This request is being made for good cause shown and no party will be prejudiced
by the relief sought herein. Accordingly, Mr. Merino requests that this Court grant this Motion and
provide him until, through, and including October 5, 2023, by which to respond to the Plaintiffs’
Complaint.
WHEREFORE, Defendant David Merino, respectfully requests that this Honorable Court
grant this Motion, enlarge the deadline for David Merino to respond to the Complaint, and for any
further relief that this Court deems just and proper.
CERTIFICATE OF CONFERRAL
Counsel for Mr. Merino certifies that on September 5, 2023, the undersigned counsel
conferred with counsel for Plaintiffs in a good faith effort to resolve this Motion without court
intervention. Counsel for Plaintiffs have agreed to this motion on the condition that there are no
further requests for such an extension.
Respectfully submitted,
BARAKAT + BOSSA
2701 Ponce de Leon Blvd., Suite 202
Coral Gables, Florida 33134
Tel (305)444-3114
BY: S/BRIAN BARAKAT
BRIAN BARAKAT
FLORIDA BAR NUMBER 457220
barakat@b2b.legal
service@b2b.legal
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal
Defendant Merino’s Motion for Enlargement of Time to Respond to Complaint
Case No. 2023-020202-CA-01
Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed and served upon all counsel of record
via the Court’s e-Filing Portal, in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.516, on this
6th day of September 2023.
BY: S/BRIAN BARAKAT
BRIAN BARAKAT
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal
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Filing # 181250088 E-Filed 09/06/2023 04:50:42 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CODY KERNS, an individual, KERNS CAPITAL MANAGEMENT, INC., a British Virgin Islands CASE NO.: 2023-020202-CA-01 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. DEFENDANT DAVID MERINO’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT NOW COMES Defendant David Merino (“Merino”), by and through undersigned counsel 1, and pursuant to Florida Rule of Civil Procedure 1.090(b)(1), hereby files this Motion for Enlargement of Time within which to serve a response to the Complaint of Plaintiffs Cody Kerns, Kerns Capital Management, Inc. and WFTMB Holdings, LLC (“Plaintiffs”), and as grounds therefor, states as follows: 1 The undersigned counsel have filed their Limited Appearance in this case to contest the efficacy of service, jurisdiction, and venue, and for any related hearing. 2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal Defendant Merino’s Motion for Enlargement of Time to Respond to Complaint Case No. 2023-020202-CA-01 Page 2 of 4 1. According to the docket in this action, on August 14, 2023, the Clerk of the Court of Miami-Dade County issued a Summons to David Merino for service via email and text message. 2. On August 24, 2023, the Plaintiffs filed a Return of Service indicating that service by email had been made on Defendant Merino, via an email and via WhatsApp Messaging on August 16, 2023. 3. If such purported service was effective, then Mr. Merino’s response to the Complaint would be due on or before September 5, 2023. 4. This firm has just been engaged to represent Mr. Merino in this action. As such, the undersigned requires additional time to confer with Mr. Merino to be able to adequately respond to the Complaint. 5. This firm has entered a limited notice of appearance to challenge the efficacy of service, jurisdiction, and venue. 6. Mr. Merino is filing this request for thirty (30) days extension of time, to, through, and including October 11, 2023, within which to respond to the Complaint. 7. Florida Rule of Civil Procedure 1.090(b)(1) provides, in relevant part, as follows: In General. 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; (A) 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 (B) 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. 2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal Defendant Merino’s Motion for Enlargement of Time to Respond to Complaint Case No. 2023-020202-CA-01 Page 3 of 4 8. This request is being made for good cause shown and no party will be prejudiced by the relief sought herein. Accordingly, Mr. Merino requests that this Court grant this Motion and provide him until, through, and including October 5, 2023, by which to respond to the Plaintiffs’ Complaint. WHEREFORE, Defendant David Merino, respectfully requests that this Honorable Court grant this Motion, enlarge the deadline for David Merino to respond to the Complaint, and for any further relief that this Court deems just and proper. CERTIFICATE OF CONFERRAL Counsel for Mr. Merino certifies that on September 5, 2023, the undersigned counsel conferred with counsel for Plaintiffs in a good faith effort to resolve this Motion without court intervention. Counsel for Plaintiffs have agreed to this motion on the condition that there are no further requests for such an extension. Respectfully submitted, BARAKAT + BOSSA 2701 Ponce de Leon Blvd., Suite 202 Coral Gables, Florida 33134 Tel (305)444-3114 BY: S/BRIAN BARAKAT BRIAN BARAKAT FLORIDA BAR NUMBER 457220 barakat@b2b.legal service@b2b.legal 2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal Defendant Merino’s Motion for Enlargement of Time to Respond to Complaint Case No. 2023-020202-CA-01 Page 4 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed and served upon all counsel of record via the Court’s e-Filing Portal, in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.516, on this 6th day of September 2023. BY: S/BRIAN BARAKAT BRIAN BARAKAT 2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal