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Filing # 181615053 E-Filed 09/12/2023 12:12:04 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 RAFAEL BRITO CUTIE’S MOTION FOR ENLARGEMENT OF
TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT
NOW COMES Defendant Rafael Brito Cutie (“Cutie”), 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 to serve a response to the Complaint of Plaintiffs Cody Kerns, Kerns Capital
1
The undersigned have filed their Limited Appearance on behalf of Rafael Brito Cutie in this
cause for purpose of contesting the efficacy of service, jurisdiction, and venue and any related
hearing.
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal
Defendant’s Rafael Brito Cutie Motion for Enlargement of Time to Respond to Complaint
Case No. 2023-020202-CA-01
Page 2 of 4
Management, Inc. and WFTMB Holdings, LLC (“Plaintiffs”), and as grounds therefor, states as
follows:
1. According to the docket, on August 24, 2023, the Clerk of the Court of Miami-
Dade County issued a Summons to Rafael Brito Cutie for service via multiple emails and
WhatsApp..
2. On August 29, 2023, the Plaintiffs filed a Return of Service indicating that an email
serving Rafael Brito Cutie was sent to emails Ceo@fxwinning.net, Rafabritocu@gmail.com and
via text message to +357 95 121396 on August 25, 2023.
3. If such purported service was effective, Rafael Brito Cutie’s response to the
Complaint would be due on or before September 13, 2023.
4. This firm has just been engaged to represent Rafael Brito Cutie in this action and
requires additional time to confer with Rafael Brito Cutie in order to adequately respond to the
Complaint.
5. This firm has entered a limited notice of appearance to contest the efficacy of
service, jurisdiction, and venue.
6. Rafael Brito Cutie is filing this request for extension of time, through, and including
October 5, 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
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal
Defendant’s Rafael Brito Cutie Motion for Enlargement of Time to Respond to Complaint
Case No. 2023-020202-CA-01
Page 3 of 4
(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.
8. This request is being made for good cause shown, and no party will be prejudiced
by the relief sought herein. Accordingly, Rafael Brito Cutie requests that this Court grant this
Motion and provide Rafael Brito Cutie through and including October 5, 2023, by which to
respond to the Plaintiffs’ Complaint.
WHEREFORE, Defendant Rafael Brito Cutie respectfully requests that this Honorable
Court grant this Motion, enlarge the deadline for Rafael Brito Cutie to respond to the Complaint,
and for any further relief that this Court deems just and proper.
CERTIFICATE OF CONFERRAL
Counsel for Rafael Brito Cutie certifies that on September 11, 2023, the undersigned
counsel conferred with counsel for Plaintiffs in a good faith effort to resolve this Motion without
court intervention and were able to reach agreement.
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’s Rafael Brito Cutie 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
12th 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 # 181615053 E-Filed 09/12/2023 12:12:04 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 RAFAEL BRITO CUTIE’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT NOW COMES Defendant Rafael Brito Cutie (“Cutie”), 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 to serve a response to the Complaint of Plaintiffs Cody Kerns, Kerns Capital 1 The undersigned have filed their Limited Appearance on behalf of Rafael Brito Cutie in this cause for purpose of contesting the efficacy of service, jurisdiction, and venue and any related hearing. 2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal Defendant’s Rafael Brito Cutie Motion for Enlargement of Time to Respond to Complaint Case No. 2023-020202-CA-01 Page 2 of 4 Management, Inc. and WFTMB Holdings, LLC (“Plaintiffs”), and as grounds therefor, states as follows: 1. According to the docket, on August 24, 2023, the Clerk of the Court of Miami- Dade County issued a Summons to Rafael Brito Cutie for service via multiple emails and WhatsApp.. 2. On August 29, 2023, the Plaintiffs filed a Return of Service indicating that an email serving Rafael Brito Cutie was sent to emails Ceo@fxwinning.net, Rafabritocu@gmail.com and via text message to +357 95 121396 on August 25, 2023. 3. If such purported service was effective, Rafael Brito Cutie’s response to the Complaint would be due on or before September 13, 2023. 4. This firm has just been engaged to represent Rafael Brito Cutie in this action and requires additional time to confer with Rafael Brito Cutie in order to adequately respond to the Complaint. 5. This firm has entered a limited notice of appearance to contest the efficacy of service, jurisdiction, and venue. 6. Rafael Brito Cutie is filing this request for extension of time, through, and including October 5, 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 2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 • Tel: 305-444-3114 • service@b2b.legal Defendant’s Rafael Brito Cutie Motion for Enlargement of Time to Respond to Complaint Case No. 2023-020202-CA-01 Page 3 of 4 (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. 8. This request is being made for good cause shown, and no party will be prejudiced by the relief sought herein. Accordingly, Rafael Brito Cutie requests that this Court grant this Motion and provide Rafael Brito Cutie through and including October 5, 2023, by which to respond to the Plaintiffs’ Complaint. WHEREFORE, Defendant Rafael Brito Cutie respectfully requests that this Honorable Court grant this Motion, enlarge the deadline for Rafael Brito Cutie to respond to the Complaint, and for any further relief that this Court deems just and proper. CERTIFICATE OF CONFERRAL Counsel for Rafael Brito Cutie certifies that on September 11, 2023, the undersigned counsel conferred with counsel for Plaintiffs in a good faith effort to resolve this Motion without court intervention and were able to reach agreement. 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’s Rafael Brito Cutie 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 12th 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