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Filing # 186668710 E-Filed 11/22/2023 10:28:25 AM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2023-020202-CA-01
CODY KERNS, et al.,
Plaintiffs,
v.
FXWINNING, LTD., et al.,
Defendants.
/
PLAINTIFFS AND DEFENDANTS, RENAN DA ROCHA GOMES BASTOS AND BBRC
REAL ESTATE, LLC’s, JOINT MOTION FOR EXTENDED BRIEFING SCHEDULE
Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC
(collectively, “Plaintiffs”), and Defendants, Renan da Rocha Gomes Bastos and BBRC Real Estate,
LLC (collectively, “Defendants”), by and through their undersigned counsel, and pursuant to
Florida Rule of Civil Procedure 1.090(b), hereby file this Joint Motion for Extended Briefing
Schedule, and state:
1. On October 31, 2023, Plaintiffs filed their Amended Complaint.
2. On November 17, 2023, Defendants filed their Motion to Dismiss Amended
Complaint.
3. Pursuant to this Court’s September 3, 2023 Notice and Order of Adherence to
Complex Business Litigation Section Procedures, Motion and Memorandum Practice, Provisions
on Hearings and Mandatory Conferral Requirements, Plaintiffs’ deadline to file their response in
opposition to Defendants’ Motion to Dismiss Amended Complaint is November 27, 2023.
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4. Thereafter, Defendants’ deadline to file their Reply in Support of the Motion to
Dismiss Amended Complaint will be December 4, 2023.
5. Due to the press of other matters and Plaintiffs’ counsel’s planned travel for the
Thanksgiving holiday, Plaintiffs and Defendants require additional time to file their respective
briefs related to Defendants’ Motion to Dismiss Amended Complaint.
6. Accordingly, Plaintiffs and Defendants jointly request that the Court enter an Order
setting a briefing schedule that extends Plaintiffs’ deadline to file their Response in Opposition to
Defendants’ Motion to Dismiss Amended Complaint through and including December 14, 2023,
and extending Defendants’ deadline to file their Reply in Support of the Motion to Dismiss
Amended Complaint through and including January 5, 2024.
7. This request is made on a joint basis, is made in good faith, and will not prejudice
any party to this action.
WHEREFORE, Plaintiffs Cody Kerns, Kerns Capital Management, Inc., and WFTMB
Holdings, LLC, and Defendants Renan da Rocha Gomes Bastos and BBRC Real Estate, LLC,
respectfully request that this Court enter an Order setting a briefing schedule that extends Plaintiffs’
deadline to file their Response in Opposition to Defendants’ Motion to Dismiss Amended
Complaint through and including December 14, 2023 and extending Defendants’ deadline to file
their Reply in Support of the Motion to Dismiss Amended Complaint through and including
January 5, 2024, and for such other and further relief as this Court deems just and proper.
[Signature Blocks, Certificate of Conferral, and Certificate of Service to Follow]
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Dated: November 22, 2023 Respectfully submitted,
NELSON MULLINS RILEY SANCHEZ FISCHER LEVINE, LLP
& SCARBOROUGH LLP 1200 Brickell Avenue, Suite 750
2 South Biscayne Blvd., 21st Floor Miami, Florida 33133
Miami, Florida 33131 Telephone: (305) 925-9947
Telephone: 305.373.9436
By: /s/ Ryan K. Todd By: /s/ David M. Levine
Justin B. Kaplan David M. Levine, Esq.
Fla. Bar. No. 33725 Florida Bar No.: 84431
Justin.Kaplan@nelsonmullins.com Email: dlevine@sfl-law.com
Ryan K. Todd Secondary: eservice@sfl-law.com
Fla. Bar No. 91679 Fausto Sanchez, Esq.
Ryan.Todd@nelsonmullins.com Florida Bar No.: 86229
Elaine Kussurelis Email: fsanchez@sfl-law.com
Fla. Bar No. 1019234 Lauren M. Allen, Esq.
Elaine.Kussurelis@nelsonmullins.com Florida Bar No.: 1018424
Email: lallen@sfl-law.com
Counsel for Defendants Renan da Rocha Robert Kemper, Esq.
Gomes Bastos and BBRC Real Estate, LLC Florida Bar. No.: 1038549
Email: rkemper@sfl-law.com
Counsel for Plaintiffs
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CBL RULE 4.3 CERTIFICATE OF CONFERRAL
I HEREBY CERTIFY that on November 21, 2023 counsel for Plaintiffs conferred with
counsel for Defendants via e-mail regarding the relief requested herein and that Plaintiffs and
Defendants agree to the relief and request it on a joint basis.
By: /s/ David M. Levine
David M. Levine, Esq.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 22, 2023, a true and correct copy of the foregoing
was filed with the Clerk of the Court and served on all counsel of record via the Florida Courts
eFiling Portal.
By: /s/ David M. Levine
David M. Levine, Esq.
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Filing # 186668710 E-Filed 11/22/2023 10:28:25 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2023-020202-CA-01 CODY KERNS, et al., Plaintiffs, v. FXWINNING, LTD., et al., Defendants. / PLAINTIFFS AND DEFENDANTS, RENAN DA ROCHA GOMES BASTOS AND BBRC REAL ESTATE, LLC’s, JOINT MOTION FOR EXTENDED BRIEFING SCHEDULE Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC (collectively, “Plaintiffs”), and Defendants, Renan da Rocha Gomes Bastos and BBRC Real Estate, LLC (collectively, “Defendants”), by and through their undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.090(b), hereby file this Joint Motion for Extended Briefing Schedule, and state: 1. On October 31, 2023, Plaintiffs filed their Amended Complaint. 2. On November 17, 2023, Defendants filed their Motion to Dismiss Amended Complaint. 3. Pursuant to this Court’s September 3, 2023 Notice and Order of Adherence to Complex Business Litigation Section Procedures, Motion and Memorandum Practice, Provisions on Hearings and Mandatory Conferral Requirements, Plaintiffs’ deadline to file their response in opposition to Defendants’ Motion to Dismiss Amended Complaint is November 27, 2023. 1 4. Thereafter, Defendants’ deadline to file their Reply in Support of the Motion to Dismiss Amended Complaint will be December 4, 2023. 5. Due to the press of other matters and Plaintiffs’ counsel’s planned travel for the Thanksgiving holiday, Plaintiffs and Defendants require additional time to file their respective briefs related to Defendants’ Motion to Dismiss Amended Complaint. 6. Accordingly, Plaintiffs and Defendants jointly request that the Court enter an Order setting a briefing schedule that extends Plaintiffs’ deadline to file their Response in Opposition to Defendants’ Motion to Dismiss Amended Complaint through and including December 14, 2023, and extending Defendants’ deadline to file their Reply in Support of the Motion to Dismiss Amended Complaint through and including January 5, 2024. 7. This request is made on a joint basis, is made in good faith, and will not prejudice any party to this action. WHEREFORE, Plaintiffs Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC, and Defendants Renan da Rocha Gomes Bastos and BBRC Real Estate, LLC, respectfully request that this Court enter an Order setting a briefing schedule that extends Plaintiffs’ deadline to file their Response in Opposition to Defendants’ Motion to Dismiss Amended Complaint through and including December 14, 2023 and extending Defendants’ deadline to file their Reply in Support of the Motion to Dismiss Amended Complaint through and including January 5, 2024, and for such other and further relief as this Court deems just and proper. [Signature Blocks, Certificate of Conferral, and Certificate of Service to Follow] 2 Dated: November 22, 2023 Respectfully submitted, NELSON MULLINS RILEY SANCHEZ FISCHER LEVINE, LLP & SCARBOROUGH LLP 1200 Brickell Avenue, Suite 750 2 South Biscayne Blvd., 21st Floor Miami, Florida 33133 Miami, Florida 33131 Telephone: (305) 925-9947 Telephone: 305.373.9436 By: /s/ Ryan K. Todd By: /s/ David M. Levine Justin B. Kaplan David M. Levine, Esq. Fla. Bar. No. 33725 Florida Bar No.: 84431 Justin.Kaplan@nelsonmullins.com Email: dlevine@sfl-law.com Ryan K. Todd Secondary: eservice@sfl-law.com Fla. Bar No. 91679 Fausto Sanchez, Esq. Ryan.Todd@nelsonmullins.com Florida Bar No.: 86229 Elaine Kussurelis Email: fsanchez@sfl-law.com Fla. Bar No. 1019234 Lauren M. Allen, Esq. Elaine.Kussurelis@nelsonmullins.com Florida Bar No.: 1018424 Email: lallen@sfl-law.com Counsel for Defendants Renan da Rocha Robert Kemper, Esq. Gomes Bastos and BBRC Real Estate, LLC Florida Bar. No.: 1038549 Email: rkemper@sfl-law.com Counsel for Plaintiffs 3 CBL RULE 4.3 CERTIFICATE OF CONFERRAL I HEREBY CERTIFY that on November 21, 2023 counsel for Plaintiffs conferred with counsel for Defendants via e-mail regarding the relief requested herein and that Plaintiffs and Defendants agree to the relief and request it on a joint basis. By: /s/ David M. Levine David M. Levine, Esq. 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 22, 2023, a true and correct copy of the foregoing was filed with the Clerk of the Court and served on all counsel of record via the Florida Courts eFiling Portal. By: /s/ David M. Levine David M. Levine, Esq. 5