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Filing # 187000678 E-Filed 11/29/2023 02:37:36 PM
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, an individual, et al.,
Plaintiffs,
v.
FXWINNING, LTD., et al.,
Defendants.
/
PLAINTIFFS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THEIR
RESPONSES IN OPPOSITION TO DEFENDANTS, FXWINNING, LTD., DAVID
MERINO, AND RAFAEL BRITO CUTIE’S MOTIONS TO DISMISS
Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC
(collectively, “Plaintiffs”), by and through undersigned counsel and pursuant to Florida Rule of
Civil Procedure 1.090(b), hereby move on an unopposed basis for an extension of time to file their
responses in opposition to Defendants, FXWinning, Ltd. (“FXWinning”), David Merino
(“Merino”), and Rafael Brito Cutie’s (“Brito”) (FXWinning, Merino, and Brito are collectively
referred to at times as “Defendants”), Motions to Dismiss Plaintiffs’ Amended Complaint, and in
support, state as follows:
1. On October 31, 2023, Plaintiffs filed their Amended Complaint in this action.
2. On November 20, 2023, FXWinning filed its Motion to Quash Service of Process
and to Dismiss the Amended Complaint for Lack of Personal Jurisdiction, or Alternatively, for
Failure to State a Claim [D.E. 106].
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3. On November 20, 2023, Merino filed his Motion to Quash Service of Process and
to Dismiss the Amended Complaint for Lack of Personal Jurisdiction, or Alternatively, for Failure
to State a Claim [D.E. 107].
4. On November 20, 2023, Brito filed his Motion to Quash Service of Process and to
Dismiss the Amended Complaint for Lack of Personal Jurisdiction, or Alternatively, for Failure to
State a Claim [D.E. 105].
5. 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 respective
responses in opposition to FXWinning’s, Merino’s, and Brito’s Motions to Dismiss is currently
December 1, 2023.
6. Plaintiffs require additional time to adequately prepare their respective responses
in opposition to Defendants’ three motions to dismiss.
7. Accordingly, Plaintiffs respectfully request a forty-five (45) day extension of time
through and including January 15, 2024 to file their respective responses to Defendants’ three
motions to dismiss.
8. On November 27, 2023 counsel for Plaintiffs conferred with counsel for
Defendants on the relief requested herein and is authorized to represent that Defendants do not
object to the relief requested.
9. This is Plaintiffs’ first request for an extension of time as it relates to Defendants’
motions to dismiss the Amended Complaint, is made in good faith and not for the purposes of
delay, and will not prejudice any party to this action.
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WHEREFORE, Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB
Holdings, LLC, respectfully request that this Court enter an Order granting them a forty-five (45)
extension of time, through and including January 15, 2024 to file their Response in Opposition to
FXWinning’s Motion to Dismiss Amended Complaint, their Response in Opposition to Merino’s
Motion to Dismiss Amended Complaint, and their Response in Opposition to Brito’s Motion to
Dismiss Amended Complaint, and for such other and further relief as this Court deems just and
proper.
CBL RULE 4.3 CERTIFICATE OF CONFERRAL
I HEREBY CERTIFY that on November 27, 2023 counsel for Plaintiffs conferred with
counsel for Defendants via e-mail regarding the relief requested herein. Counsel for Defendants
represented that Defendants do not object to the relief requested.
By: /s/ David M. Levine
David M. Levine, Esq.
[Signature Block and Certificate of Service to Follow]
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Dated: November 29, 2023 Respectfully submitted,
SANCHEZ FISCHER LEVINE, LLP
1200 Brickell Avenue, Suite 750
Miami, Florida 33131
Telephone: (305) 925-9947
By: /s/ David M. Levine
David M. Levine, Esq.
Florida Bar No.: 84431
Email: dlevine@sfl-law.com
Secondary: eservice@sfl-law.com
Fausto Sanchez, Esq.
Florida Bar No.: 86229
Email: fsanchez@sfl-law.com
Lauren M. Allen, Esq.
Florida Bar No.: 1018424
Email: lallen@sfl-law.com
Robert Kemper, Esq.
Florida Bar. No.: 1038549
Email: rkemper@sfl-law.com
Counsel for Plaintiffs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 29, 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 # 187000678 E-Filed 11/29/2023 02:37:36 PM 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, an individual, et al., Plaintiffs, v. FXWINNING, LTD., et al., Defendants. / PLAINTIFFS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THEIR RESPONSES IN OPPOSITION TO DEFENDANTS, FXWINNING, LTD., DAVID MERINO, AND RAFAEL BRITO CUTIE’S MOTIONS TO DISMISS Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC (collectively, “Plaintiffs”), by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.090(b), hereby move on an unopposed basis for an extension of time to file their responses in opposition to Defendants, FXWinning, Ltd. (“FXWinning”), David Merino (“Merino”), and Rafael Brito Cutie’s (“Brito”) (FXWinning, Merino, and Brito are collectively referred to at times as “Defendants”), Motions to Dismiss Plaintiffs’ Amended Complaint, and in support, state as follows: 1. On October 31, 2023, Plaintiffs filed their Amended Complaint in this action. 2. On November 20, 2023, FXWinning filed its Motion to Quash Service of Process and to Dismiss the Amended Complaint for Lack of Personal Jurisdiction, or Alternatively, for Failure to State a Claim [D.E. 106]. 1 3. On November 20, 2023, Merino filed his Motion to Quash Service of Process and to Dismiss the Amended Complaint for Lack of Personal Jurisdiction, or Alternatively, for Failure to State a Claim [D.E. 107]. 4. On November 20, 2023, Brito filed his Motion to Quash Service of Process and to Dismiss the Amended Complaint for Lack of Personal Jurisdiction, or Alternatively, for Failure to State a Claim [D.E. 105]. 5. 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 respective responses in opposition to FXWinning’s, Merino’s, and Brito’s Motions to Dismiss is currently December 1, 2023. 6. Plaintiffs require additional time to adequately prepare their respective responses in opposition to Defendants’ three motions to dismiss. 7. Accordingly, Plaintiffs respectfully request a forty-five (45) day extension of time through and including January 15, 2024 to file their respective responses to Defendants’ three motions to dismiss. 8. On November 27, 2023 counsel for Plaintiffs conferred with counsel for Defendants on the relief requested herein and is authorized to represent that Defendants do not object to the relief requested. 9. This is Plaintiffs’ first request for an extension of time as it relates to Defendants’ motions to dismiss the Amended Complaint, is made in good faith and not for the purposes of delay, and will not prejudice any party to this action. 2 WHEREFORE, Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC, respectfully request that this Court enter an Order granting them a forty-five (45) extension of time, through and including January 15, 2024 to file their Response in Opposition to FXWinning’s Motion to Dismiss Amended Complaint, their Response in Opposition to Merino’s Motion to Dismiss Amended Complaint, and their Response in Opposition to Brito’s Motion to Dismiss Amended Complaint, and for such other and further relief as this Court deems just and proper. CBL RULE 4.3 CERTIFICATE OF CONFERRAL I HEREBY CERTIFY that on November 27, 2023 counsel for Plaintiffs conferred with counsel for Defendants via e-mail regarding the relief requested herein. Counsel for Defendants represented that Defendants do not object to the relief requested. By: /s/ David M. Levine David M. Levine, Esq. [Signature Block and Certificate of Service to Follow] 3 Dated: November 29, 2023 Respectfully submitted, SANCHEZ FISCHER LEVINE, LLP 1200 Brickell Avenue, Suite 750 Miami, Florida 33131 Telephone: (305) 925-9947 By: /s/ David M. Levine David M. Levine, Esq. Florida Bar No.: 84431 Email: dlevine@sfl-law.com Secondary: eservice@sfl-law.com Fausto Sanchez, Esq. Florida Bar No.: 86229 Email: fsanchez@sfl-law.com Lauren M. Allen, Esq. Florida Bar No.: 1018424 Email: lallen@sfl-law.com Robert Kemper, Esq. Florida Bar. No.: 1038549 Email: rkemper@sfl-law.com Counsel for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 29, 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. 4