On November 19, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Stephens As Personal Representative Of The Estate Of Jessie O Walker Aka Jessie M Walker Deceased, Latonya A,
and
Bivens, Curtine,
Bivens Jr, Clarence W,
for Circuit Civil
in the District Court of Lake County.
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Filing # 186837722 E-Filed 11/27/2023 11:56:27 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
LATONYA STEPHENS, as Personal
Representative of the Estate of
JESSIE O. WALKER, a/k/a JESSIE M.
WALKER, deceased, CASE NO: 2022-CA-002112
Plaintiff,
v.
CLARENCE W. BIVENS, JR. and
CURTINE BIVENS,
Defendants.
____________________________________/
MOTION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY
Plaintiff, Latonya Stephens, as Personal Representative of the Estate of Jessie O. Walker, a/k/a
Jessie M. Walker, deceased, (hereafter “Plaintiff”), by and through undersigned counsel, hereby files this
Motion for Extension of Time to Respond to Discovery and Memorandum of Law and in support thereof
states as follows:
1. Defendants Clarence W. Bivens, Jr. and Curtine Bivens, (hereafter “Defendants”), served
a Request for Production (hereafter the “Discovery Requests”) upon Plaintiff by email transmission on or
about October 27, 2023.
2. The time to provide responses to the Discovery Requests has not yet expired.
3. Plaintiff requires additional time to file proper responses to the Discovery Requests and
thereby requests that the Court enter an Order affording an additional twenty one (21) days to provide
such responses.
4. The extension of time sought by Plaintiff is not sought for the purpose of delay or to
otherwise interfere with the prosecution of this matter.
5. Additionally Defendants will certainly not be prejudiced by the extension of time sought
by Plaintiff.
Memorandum of Law
1
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/28/2023 11:05:23 AM
Florida Rules of Civil Procedure § 1.090(b) provides, in relevant part:
“(b) Enlargement. 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 (1) 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…”
In the instant matter, the time to provide responses to the Discovery Requests has not yet expired.
Accordingly, the Court may, in its discretion, grant the request of Plaintiff.
WHEREFORE, Defendants respectfully request that this Court enter an Order providing Plaintiff
with an extension of time of at least twenty-one days to respond to the Discovery Requests and provide such
further relief as the Court deems just and proper.
Respectfully submitted,
/s Joseph C. Shoemaker
JOSEPH C. SHOEMAKER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 27th day of November 2023, a true and correct copy of the
foregoing has been filed through the Florida E-Portal which will provide a copy of same via email to all
counsel of record in this matter.
/s Joseph C. Shoemaker
JOSEPH C. SHOEMAKER
Bogin, Munns & Munns, P.A.
Florida Bar No. 0319790
626 South 14th Street
Leesburg, Florida 34748
Telephone: 352-728-3773
Fax 352-728-5488
Attorney for Plaintiff
jshoemaker@boginmunns.com (email)
nschultz@boginmunns.com (secondary)
bmmservice@boginmunns.com (secondary)
2
Document Filed Date
November 27, 2023
Case Filing Date
November 19, 2022
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Filing # 186837722 E-Filed 11/27/2023 11:56:27 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA LATONYA STEPHENS, as Personal Representative of the Estate of JESSIE O. WALKER, a/k/a JESSIE M. WALKER, deceased, CASE NO: 2022-CA-002112 Plaintiff, v. CLARENCE W. BIVENS, JR. and CURTINE BIVENS, Defendants. ____________________________________/ MOTION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY Plaintiff, Latonya Stephens, as Personal Representative of the Estate of Jessie O. Walker, a/k/a Jessie M. Walker, deceased, (hereafter “Plaintiff”), by and through undersigned counsel, hereby files this Motion for Extension of Time to Respond to Discovery and Memorandum of Law and in support thereof states as follows: 1. Defendants Clarence W. Bivens, Jr. and Curtine Bivens, (hereafter “Defendants”), served a Request for Production (hereafter the “Discovery Requests”) upon Plaintiff by email transmission on or about October 27, 2023. 2. The time to provide responses to the Discovery Requests has not yet expired. 3. Plaintiff requires additional time to file proper responses to the Discovery Requests and thereby requests that the Court enter an Order affording an additional twenty one (21) days to provide such responses. 4. The extension of time sought by Plaintiff is not sought for the purpose of delay or to otherwise interfere with the prosecution of this matter. 5. Additionally Defendants will certainly not be prejudiced by the extension of time sought by Plaintiff. Memorandum of Law 1 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/28/2023 11:05:23 AM Florida Rules of Civil Procedure § 1.090(b) provides, in relevant part: “(b) Enlargement. 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 (1) 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…” In the instant matter, the time to provide responses to the Discovery Requests has not yet expired. Accordingly, the Court may, in its discretion, grant the request of Plaintiff. WHEREFORE, Defendants respectfully request that this Court enter an Order providing Plaintiff with an extension of time of at least twenty-one days to respond to the Discovery Requests and provide such further relief as the Court deems just and proper. Respectfully submitted, /s Joseph C. Shoemaker JOSEPH C. SHOEMAKER CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 27th day of November 2023, a true and correct copy of the foregoing has been filed through the Florida E-Portal which will provide a copy of same via email to all counsel of record in this matter. /s Joseph C. Shoemaker JOSEPH C. SHOEMAKER Bogin, Munns & Munns, P.A. Florida Bar No. 0319790 626 South 14th Street Leesburg, Florida 34748 Telephone: 352-728-3773 Fax 352-728-5488 Attorney for Plaintiff jshoemaker@boginmunns.com (email) nschultz@boginmunns.com (secondary) bmmservice@boginmunns.com (secondary) 2