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Filing # 181232865 E-Filed 09/06/2023 03:17:27 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NO.: 2021-CA-008691
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A., AS TRUSTEE FOR
RESIDENTIAL ASSET MORTGAGE
PRODUCTS, INC., GMACM
MORTGAGE LOAN TRUST 2005-AR2,
Plaintiff/ Counter-Defendant,
vs.
ELIZABETH B. RICHARDS AKA ELIZABETH
RICHARDS, et al.
Defendant/ Counter-Plaintiff
ELIZABETH RICHARDS,
Cross-complainant
vs.
DEAN L. RICHARDS,
Cross-Defendant.
.
________________________________________/
PLAINTIFF’S SECOND MOTION FOR EXTENSION OF TIME TO RESPOND TO
DEFENDANT’S AMENDED COUNTERCLAIM AND AMENDED AFFIRMATIVE
DEFENSES
Plaintiff, The Bank of New York Mellon Trust Company, National Association FKA The
Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank N.A., As
Trustee for Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2005-
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 09/06/2023 03:17:27 PM
AR2 (“Plaintiff” or “Trustee”), by and through its undersigned counsel and pursuant to Fla. R.
Civ. P. 1.090(b), hereby move for an extension of time to respond to Defendant, Elizabeth
Richards (“Defendant”), Amended Counterclaim and Amended Affirmative Defenses, and in
support states as follows:
1. On or about July 28, 2023, Defendant filed her Amended Counterclaim and
Amended Affirmative Defenses. Plaintiff previously filed a Motion for Extension of Time
requesting an extension through and including September 6, 2023.
2. Plaintiff requires additional time to review the allegations and consult with
counsel in order to prepare an appropriate response. The parties are also engaged in settlement
discussions. Thus, Plaintiff requires an additional thirty (30) days in which to serve and file its
response to Defendant’s Amended Counterclaim and Amended Affirmative Defenses.
3. Plaintiff is not filing this Motion for the purpose of delay and no parties would be
prejudiced by the granting of the relief sought herein.
5. Pursuant to Fla. R. Civ. P. 1.090(b), “when an act is required or allowed to be
done at or within a specified time…the court at any time…may order the period enlarged if
request therefore is made before the expiration of the period originally prescribed.”
WHEREFORE, Plaintiff, The Bank of New York Mellon Trust Company, National
Association FKA The Bank of New York Trust Company, N.A., as Successor to JPMorgan
Chase Bank N.A., As Trustee for Residential Asset Mortgage Products, Inc., GMACM Mortgage
Loan Trust 2005-AR2, respectfully request that this Court enter an Order granting Plaintiff an
additional thirty (30) days, up through and including October 6, 2023, to respond to Defendant’s
Amended Counterclaim and Amended Affirmative Defenses, together with such other relief that
this Court deems just and appropriate.
Page 2 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing was served
September 6, 2023 via electronic means through the Florida Court’s e-filing portal to all counsel
of record, at all email addresses designated by them for service.
GREENBERG TRAURIG, P.A.
777 South Flagler Drive, Suite 300 E
West Palm Beach, FL 33401
Tel.: 561.650.7900
By: s/ Brandon S. Leon
Patrick G. Broderick, Esq., FBN 88568
broderickp@gtlaw.com
sandra.famadas@gtlaw.com
FLService@gtlaw.com
Brandon S. Leon, Esq., FBN 91525
leonb@gtlaw.com
sandra.famadas@gtlaw.com
FLService@gtlaw.com
Page 3 of 3
Preview
Filing # 181232865 E-Filed 09/06/2023 03:17:27 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2021-CA-008691 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., GMACM MORTGAGE LOAN TRUST 2005-AR2, Plaintiff/ Counter-Defendant, vs. ELIZABETH B. RICHARDS AKA ELIZABETH RICHARDS, et al. Defendant/ Counter-Plaintiff ELIZABETH RICHARDS, Cross-complainant vs. DEAN L. RICHARDS, Cross-Defendant. . ________________________________________/ PLAINTIFF’S SECOND MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT’S AMENDED COUNTERCLAIM AND AMENDED AFFIRMATIVE DEFENSES Plaintiff, The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank N.A., As Trustee for Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2005- FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 09/06/2023 03:17:27 PM AR2 (“Plaintiff” or “Trustee”), by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.090(b), hereby move for an extension of time to respond to Defendant, Elizabeth Richards (“Defendant”), Amended Counterclaim and Amended Affirmative Defenses, and in support states as follows: 1. On or about July 28, 2023, Defendant filed her Amended Counterclaim and Amended Affirmative Defenses. Plaintiff previously filed a Motion for Extension of Time requesting an extension through and including September 6, 2023. 2. Plaintiff requires additional time to review the allegations and consult with counsel in order to prepare an appropriate response. The parties are also engaged in settlement discussions. Thus, Plaintiff requires an additional thirty (30) days in which to serve and file its response to Defendant’s Amended Counterclaim and Amended Affirmative Defenses. 3. Plaintiff is not filing this Motion for the purpose of delay and no parties would be prejudiced by the granting of the relief sought herein. 5. Pursuant to Fla. R. Civ. P. 1.090(b), “when an act is required or allowed to be done at or within a specified time…the court at any time…may order the period enlarged if request therefore is made before the expiration of the period originally prescribed.” WHEREFORE, Plaintiff, The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank N.A., As Trustee for Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2005-AR2, respectfully request that this Court enter an Order granting Plaintiff an additional thirty (30) days, up through and including October 6, 2023, to respond to Defendant’s Amended Counterclaim and Amended Affirmative Defenses, together with such other relief that this Court deems just and appropriate. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing was served September 6, 2023 via electronic means through the Florida Court’s e-filing portal to all counsel of record, at all email addresses designated by them for service. GREENBERG TRAURIG, P.A. 777 South Flagler Drive, Suite 300 E West Palm Beach, FL 33401 Tel.: 561.650.7900 By: s/ Brandon S. Leon Patrick G. Broderick, Esq., FBN 88568 broderickp@gtlaw.com sandra.famadas@gtlaw.com FLService@gtlaw.com Brandon S. Leon, Esq., FBN 91525 leonb@gtlaw.com sandra.famadas@gtlaw.com FLService@gtlaw.com Page 3 of 3