On May 12, 2008 a
Petition or Motion to Extend Time 4098743 Comments: Petition/Motion to Extend Time|MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT
was filed
involving a dispute between
Gloria Alch,
and
Great Irish Pubs Florida Inc Raglan Road Irish Pub And Restaurant Dba,
for CA - Other
in the District Court of Orange County.
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
GLORIA ALCH,
Plaintiff,
v. CASE NO.: 08-CA-0011215-0
GREAT IRISH PUBS FLORIDA, INC.
d/b/a RAGLAN ROAD IRISH PUB
AND RESTAURANT,
Defendant.
/
MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT
COMES NOW, Plaintiff, GLORIA ALCH (“Plaintiff”), by and through the undersigned
counsel, and hereby files her Motion for Extension of Time to Serve Complaint pursuant to
Florida Rule of Civil Procedure 1.070(j). Plaintiff respectfully requests thirty (30) days from the
Court’s Order granting this Motion to serve the Complaint on Defendant’s new registered agent.
Plaintiff respectfully requests that the Court GRANT this Motion for the reasons stated below
which constitute good cause shown:
1. On May 5, 2008, Plaintiff through attorney Jennifer Cintron, Esq. filed the
Complaint in the above-captioned matter.
2. Attorney Cintron made arrangements to serve the Complaint on Defendant, Great
Irish Pubs of Florida, Inc. d/b/a Ragland Road Irish Pub and Restaurant.
3. After the Complaint was filed but before it was served on Defendant, this case
was transferred to undersigned counsel and the case file was forwarded from
Daytona Beach to his office in Melbourne, Florida.4. However, the process server sent a letter to prior lead counsel in Daytona Beach
after the case was transferred to undersigned counsel stating that service of
process was not accomplished because Defendant changed registered agents and
its prior agent had refused to accept service. The process server was not aware
that undersigned counsel had taken over the case.
5. Undersigned counsel was not made aware of this letter until, November 5, 2008.
6. The 120-day service of process deadline expired on September 12, 2008.
7. Therefore, the instant Motion is necessary to enable Plaintiff to serve the
Complaint.
8. Plaintiff has a 4-year statute of limitations to file her Complaint of disability
discrimination and retaliation based on her January 2007 termination.
9. Therefore, were she to re-file her Complaint, it would still be timely. However,
dismissing the Complaint to re-file same is not in the interest of judicial economy.
10. Florida Rule of Civil Procedure 1.070(j) states that if the Plaintiff shows
“excusable neglect” for her omission (as is the case here) “the court shall extend
the time for service for an appropriate period.”
WHEREFORE, Plaintiff respectfully requests this Court GRANT Plaintiff's Motion for an
additional thirty (30) days from the date of its order granting this Motion to serve the instant
Complaint on Defendant. Plaintiff has attached a Proposed Order for the Court’s convenience.Dated this 6" day of November 2008.
‘ ‘A .
Daniel A. Perez, Esquij
Florida Bat No. 426903
Bogin, Munns & Munns, P.A.
924 Garfield St.
Melbourne, Florida 32935
Tel: (321) 254-3939
Fax: (321) 254-3929
dperez@boginmunns.com
Attomey for Plaintiff
Document Filed Date
November 06, 2008
Case Filing Date
May 12, 2008
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA GLORIA ALCH, Plaintiff, v. CASE NO.: 08-CA-0011215-0 GREAT IRISH PUBS FLORIDA, INC. d/b/a RAGLAN ROAD IRISH PUB AND RESTAURANT, Defendant. / MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT COMES NOW, Plaintiff, GLORIA ALCH (“Plaintiff”), by and through the undersigned counsel, and hereby files her Motion for Extension of Time to Serve Complaint pursuant to Florida Rule of Civil Procedure 1.070(j). Plaintiff respectfully requests thirty (30) days from the Court’s Order granting this Motion to serve the Complaint on Defendant’s new registered agent. Plaintiff respectfully requests that the Court GRANT this Motion for the reasons stated below which constitute good cause shown: 1. On May 5, 2008, Plaintiff through attorney Jennifer Cintron, Esq. filed the Complaint in the above-captioned matter. 2. Attorney Cintron made arrangements to serve the Complaint on Defendant, Great Irish Pubs of Florida, Inc. d/b/a Ragland Road Irish Pub and Restaurant. 3. After the Complaint was filed but before it was served on Defendant, this case was transferred to undersigned counsel and the case file was forwarded from Daytona Beach to his office in Melbourne, Florida.4. However, the process server sent a letter to prior lead counsel in Daytona Beach after the case was transferred to undersigned counsel stating that service of process was not accomplished because Defendant changed registered agents and its prior agent had refused to accept service. The process server was not aware that undersigned counsel had taken over the case. 5. Undersigned counsel was not made aware of this letter until, November 5, 2008. 6. The 120-day service of process deadline expired on September 12, 2008. 7. Therefore, the instant Motion is necessary to enable Plaintiff to serve the Complaint. 8. Plaintiff has a 4-year statute of limitations to file her Complaint of disability discrimination and retaliation based on her January 2007 termination. 9. Therefore, were she to re-file her Complaint, it would still be timely. However, dismissing the Complaint to re-file same is not in the interest of judicial economy. 10. Florida Rule of Civil Procedure 1.070(j) states that if the Plaintiff shows “excusable neglect” for her omission (as is the case here) “the court shall extend the time for service for an appropriate period.” WHEREFORE, Plaintiff respectfully requests this Court GRANT Plaintiff's Motion for an additional thirty (30) days from the date of its order granting this Motion to serve the instant Complaint on Defendant. Plaintiff has attached a Proposed Order for the Court’s convenience.Dated this 6" day of November 2008. ‘ ‘A . Daniel A. Perez, Esquij Florida Bat No. 426903 Bogin, Munns & Munns, P.A. 924 Garfield St. Melbourne, Florida 32935 Tel: (321) 254-3939 Fax: (321) 254-3929 dperez@boginmunns.com Attomey for Plaintiff