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Filing # 74786806 E-Filed 07/11/2018 03:12:01 PM
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT IN AND
FOR ST. LUCIE COUNTY, FLORIDA
CASE NO.: 2018-CA-001071
DIVISION: (Judge Janet C. Croom)
ARMANDO PEREZ,
Plaintiff,
Vv.
ASI PREFERRED INSURANCE CORP.,
Defendant.
/
DEFENDANT, ASI PREFERRED INSURANCE CORP’S
MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT
COMES NOW Defendant, ASI PREFERRED INSURANCE CORP., (“ASI”), by and
through its undersigned counsel, and pursuant to the Florida Rules of Procedure and Local Rule
of this Court, files this, its Motion for Enlargement of Time to Respond to Plaintiff's Complaint
and states as follows:
1. The Plaintiff, ARMANDO PEREZ, (“Plaintiff”) filed a Complaint against the
Defendant purportedly seeking coverage and benefits under a homeowners insurance policy,
policy number FLP182469, for a claim of damages to the property located at 3709 SW Haines
Street, Port St. Lucie, FL 34953.
2. Pursuant to Florida Rule of Civil Procedure 1.140, the DEFENDANT, has 20 days
upon which to file a response to this pleading, which falls on Wednesday, July 11, 2018.
3. DEFENDANT is in need of additional time to serve its responsive pleading to the
Plaintiff's Complaint.
4. DEFENDANT, through its undersigned counsel requests an extension of time toadequately investigate the claims and allegations raised in the Complaint in order to properly
prepare its responses.
5. Florida Rule of Civil Procedure 1.090 (b) states in pertinent 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 therefore is made before the expiration of the period originally prescribed or as
extended by a previous order . . .
6. Accordingly, Defendant requests that this Court enlarge or otherwise toll its
requirement to respond to Plaintiff's Complaint through August 10, 2018, which should be enough
time to file a responsive pleading.
7. The Court possesses broad discretion in overseeing discovery and protecting parties
that come before the Court. See Rojas v. Ryder Truck Rental, Inc., 641 So.2d 855 (Fla. 1994).
8. Where, as here, a party has shown good cause and requests an enlargement of time
within the deadline otherwise prescribed by the Florida Rules of Civil Procedure, this Court should
grant the motion and provide an extension. F.R.C.P. Rule 1.090(b)(1).
9. This Motion is made in good faith and not for the purposes of delay.
WHEREFORE, for all of the foregoing reasons, Defendant, ASI PREFERRED
INSURANCE CORP., respectfully requests that this Court enter an Order enlarging or tolling the
time upon which it may respond to Plaintiff's Complaint and any other relief this Court deems
appropriate and just under the circumstances.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic
delivery to Kenneth R. Duboff, Esquire, Duboff Law Firm, 680 NE 127 Street, North Miami, FL
33161 via the following designated e-mail address: CourtDocument@DuboffLawFirm.com on
this 11" day of July, 2018.
MICHAELA D. SCHEIHING;ATTORNEY AT LAW
Florida Bar Number 0931853
Southeast Law Group, P.A.
1825 Business Park Blvd., Suite A
Daytona Beach, FL 32114
Office: (386) 274-1700
Attorneys for Defendant
mscheihing@southeastlaw.com
kmarye@southeastlaw.com
dfrantzman@southeastlaw.com
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Filing # 74786806 E-Filed 07/11/2018 03:12:01 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 2018-CA-001071 DIVISION: (Judge Janet C. Croom) ARMANDO PEREZ, Plaintiff, Vv. ASI PREFERRED INSURANCE CORP., Defendant. / DEFENDANT, ASI PREFERRED INSURANCE CORP’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT COMES NOW Defendant, ASI PREFERRED INSURANCE CORP., (“ASI”), by and through its undersigned counsel, and pursuant to the Florida Rules of Procedure and Local Rule of this Court, files this, its Motion for Enlargement of Time to Respond to Plaintiff's Complaint and states as follows: 1. The Plaintiff, ARMANDO PEREZ, (“Plaintiff”) filed a Complaint against the Defendant purportedly seeking coverage and benefits under a homeowners insurance policy, policy number FLP182469, for a claim of damages to the property located at 3709 SW Haines Street, Port St. Lucie, FL 34953. 2. Pursuant to Florida Rule of Civil Procedure 1.140, the DEFENDANT, has 20 days upon which to file a response to this pleading, which falls on Wednesday, July 11, 2018. 3. DEFENDANT is in need of additional time to serve its responsive pleading to the Plaintiff's Complaint. 4. DEFENDANT, through its undersigned counsel requests an extension of time toadequately investigate the claims and allegations raised in the Complaint in order to properly prepare its responses. 5. Florida Rule of Civil Procedure 1.090 (b) states in pertinent 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 therefore is made before the expiration of the period originally prescribed or as extended by a previous order . . . 6. Accordingly, Defendant requests that this Court enlarge or otherwise toll its requirement to respond to Plaintiff's Complaint through August 10, 2018, which should be enough time to file a responsive pleading. 7. The Court possesses broad discretion in overseeing discovery and protecting parties that come before the Court. See Rojas v. Ryder Truck Rental, Inc., 641 So.2d 855 (Fla. 1994). 8. Where, as here, a party has shown good cause and requests an enlargement of time within the deadline otherwise prescribed by the Florida Rules of Civil Procedure, this Court should grant the motion and provide an extension. F.R.C.P. Rule 1.090(b)(1). 9. This Motion is made in good faith and not for the purposes of delay. WHEREFORE, for all of the foregoing reasons, Defendant, ASI PREFERRED INSURANCE CORP., respectfully requests that this Court enter an Order enlarging or tolling the time upon which it may respond to Plaintiff's Complaint and any other relief this Court deems appropriate and just under the circumstances.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic delivery to Kenneth R. Duboff, Esquire, Duboff Law Firm, 680 NE 127 Street, North Miami, FL 33161 via the following designated e-mail address: CourtDocument@DuboffLawFirm.com on this 11" day of July, 2018. MICHAELA D. SCHEIHING;ATTORNEY AT LAW Florida Bar Number 0931853 Southeast Law Group, P.A. 1825 Business Park Blvd., Suite A Daytona Beach, FL 32114 Office: (386) 274-1700 Attorneys for Defendant mscheihing@southeastlaw.com kmarye@southeastlaw.com dfrantzman@southeastlaw.com