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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR EXTENSION

Plaintiff, [plfName], on this [D] day of [MMM] [YYYY], respectfully asks this Honorable Court to deny “Defendant’s Motion for Extension of Time…” (hereinafter “That Motion”).

Key Points:

Grounds	[point001Headline]

Points	[point002Headline]

Table of Contents:

Context	2nd Page
Response	3rd Page
Certificates	13th Page
Exhibits	15th Page
Affidavit	33rd Page

Background:	[background]

Problem:	[problem]

Request:	This Court denies Defendant’s request

Rule 1 | Fed. R. Civ. P. | Scope and Purpose

“[these Rules of Civil Procedure] should be construed… to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Rule 1.01 | USFLMD Local Rules | Purpose, Scope and Definitions

“(a) PURPOSE. These rules advance efficiency, consistency, convenience, and other interests of justice.”

Precedence

2:18-mc-00005-SPC-CM	- USFLMD (4/19/18)

2:19-cv-00109-SPC-NPM	- USFLMD (9/9/20)

2:20-cv-00746-SPC-NPM	- USFLMD (4/6/21)

3:19-cv-00915-MMH-PDB	- USFLMD (8/31/20)

8:14-cv-00120-VMC-TGW	- USFLMD (7/23/18)

8:20-cv-02667-KKM-AEP	- USFLMD (1/13/21)

USFLMD recently denied motions for extensions of time

Abbreviations

4DCA	-	Florida’s Fourth District Court of Appeal
DOAH	-	Division of Administrative Hearings
FCHR	-	Florida Commission on Human Relations
FS	-	Florida Statute
USFLMD	-	US District Court, Florida, Middle District

RESPONSE

Pertinent History

[fact001]

[fact002]

[fact003]

[fact004]

[fact005]

[fact006]

[fact007]

[fact008]

[fact009]

Direct Rebuttal

[fact010]

[fact011]

[fact012]

[fact013]

[fact014]

[fact015]

Argument Against an Extension of Time

This Honorable Court should deny That Motion because Defendant failed to show good cause.

In Noftz v Holiday CVS, 6:17-cv-1638 this USFLMD explained that extension requests must show good cause:

“The burden of establishing good cause / diligence rests squarely on the party seeking relief from the scheduling order.”

Noftz v Holiday CVS, 6:17-cv-1638 (USFLMD; 7/2/18)

In US v Hilton, 3:13-cr-30-MMH, USFLMD also explained that movants must satisfy this burden with evidence (highlights added):

“Although Hilton alleges that he has various medical conditions (or takes medication for various conditions), he has failed to produce any documentation to verify these claims. The lack of supporting evidence matters...

But even assuming the truth of Hilton’s allegations, he still has not established extraordinary and compelling reasons. None of the medical conditions that Hilton points to – hypothyroidism, enlarged prostate, high cholesterol, etc. – has been identified by the Centers for Disease Control (CDC) as a risk factor for severe illness from Covid-19…

1. Defendant Ervin Hilton’s Motion for Extension of Time (Doc. 89) is DENIED AS MOOT.”

US v Hilton, 3:13-cr-00030-MMH-PDF (USFLMD; 7/24/20)

In Fleming v Fleming, 710 So. 2d 601, 603 (Fla. 4th DCA 1998), Florida’s Fourth District Court of Appeals established the standard of review for an extension request (highlights added):

“Factors to be considered in determining whether the trial court abused its discretion in denying the motion for continuance include whether the denial of the continuance creates an injustice for the movant; whether the cause of the request for continuance was unforeseeable by the movant and not the result of dilatory practices; and whether the opposing party would suffer any prejudice or inconvenience as a result of a continuance.”

Fleming v Fleming, 710 So. 2d 601 (Fla. 4th DCA 1998)

In short, there are three factors for this Court to consider:

Injustice to Defendant (upon denial);

Unforeseeable need for continuance; and

Prejudice to Plaintiff

In the instant case, each factor falls against Defendant’s request.

[arg001]

[arg002]

[arg003]

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Honorable Court to deny “Defendant’s Motion for Extension of Time…” (ie ‘That Motion’).

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Century Schoolbook 13-point font (contents); thus complying with the font requirements of Local Rule 1.08.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. A notice – via CM/ECF – will be sent to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Responses/Extension.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

EXHIBIT A

{subTitleA}

AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR EXTENSION OF TIME

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Federal Rules of Civil Procedure, the Local Rules of Court (USFLMD), USFLMD’s Discovery handbook, and many other rules & regulations pertinent to civil litigation in federal court.

Facts

[fact001]

[fact002]

[fact003]

[fact004]

[fact005]

[fact006]

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA	[M]/[D]/[YYYY]
[plfName], Plaintiff

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