Republic Bank of Chicago v Gehrisch Insurance & Financial Services, Inc. et al

Filing 40

ORDER denying as moot 27 Plaintiff's motion for extension of time to serve Defendant Gehrisch; and denying without prejudice 33 Defendant Gehrisch Insurance & Financial Services, Inc.'s "Motion to Enlarge Time to File Response&q uot;. The entity Defendants' responses to the amended complaint remain overdue, and their responses to Plaintiff's motion for the entry of a Clerk's default are due by January 20, 2022. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/11/2022. (GSK) Modified on 1/11/2022 for clarity (GSK).

Case 2:21-cv-00415-SPC-NPM Document 40 Filed 01/11/22 Page 1 of 2 PageID 220

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
REPUBLIC BANK OF CHICAGO,
Plaintiff,
v.

Case No. 2:21-cv-415-SPC-NPM

GEHRISCH INSURANCE &
FINANCIAL SERVICES, INC.,
GEHRISCH INSURANCE &
FINANCIAL SERVICES INC and
MITCHELL ARDEN GEHRISCH
Defendants.
ORDER
Before the Court is Plaintiff Republic Bank of Chicago’s motion for extension
of time to serve Defendant Mitchell Arden Gehrisch. But Gehrisch has filed an
answer and thereby waived any service-of-process defense. (Doc. 34). Thus,
Plaintiff’s motion for an extension of time to serve Gehrisch (Doc. 27) is DENIED
AS MOOT.
Also before the Court is a motion for more time to respond to the amended
complaint purportedly filed by Defendant Gehrisch Insurance & Financial Services,
Inc. Notably, the other entity defendant in this action—of the same name but without
a period after the Inc—is not referenced in the motion. And as Plaintiff correctly
argues in its pending motion for the entry of a Clerk’s default against both entities

Case 2:21-cv-00415-SPC-NPM Document 40 Filed 01/11/22 Page 2 of 2 PageID 221

(Doc. 39), an entity defendant may only appear through counsel. So, the motion
ostensibly made for the benefit of Gehrisch Insurance & Financial Services, Inc. is
improper and must be rejected. 1 Thus, Gehrisch Insurance & Financial Services,
Inc.’s “Motion to Enlarge Time to File Response” (Doc. 33) is DENIED
WITHOUT PREJUDICE.
Not only do the entity defendants’ responses to the amended complaint remain
overdue, but their responses to Plaintiff’s motion for the entry of a Clerk’s default
are due by January 20, 2022.
ORDERED in Fort Myers, Florida on January 11, 2022.

copy by postal mail:
Mitchell Arden Gehrisch
3040 Oasis Grand Blvd Apt 705, Fort Myers, FL 33916
Gehrisch Insurance & Financial Services, Inc.
3040 Oasis Grand Blvd Apt 705, Fort Myers, FL 33916
Gehrisch Insurance & Financial Services, Inc
3040 Oasis Grand Blvd Apt 705, Fort Myers, FL 33916
1

In addition, the purported movant has yet to file a Local Rule 3.03 disclosure and the
purported motion fails to comply with Local Rule 1.08. Moreover, the Court tends to strictly
enforce its motion-related conference requirements to foster communication between the parties,
narrow or resolve issues without Court involvement, and ensure that disputes are neither undernor overstated when first presented to the Court for resolution; thus, all motions must comply with
Local Rule 3.01(g).
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