CS Business Systems, Inc. et al v. Schar et al

Filing 107

ORDER granting #89 the Motion to extend time. Plaintiffs may move to certify a class on or before August 4, 2017. Signed by Magistrate Judge Philip R. Lammens on 6/30/2017. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CS BUSINESS SYSTEMS, INC., JAMES
L. SHELTON, VIRGINIA L. SHELTON,
BRAD HECKENBERG, LANA C.
HECKENBERG, PJS RENTAL, LLC,
WON Y. SHIN TRUST, WON Y. SHIN,
BART SUTHERIN and KATHRYN
SUTHERIN,
a
foreign
for-profit
corporation
Plaintiffs,
v.

Case No: 5:17-cv-86-Oc-PGBPRL

DWIGHT C. SCHAR, PAUL E.
SIMONSON,
DCS
INVESTMENTS
HOLDINGS GP, LLC, DCS REAL
ESTATE INVESTMENTS, LLC, DCS
REAL ESTATE INVESTMENTS I, LLC,
DCS REAL ESTATE INVESTMENTS II,
LLC,
DCS
REAL
ESTATE
INVESTMENTS III, LLC, DCS REAL
ESTATE INVESTMENTS IV, LLC, DCS
REAL ESTATE INVESTMENTS IV-A,
LLC,
DCS
REAL
ESTATE
INVESTMENTS V, LLC, BELLA
COLLINA
PROPERTY
OWNERS
ASSOC., INC., DAVID BURMAN,
AEGIS COMMUNITY MANAGEMENT
SOLUTIONS, INC., RANDALL F.
GREENE, KEITH CLARKE, PAUL
LEBREUX, RICHARD C. ARRIGHI,
JAMES D. RYAN, MICHAEL J. RYAN,
THE RYAN LAW GROUP, LLC,
CULLEN D’AMBROSIO, ROCKING
RED H, LLC, RICKY L. SCHARICH and
BELLA COLLINA TOWERS, LLC
Defendants.

ORDER
Before the Court is Plaintiffs’ motion for a sixty-day extension for class certification.
(Doc. 89). The original deadline, under the applicable local rule, was June 2. See Local Rule
4.04(b) (“Within ninety (90) days following the filing of the initial complaint in such an action,
unless the time is extended by the Court for cause shown, the named plaintiff or plaintiffs shall
move for a determination under Rule 23(c)(1) as to whether the case is to be maintained as a class
action.”).
A large group of Defendants, but not all, have replied with no objection to the extension
(although they note Plaintiffs’ failure under Local Rule 3.01(g)). (Doc. 91). The time for
contesting this relief, however, has now passed. Accordingly, upon due consideration, Plaintiffs’
(Doc. 89) motion is GRANTED. The new deadline for Plaintiffs to move to certify a class is on
or before August 4, 2017.
DONE and ORDERED in Ocala, Florida on June 30, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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