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)

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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 -2-

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