Adelman et al v. Boy Scouts of America et al

Filing 266

Plaintiff's MOTION for Extension of Time to file Plaintiffs' Reply to Schmidt's Second Response to Plaintiffs' Motion to Compel Emails by Howard Adelman, Judith Sclawy-Adelman. Responses due by 8/22/2011 (Peltz, Robert)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 10-CV-22236-ASG/GOODMAN
HOWARD ADELMAN AND JUDITH SCLAWY
as Co-Personal Representatives of the
ESTATE OF MICHAEL SCLAWY-ADELMAN,
Plaintiffs,
v.
BOY SCOUTS OF AMERICA;
THE SOUTH FLORIDA COUNCIL INC.,
BOY SCOUTS OF AMERICA; PLANTATION
UNITED METHODIST CHURCH; HOWARD
K. CROMPTON, Individually, and
ANDREW L. SCHMIDT, Individually,
Defendants.
/
AGREED MOTION FOR EXTENSION OF TIME TO FILE PLAINTIFFS’ REPLY TO
SCHMIDT’S SECOND RESPONSE TO PLAINTIFFS’ MOTION TO COMPEL EMAILS
COME NOW, the Plaintiffs, HOWARD ADELMAN AND JUDITH SCLAWY as CoPersonal Representatives of the ESTATE OF MICHAEL SCLAWY-ADELMAN, by and through
their undersigned attorneys and move this Honorable Court for the entry of an extension of time in
which to file their Reply to the Defendant Schmidt’s Second Response to the Plaintiffs’ Motion to
Compel Emails and would respectfully show the Court as follows:
1.

On July 14, 2011, this Honorable Court conducted a hearing on the Plaintiffs’ Motion

to Compel Production of Emails identified in the Defendant Schmidt’s Privilege Log and provided
the Defendant Schmidt with an opportunity to file a second response to the Plaintiffs’ Motion.
2.

Although the Court initially provided the Defendant with one week in which to file

its second response, the Defendant thereafter moved for an extension of time, which was granted by
the Court without objection by the Plaintiffs. As a result, the time for the filing of the Defendant’s
Second Response was extended to Friday, July 29.
3.

The Defendant filed its second response on July 29, 2011 after the close of normal

business hours and accordingly, the Plaintiff did not receive a copy of the pleading until the
following Monday, August 1. During the ensuing five days in which the Plaintiffs has had to prepare
its Reply, two have been (or will be) taken up by depositions in this case.
4.

In light of the length of the Defendant’s Second Response (26 pages) and the fact that

undersigned counsel’s secretary will be on vacation during a portion of this time, the Plaintiffs
request that this Honorable Court grant an additional week, until August 12, 2011, in which to file
their Reply.
5.

Undersigned counsel has conferred with counsel for the Defendant who has

graciously agreed to the request for an extension.
WHEREFORE, the Plaintiffs move this Honorable Court for the entry of an order extending
the time for the Plaintiffs’ Reply to the Defendants Schmidt’s Second Response to Plaintiffs’ Motion
to Compel Production of Emails until Friday, August 12, 2011.
Dated: August 3, 2011.
Respectfully submitted,
/s/ Robert D. Peltz
ROBERT D. PELTZ (Fla. Bar No. 220418)
E-mail: [e-mail]
LEESFIELD & PARTNERS, P.A.
2350 S. Dixie Highway
Miami, Florida 33133
Telephone:
[phone]
Facsimile:
[phone]
Counsel for Plaintiffs

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 3, 2011, I electronically filed the foregoing document
with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being
served this day on all counsel of record identified on the attached Service List in the manner
specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some
other authorized manner for those counsel or parties who are not authorized to receive electronically
Notices of Electronic Filing.

/s/ Robert D. Peltz
ROBERT D. PELTZ

SERVICE LIST
IRA H. LEESFIELD
ROBERT D. PELTZ
E-mail: [e-mail]
[e-mail]
LEESFIELD & PARTNERS, P.A.
2350 S. Dixie Highway
Miami, Florida 33133
Telephone: [phone]
Facsimile: 305-854-8266
Attorneys for the Plaintiffs
FREDERICK E. HASTY, III
Email:
[e-mail]
WICKER, SMITH , O’HARA , MCCOY , GRAHAM
& FORD , P.A.
2800 Ponce de Leon Blvd.
Suite 800
Coral Gables, Florida 33134
Telephone: [phone]
Facsimile: 305-441-1745
Attorneys for Howard K. Crompton and
Andrew L. Schmidt
UBALDO J. PEREZ, JR., ESQ.
Email: [e-mail]
Law Office of Ubaldo J. Perez, Jr., P.A.
8181 NW 154th Street, Suite 210
Miami Lakes, FL 33016
Telephone: [phone]
Facsimile: [phone]
Co-Counsel for Howard K. Crompton

WILLIAM S. REESE
WILLIAM SUMMERS
KEVIN D. FRANZ
Email: [e-mail]
[e-mail]
[e-mail]
LANE , REESE , SUMMERS, ENNIS &
PERDOMO , P.A.
2600 Douglas Road
Douglas Centre, Suite 304
Coral Gables, Florida 33134
Telephone: [phone]
Facsimile: 305-444-5504
Attorneys for Boys Scouts of America and
The South Florida Council, Inc.; Boy Scouts
of America
GREG M. GAEBE
Email: [e-mail]
GAEBE , MULLEN , ANTONELLI & DIMATTEO
420 South Dixie Highway, 3rd Floor
Coral Gables, FL 33146
305-667-0223
305-284-9844 – Fax
Attorneys for Plantation United Methodist
Church