Stelor Productions, v. Silvers

Filing 112

UNOPPOSED MOTION by Steven A. Silvers to extend time to serve objections to Magistrate's Reprot and Recommendation (rb, Deputy Clerk)

Case 9:05-cv-80393-DTKH

Document 112

Entered on FLSD Docket 07/25/2006

Page 1 of 3

UNITED STATES DISTRICT COUR T FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO . 05-80393-CIV - HURLEY/HOPKIN S STELOR PRODUCTIONS, LLC f/k/a Stelor Productions, Inc . Plaintiff C
V. STEVEN A . SILVERS ,

Defendant .

DEFENDANT ' S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO SERVE OBJECTIONS TO MAGISTRATE ' S REPORT AND RECOMMENDATIO N
Defend ant , Steven A . Silvers, files this UNOPPOSED MOTION FOR ENLARGEMENT OF TIME To SERVE OBJECTIONS To MAGISTRATE ' S REPORT AND RECOMMENDATION . Defend ant states as follows : In support thereof,

1 . On July 18 , 2006 , Defend ant received the Magistrate's 37-page Repo rt and Recommendation (the "Repo rt"), which makes a recommendation for this Cou rt to deny : (a) Defendant ' s Verified Motion for Attorneys ' Fees and Expenses , and Rule 11 Sanctions ("Motion for Fees"), and (b ) Defendant ' s Bill of Costs. Both the Motion for Fees an d Bill of Costs were filed on November 2, 2005 ( DE 82 and 83). 2 . Defendant currently must se rv e any objections to the Report by July 31, 2006 .' Defend ant is requesting an ten day enlargement of time until August 10, 2006 .

I Fed. R. Civ . P . 6(a) provides that any period of less than 11 days shall not include Saturdays , Sundays, or legal holidays in the calculation .

DIMOND KAPLAN & ROTHSTEIN , P .A ., 200 S .E . 1ST STREET, SUITE 708, MIAMI, FL 33131 · TEL . (305) 374 - 1920 FAX [phone]

Case 9:05-cv-80393-DTKH

Document 112

Entered on FLSD Docket 07/25/2006

Page 2 of 3

3 . Because of the undersigned's schedule, including existing briefing deadlines and hearings, and the voluminous issues raised in the Report, the undersigned seeks a brief enlargement of time in order to present the Court with any objections . Moreover, the parties are actively engaging in settlement discussions of their overall dispute before this Court and their related case before Judge Ryskamp (Case No. 05-80393) . Permitting this brief enlargement of time will allow the parties' counsel to focus on these settlement discussions in lieu of preparing, or responding to, written objections to the Report . 4 . The undersigned certifies that he has conferred in good faith with Plaintiff's counsel, who agrees to the enlargement of time . The parties also have agreed, pending the Court's permission, that Plaintiff would have until August 25, 2006 to serve a response to Defendant's objections . 5 . No party will be prejudiced by this Court's grant of the requested brief enlargement of time, nor is it made for purposes of delay . 6 . Federal Rule of Civil Procedure 6(b)(1) allows for an enlargement of time for "cause shown," and Defendant submits he has met that burden . WHEREFORE, Plaintiffs respectfully request that this Court enter an order providing : (a) Defendant with an enlargement of time until August 10, 2006 to serve objections to the Report ; and (b) permitting Plaintiff to serve a response to Defendant's objections by August 25, 2006 .

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DIMOND KAPLAN & ROTHSTEIN, P .A ., 200 S .E . 1ST STREET, SUITE 708, MIAMI, FL 33131 · TEL . [phone] FAX [phone]

Case 9:05-cv-80393-DTKH

Document 112

Entered on FLSD Docket 07/25/2006

Page 3 of 3

Dimond Kapl an & Rothstein, P.A . Co-counsel for Defend ant 525 S . Flagler Dri ve, Suite 200 West Palm Beach , Florida 33401 Telephone : [phone] Facsimile : 561-671-195 1 By : Adam T . Rabi n Florida Bar No . 985635 Lorenz Michel Pruss Florida Bar No . 581305

Kozyak Tropin & Throckmorton, P .A . Co-counsel for Defendant 2525 Ponce de Leon Blvd ., 9`h Floor Coral Gables, Florida 33134 Telephone : [phone] Facsimile : (305) 372-350 8 Kenneth R. Hartmann, Fla . Bar No . 664286 Gail A . McQuilkin, Fla . Bar No. 969338

CERTIFICATE OF SERVIC E
I hereby certify that a copy of this UNOPPOSED MOTION FOR ENLARGEMENT OF TIME To SERVE OBJECTIONS To MAGISTRATE ' S REPORT AND RECOMMENDATION was served by e-mail and U .S . Mail on July 12006 upon Kevin C . Kapl an , Burlington, Weil, Schwiep , Kaplan, & Blonsky, P .A ., 2699 South Bayshore Drive, Penthouse A, Miami , Florida 33133 .

Lorenz Michel Prus s

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DIMOND KAPLAN & ROTHSTEIN, P .A ., 200 S .E. IST STREET, SUITE 708, MIAMI, FL 33131 · TEL . [phone] FAX [phone]