Stelor Productions, v. Silvers

Filing 90

MOTION by Steven A. Silvers to extend time for reply memorandum , for leave to file in excess of page limitation (rb, Deputy Clerk)

Download PDF
Case 9:05-cv-80393-DTKH Document 90 Entered on FLSD Docket 12/02/2005 Page 1 of 3 Dec 2 2005 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 05-8093-CIV-HURLEY/HOPKINS STELOR PRODUCTIONS LLC f/k/a STELOR PRODUCTIONS, INC. Plaintiff/Counter-Defendant, v. STEVEN A. SILVERS, Defendant/Counter-Plaintiff. ____________________________________/ DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME AND FOR LEAVE TO EXCEED REPLY MEMORANDUM PAGE LIMIT BY FIVE PAGES Defendant, Steven A. Silvers, files this Motion for Enlargement of Time and for Leave to Exceed Reply Memorandum Page Limit by Five Pages: 1. On or about November 1, 2005, Defendant served his Verified Motion for Attorneys' Referred to Magistrate Judge Hopkins 05-80393-CV Fees and Costs and for Rule 11 Sanctions (the "Motion"). 2. On November 23, 2005, Plaintiff served its Opposition Memorandum to the Motion (the "Opposition"). 3. 4. Defendant's Reply in support of the Motion is currently due on December 2, 2005. Due to scheduling conflicts and out of town travel commitments, Defendant's counsel needs an additional week to prepare his Reply Memorandum. 5. Defendant is further seeking leave from the Court to exceed by five pages the ten page limit for Reply Memoranda. See L.R. S.D. Fla. 7.1(C)(2). In the Opposition, in addition to challenges to entitlement to and the amount of attorneys' fees claimed, Plaintiff raised issues as to whether this Court has subject matter jurisdiction to award fees and costs in a case that was 1 of 3 Case 9:05-cv-80393-DTKH Document 90 Entered on FLSD Docket 12/02/2005 Page 2 of 3 dismissed for lack of subject matter jurisdiction. As such, Defendant needs an additional five pages to address the jurisdiction issue that was not addressed in the Motion. 6. Defendant's counsel has conferred with Plaintiff's counsel and there is no objection to the relief sought in this Motion. WHEREFORE, Defendant requests that the Court enter an order that provides that (1) Defendant has until December 9, 2005 to serve his Reply in support of the Motion, and (2) Defendant is granted leave from the Court to file a Reply that may exceed the ten page limit by five pages. Dimond Kaplan & Rothstein, P.A. Co-counsel for Defendant 525 S. Flagler Drive, Suite 200 West Palm Beach, Florida 33401 Telephone: 561-671-1920 Facsimile: 561-671-1951 By: /s/ Adam T. Rabin Adam T. Rabin Florida Bar No. 985635 Kozyak Tropin & Throckmorton, P.A. Co-counsel for Defendant 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, Florida 33134 Telephone: (305) 372-1800 Facsimile: (305) 372-3508 Kenneth R. Hartmann, Fla. Bar No. 664286 Gail A. McQuilkin, Fla. Bar No. 969338 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served by e-mail and U.S. Mail on December 2, 2005 upon Kevin C. Kaplan, Burlington, Weil, Schwiep, Kaplan, & Blonsky, P.A., 2699 South Bayshore Drive, Penthouse A, Miami, Florida 33133. By: /s/ Adam T. Rabin Adam T. Rabin 2 of 3 Case 9:05-cv-80393-DTKH Document 90 Entered on FLSD Docket 12/02/2005 Page 3 of 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 05-80393-CIV-HURLEY/HOPKINS STELOR PRODUCTIONS, LLC f/k/a Stelor Productions, Inc. Plaintiff v. STEVEN A. SILVERS, Defendant. ______________________________________/ ORDER GRANTING UNOPPOSED MOTION FOR ENLARGEMENT OF TIME AND FOR LEAVE TO EXCEED REPLY MEMORANDUM PAGE LIMIT BY FIVE PAGES THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Enlargement of Time and for Leave to Exceed Reply Memorandum Page Limit by Five Pages. The Court having reviewed the Motion, noting that there is no objection to the Motion, and being otherwise fully informed, it is hereby ORDERED that: 1. Defendant's Motion for Enlargement of Time is hereby GRANTED. Defendant shall have until December 9, 2005 to serve his Reply Memorandum in support of his Verified Motion for Attorneys' Fees and Costs and for Rule 11 Sanctions. 2. Defendant's Motion to exceed the Reply Memorandum page limit by five pages is hereby GRANTED. DONE AND ORDERED in Chambers in _______________, Florida this ___ day of ____________________ 2005. _________________________________ U.S. Magistrate Judge James M. Hopkins cc: Kevin C. Kaplan, Esq. Adam T. Rabin, Esq. Kenneth R. Hartmann, Esq. 3 of 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?