American Waste Management and Recycling, LLC. v. CEMEX Puerto Rico, Inc. et al

Filing 42

American Waste Management and Recycling, LLC. v. CEMEX Puerto Rico, Inc. et al

Doc. 42

Case 3:07-cv-01658-JAF

Document 42

Filed 09/27/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO AMERICAN WASTE MANAGEMENT AND RECYCLING, LLC Plaintiff, v. CEMEX PUERTO RICO; CANOPY ECOTERRA CORP, Defendants. Civil No. 07-01658-JAF Breach of contract; collection of moneys; damages. Jury trial demanded.

MOTION FOR EXTENSION OF TIME TO THE HONORABLE COURT: COMES NOW Defendant CEMEX PUERTO RICO (hereinafter, "CEMEX") and through the undersigning attorneys, respectfully states and

prays: 1. On September motion for 24, 2007 this Honorable to Answer Court granted

defendant's

extension of time

Complaint or

otherwise plead.

Docket ("Doc.") 33.

The Court ordered defendant

to Answer Complaint by tomorrow, September 28, 2007. 2. currently under Due to recent events to R. involving determine 13(a) is Plaintiff, whether a CEMEX is

gathering R.

evidence Proc.

counterclaim Since a

Fed.

Civ.

warranted.

counterclaim could be waived if not included in defendant's Answer, Defendant respectfully moves this Honorable Court to grant an eightday extension of time. Defendant should be able to finalize its

investigations into recent events, determine whether a counterclaim

Dockets.Justia.com

Case 3:07-cv-01658-JAF

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Filed 09/27/2007

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or a cross-claim is necessary, and file the corresponding pleading by October 10, 2007. 3. The requested extension of time is short and reasonable.

It is requested in good faith, as an attempt to finalize all factual investigations and clarify all controversies between the parties, in order to expedite discovery once it has begun and to avoid any requests for leave to assert a counterclaim by amendment. Moreover,

CEMEX has made multiple efforts to advance the ongoing litigation, such as requesting the FRCP 26(f) conference, which the parties have scheduled. WHEREFORE, defendant CEMEX de Puerto Rico, Inc. respectfully requests this Honorable Court GRANT the 8-day extension of time

herein requested. RESPECTFULLY SUBMITTED. I HEREBY CERTIFY that today I electronically filed the

foregoing with the Clerk of the Court using CM/ECF system which will send notification of such filing to all counsel of record. In San Juan, Puerto Rico, this 27th day of September 2007. /s/Jaime E. Toro-Monserrate_ Jaime E. Toro-Monserrate USDC-PR No. 204,601 [e-mail] /s/Joanne A. Tomasini-Muņiz_ Joanne A. Tomasini-Muņiz USDC-PR No. 218809 [e-mail] TORO, COLÓN, MULLET, RIVERA & SIFRE, P.S.C.

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Case 3:07-cv-01658-JAF

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Filed 09/27/2007

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Attorneys for defendant, CEMEX de Puerto Rico, Inc. PO Box 195383 San Juan, PR 00919-5383 Tel: [phone] Fax: [phone]

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