307950205.1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

MATTHEW BUCKLEY and

TOP GUN OPTIONS, LLC,

Plaintiffs,

vs.

EMMETT MOORE and

TRADINGSCHOOLS.ORG,

Defendants.

 Case No.: 0:20-cv-61023-RAR

PLAINTIFFS’ UNOPPOSED MOTION FOR ENLARGEMENT 

OF TIME TO RESPOND TO DEFENDANTS’ MOTION TO DISMISS

Plaintiffs, Matthew Buckley and Top Gun Options, LLC (“Plaintiffs”), pursuant to Rule 

6(b)(1)(A) of the Federal Rules of Civil Procedure and Rule 7.1 of the Local Rules of the 

Southern District of Florida, respectfully move for an Order granting their request for an 

enlargement of time in which to respond to Defendants’ Motion to Dismiss and in support 

thereof state:

1. This is an action for relief related to deceptive and unfair trade practices, tortious 

interference with prospective economic advantage, defamation per se, and product 

disparagement and trade libel. 

2. On May 22, 2020, Plaintiffs filed the instant lawsuit against Defendants.

3. For some time following the filing of their Complaint, Plaintiffs worked with 

counsel for Defendants, Ms. Arani, to obtain waivers of service from both Defendants. 

4. The waivers were executed on July 21, 2020 and filed with the Court on July 22.

5. On September 18, 2020, Defendants filed a Motion to Dismiss and accompanying 

memorandum of law, as well as an affidavit with seven exhibits. By Local Rule, the Plaintiffs’ 

memorandum in opposition to that motion is due on Friday, October 2, 2020.

Case 0:20-cv-61023-RAR Document 23 Entered on FLSD Docket 09/28/2020 Page 1 of 4
307950205.1

2

6. The Motion to Dismiss and accompanying memorandum, affidavits, and exhibits 

are lengthy and require Plaintiffs not only to address complex statutory frameworks related to 

Florida’s anti-SLAPP legislation, Florida’s Deceptive and Unfair Trade Practices Act, and 

statutory libel notice requirements, but also to consider factual allegations and accompanying 

evidence. Plaintiffs submit that the nature of the Motion to Dismiss provides good cause for 

extending the time to reply, and as is discussed further below, Defendants do not disagree.

7. Plaintiffs are therefore requesting a 14-day enlargement of time to respond to the 

motion to dismiss, which would make the response due on Friday, October 16, 2020.

8. Pursuant to Local Rule 7.1.A.3, undersigned counsel conferred with counsel for 

Defendants. Counsel for Defendants graciously advised they have no objection to the requested 

extension. However, the requested extension would make the reply due on October 23, 2020. 

Counsel for Defendants advised that she will be out of town and out of the office on said reply 

date, and thus requested a one-week extension to file the reply through and including October 30. 

Plaintiffs do not object to Defendants’ requested extension.

9. A proposed order is attached hereto as Exhibit 1 and will be emailed to Chambers 

for the Court’s consideration pursuant to Section 3I(6) of the CM/ECF Administrative 

Procedures. 

WHEREFORE, Plaintiffs respectfully request that the Court grant this Motion for 

Enlargement of Time, extending Plaintiffs’ response deadline to Friday, October 16, 2020, and 

extending Defendants’ reply deadline to Friday, October 30, 2020.

Case 0:20-cv-61023-RAR Document 23 Entered on FLSD Docket 09/28/2020 Page 2 of 4
307950205.1

3

CERTIFICATE OF GOOD FAITH CONFERRAL

Undersigned counsel hereby certifies that counsel for the movant has conferred with all 

parties or non-parties who may be affected by the relief sought in this motion in a good faith 

effort to resolve the issues raised in the motion and states that the following issues have been 

resolved: Defendants have no objection to Plaintiffs’ request for enlargement of time sought 

herein. Similarly, Plaintiffs have no objection to Defendants’ reciprocal request for enlargement 

of time as described herein.

Dated: September 28, 2020 Respectfully submitted,

/s/ Mallory Cooney

Elisa J. D’Amico, Esq.

Florida Bar No. 76936

elisa.damico@klgates.com

Mallory Cooney

Florida Bar No. 0125659

mallory.cooney@klgates.com

K&L Gates LLP

Southeast Financial Center

200 S. Biscayne Boulevard, Suite 3900

Miami, FL 33131-2399

Tel.: 305-539-3300 

Facsimile: 305-358-7095 

/s/ Charles Lee Mudd, Jr.

Charles Lee Mudd, Jr., Esq.

Pro Hac Vice Admission Pending

clm@muddlaw.com

Mudd Law

411 S. Sangamon Street, Suite 1B

Chicago, IL 60607

Telephone: 312-964-5051

Counsel for Plaintiffs Matthew Buckley

and Top Gun Options, LLC

Case 0:20-cv-61023-RAR Document 23 Entered on FLSD Docket 09/28/2020 Page 3 of 4
307950205.1

4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 28, 2020, a true and complete copy of the 

foregoing was electronically filed via CM/ECF system which will send a notice of electronic 

filing to all Counsel of Record.

/s/ Elisa J. D’Amico

Elisa J. D’Amico

Case 0:20-cv-61023-RAR Document 23 Entered on FLSD Docket 09/28/2020 Page 4 of 4