UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:20-cv-22603-MGC

ERIK CHAVEZ, individually, and

on behalf of others similarly situated, 

Plaintiff,

vs.

GRILL ENTERPRISES, LLC, a 

Florida Limited Liability Company, d/b/a 

Los Parrilleros and Parrilleros Tavern, and 

RUBEN SIERRA, individually,

Defendants.

______________________________________/

JOINT MOTION FOR ONE WEEK EXTENSION OF TIME

FOR PARTIES TO RESPOND TO EACH OTHER’S

RESPECTIVE MOTIONS FOR SUMMARY JUDGEMENT 

Plaintiffs, ERIK CHAVEZ and LEONEL DIAZ, and Defendants GRILL 

ENTERPRISES, LLC and RUBEN SIERRA, by and through undersigned counsel, hereby 

file this Joint Motion for One Week Extension of Time for Parties to Respond to Each Other’s 

Respective Motions for Summary Judgment and state as follows:

1. Defendants filed a Motion for Summary Judgment on August 23, 2021 (D.E.

64). 

2. Plaintiffs filed a Motion for Summary Judgment on August 23, 2021 (D.E. 69).

3. Under the current schedule, the respective responses would be due on Tuesday, 

September 7, 2021.

4. The Parties respectfully requests and additional seven (7) days to file their 

responses to each other’s respective motions for summary judgment due to the fact that 

counsel for Defendants has been under the weather and left with little time over the past week 

to work on the response and will be out of town for the Holiday weekend and Plaintiffs’

counsel was compressed for time due to illness and an appellate briefing schedule for a brief 

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and appendix due in the 11th Circuit Court of Appeals (Valle v. AA And K Restoration Group, 

LLC, et al., Case No.: 1:19-cv-20873-KMM). Counsel for Plaintiffs and Defendants are solo 

practitioners.

5. The Parties represent that this request is not made in bad faith, nor for undue 

delay or any other dilatory purpose.

6. Pursuant to the federal and local rules of civil, the undersigned counsel 

conferred in good faith about the relief sought in the motion, and counsel agree to the relief 

sought in this motion.

7. Looking ahead, counsel for the Parties do not anticipate that this one-week 

extension of time will impact any other Court deadline in this action.

8. Under Federal Rule of Civil Procedure 6(b), the Court is authorized to enlarge 

the period within which the Parties must file the respective responses “if request therefore is 

made before the expiration of the period originally prescribed.” The Parties filed this request 

timely under Rule 6(b). Therefore, the Court has the authority to grant this motion pursuant 

to Rule 6(b), Fed.R.Civ.P.

9. By its express terms, Rule 6(b) affords a wide discretion to the Court to enlarge 

time periods established by the Rules of Civil Procedure or a Court order. Woods v. Allied 

Concord Financial Corp., 373 F.2d 733 (5th Cir. 1967). Rule 6 should be applied liberally “to 

secure the just, speedy and inexpensive determination of every action.” Rule 1, Federal Rules 

of Civil Procedure; 4 Wright & Miller, Federal Practice and Procedure, §1165 (1969). “Preexpiration extensions are granted routinely if they are sought in good faith and do not 

prejudice the adversary.” See Steven Baicker–McKee, William M. Janssen, and John B. Corr, 

Federal Civil Rules Handbook 2014, at 314 (West 2014).

WHEREFORE, the Parties respectfully requests that this motion for extension of time

be granted. If granted, the Parties respective responses would be due on or before September 

14, 2021.

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Respectfully submitted,

/s/Anthony F. Sanchez, Esq.

Anthony F. Sanchez, Esq. 

ANTHONY F. SANCHEZ, P.A.

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Telephone: (305) 665-9211

Email: afs@laborlawfla.com

Email: faz@laborlawfla.com 

Florida Bar No.: 789925 

Counsel for Plaintiffs

/s/Todd W. Shulby, Esq.

Todd W. Shulby, Esq. 

TODD W. SHUULBY, P.A.

1792 Bell Tower Lane 

Weston, Florida 33326

Telephone: (954) 530-2236

Facsimile: (954) 530-6628

E-mail: tshulby@shulbylaw.com

Florida Bar No.: 068365

Counsel for Defendants

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 3, 2021, I electronically filed the foregoing 

with the Clerk of the Court by using the CM/ECF system which will send a notice of 

electronic filing to the following: Anthony F. Sanchez, Esq. 

By: /s/Todd W. Shulby, Esq.

For Todd W. Shulby, P.A.

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