UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-CV-61208-RKA

SIMPLIFIED IMAGING & DIAGNOSTICS,

SIMPLIFIED IMAGING SOLUTIONS LLC

d/b/a IMAGING SOLUTIONS (SIS),

Plaintiff,

vs.

PETER ROUVELAS, M.D., P.C.,

Defendant.

_____________________________________/

DEFENDANT'S AGREED MOTION FOR EXTENSION OF TIME

TO FILE RESPONSE TO COMPLAINT (Doc. No. 1)

COMES NOW, Defendant Peter Rouvelas, M.D., P.C., by and through the undersigned

counsel, and pursuant to Rule 6(b)(1)(A), Federal Rules of Civil Procedure, files this Motion for

Extension of Time to File a Response to the Complaint filed by Plaintiff (Doc. 1) pursuant to

Rules 12 and 81, Federal Rules of Civil Procedure. 

BACKGROUND FACTS

1. Plaintiff Simplified Imaging & Diagnostics, Simplified Imaging Solutions LLC

d/b/a Simplified Imaging Solutions (SIS), filed a one (1) count Complaint for Breach of Contract

(Doc. 1) on January 17, 2020.

2. Plaintiff served Defendant, Peter Rouvelas, M.D., P.C., on June 30, 2020, making

a response to the Complaint due on or before, Tuesday, July 21, 2020.

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3. Defendant engaged the services of the undersigned counsel on Friday, July 17,

2020.

4. The undersigned had not previously represented Defendant in this matter, or any

other matter related to the present dispute between the parties. Consequently, the undersigned has

no knowledge of the facts of this case and will require time to determine those facts and to

research the applicable law.

5. Following a good faith conference between Plaintiff's counsel and Defendant's

counsel, the parties agreed to a twenty (20) day extension of time to file an answer or responsive

paper. The due date for such response would be Monday, August 10, 2020.

6. In order to evaluate the case, conduct an at least preliminary review of the operative

facts, and to prepare an appropriate responses to the Complaint, Defendant requests the Court

grant an extension of time to response until Monday, August 10, 2020.

MEMORANDUM OF LAW

Defendant requests a twenty (20) day extension of time to file a response to the Complaint.

Defendant makes this request for an extension of time in good faith and, pursuant to Rule

6(b)(1)(A), Federal Rules of Civil Procedure, the undersigned certifies it is not made for any

improper purpose including any dilatory reason.

Rule 6(b), Federal Rules of Civil Procedure, states in relevant part:

(b) EXTENDING TIME.

(1) In General. When an act may or must be done

within a specified time, the court may, for good

cause, extend the time:

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(A) with or without motion or notice if the

court acts, or if a request is made, before the

original time or its extension expires; or

(B) on motion made after the time has

expired if the party failed to act because of

excusable neglect.

The Court has broad discretion in granting such motions for continuance or extension of

time. Glover v. City of Pensacola, 372 Fed. Appx. 952, 955-56 (N.D. Fla. Apr. 14, 2010); Dugas

v. 3M Co., 2015 U.S. Dist. LEXIS 83548, *5 (M.D. Fla. June 26, 2015) (harm to a party should

be avoided when there is no commensurate gain to anyone else or society). The Court's ability

to manage its docket and extend deadlines is broad and not unique to the Eleventh Circuit. In

Hetzel v. Bethlehem Steel Corp., 50 F.3d 360 (5th Cir. 1995), the Fifth Circuit Court of Appeals

affirmed the district court's granting an enlargement of time stating:

Appellant's final argument warrants little discussion.

Appellant asserts that the district court abused its

discretion by 1) accepting Appellee's motion for

summary judgment out of time, and 2) denying

Appellant's motion for enlargement of time to

respond. Under Fed.R.Civ.P. 6(b), the district court

is granted broad discretion to expand filing

deadlines. See, e.g., Maldonado-Denis v. CastilloRodriguez, 23 F.3d 576, 583 (1st Cir.1994); Woods

v. Allied Concord Financial Corp., 373 F.2d 733,

734 (5th Cir. 1967).

Hetzel, 50 F.3d 367.

The Court has inherent authority to grant an extension of time to act upon its own orders.

In the present case, given the early stage of litigation, the apparent lack of dispute among the

parties for the relief requested, and the unprecedented societal disruption caused by a global

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pandemic, the Court should grant the request for an abatement or extension of time for the full

time requested.

RELIEF REQUESTED

Defendant respectfully requests the Court enter an Order granting a twenty (20) day

enlargement of time to file and serve a response to the Complaint, making such filing due on or

before August 10, 2020.

CERTIFICATE OF GOOD FAITH CONFERENCE

Undersigned counsel certifies that a good faith conference with counsel for Plaintiff was

conducted on July 17, 2020. Lance O. Leider, Esquire, an attorney with The Health Law Firm,

contacted the attorney for Plaintiff Peter Solnick, Esquire, an attorney with Solnick Law P.A., by

telephone on July 17, 2020. Mr. Solnick stated that he had no objection to the twenty (20) day

extension sought by Defendant, and gave leave to file this as an "agreed motion."

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have filed this document electronically with the Clerk of

Court via the CM/ECF System, which automatically serves all counsel of record, this 20th day

of July 2020.

/s/ George F. Indest III

__________________________________________

LANCE O. LEIDER, J.D., LL.M.

Florida Bar No.: 96408

Primary E-mail: LLeider@TheHealthLawFirm.com

Secondary e-mail: CourtFilings@TheHealthLawFirm.com

TRIAL COUNSEL/LEAD ATTORNEY

ATTORNEY TO BE NOTICED

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GEORGE F. INDEST III, J.D., M.P.A., LL.M.

Florida Bar No.: 382426

Primary e-mail: GIndest@TheHealthLawFirm.com

Secondary e-mail: CourtFilings@TheHealthLawFirm.com

TRIAL COUNSEL/LEAD ATTORNEY

ATTORNEY TO BE NOTICED

CAROLE C. SCHRIEFER, J.D.

Florida Bar No.: 835293

Primary e-mail: CSchriefer@thehealthlawfirm.com

Secondary e-mail: CourtFilings@TheHealthLawFirm.com

TRIAL COUNSEL/LEAD ATTORNEY

ATTORNEY TO BE NOTICED

ATTORNEYS FOR DEFENDANT

PETER ROUVELAS, M.D., P.C.

Attachment: Proposed Order

LOL/pa

S:\2600-2699\2670\001\410-Pleadings-Drafts & Finals\Motion-Ext to File Response-1.wpd

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