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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

AND THE STATE OF FLORIDA, 

ex rel. ROBERT V. SMITH, 

Qui Tam Plaintiff,

v. CASE NO.: 3:20-cv-03678/MCR/EMT

JAY A. ODOM; OKALOOSA 

COUNTY, BOARD OF COUNTY

COMMISSIONERS,

Defendants.

__________________________________________________________________

PLAINTIFF’S CONSENTED MOTION FOR ADDITIONAL EXTENSION 

OF TIME TO FILE OPPOSITION TO MOTIONS TO DISMISS, REQUEST 

FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DIMSISS AND 

MOTION TO DISQUALIFY

__________________________________________________________________

Plaintiff, United States of America and the State of Florida, ex rel. Robert V. 

Smith (“Smith”), by and through his undersigned counsel, pursuant to Federal Rule 

of Civil Procedure 6(b)(1)(A) and Northern District of Florida Rule 6.1, hereby files 

this Consented Motion for Additional Extension of Time to File Opposition to 

Motions to Dismiss, Request for Judicial Notice in Support of Motion to Dismiss

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and Motion to Disqualify (the “Consented Motion”). In support of their Consented 

Motion, Smith states:

1. Defendant Jay A. Odom (“Odom”), filed his Motion to Dismiss 

Relator’s Amended Complaint, Memorandum in Support, Request for Judicial 

Notice in Support of Motion To Dismiss, and a Verified Motion to Disqualify on 

September 28, 2022.

2. Defendant Okaloosa County Board of County Commissioners (the 

“County”) filed its Notice of Adopting and Joining Defendant Jay A. Odom’s 

Motion to Dismiss Relator’s Amended Complaint and Memorandum in Support of 

Motion to Dismiss on September 28, 2022.

3. Under United States District Court, Northern District of Florida local 

rule 7.1(E), Smith’s response was due October 12, 2022. The undersigned consulted 

with counsel for Defendants and an extension of time was granted up to and 

including October 28, 2022. Additional extensions of time were granted up to and 

including November 21, 2022. 

4. The undersigned continues to experience a medical condition that is 

materially affecting her ability to consult with her client and to complete the 

oppositions. In that regard, Smith requires additional time to prepare his oppositions, 

and Defendants have consented to an additional extension of time for the filing of 

the oppositions to November 28, 2022.

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5. Smith respectfully requests that this Court enter an order granting an 

additional extension of time up to an including November 28, 2022, for Smith to file 

oppositions to Defendants’ Motions to Dismiss Relator’s Amended Complaint, 

Request for Judicial Notice in Support of Motion to Dismiss and Odom’s Verified 

Motion to Disqualify.

6. The undersigned counsel certifies that the requested extension is sought 

in good faith and not solely for the purposes of delay.

WHEREFORE, Plaintiff, Robert Smith respectfully requests that this Court 

grant his Consented Motion for an extension of time to file oppositions to the 

Motions to Dismiss, Request for Judicial Notice in Support of Motion to Dismiss, 

and Motion to Disqualify, up to and including November 28, 2022. 

CERTIFICATION PURSUANT TO LOCAL RULE 7.1

Pursuant to Local Rules 7.1(B) and 7.1(C), on November 18, 2022, Smith’s 

counsel conferred with counsel for Defendants email regarding the relief requested. 

Counsel for Defendants advised that they consent to an extension of time to file 

oppositions to the Motions to Dismiss, Request for Judicial Notice in Support of 

Motion to Dismiss, and the Motion to Disqualify, up to an including November 28, 

2022.

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Respectfully submitted this 18th day of November 2022. 

/s/ Elizabeth C. Billhimer

ELIZABETH C. BILLHIMER

Florida Bar No. 0121986

CLARK PARTINGTON

4100 Legendary Drive, Ste. 200.

Destin, Florida 32541

(850) 650-3304 telephone

(850) 650-3305 facsimile 

ebillhimer@clarkpartington.com

fkendall@clarkpartington.com

bgilman@clarkpartington.com

Attorney for Robert V. Smith

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been 

served by electronic mail via the Court’s transmission of the Notice of Electronic 

Filing to the following, this 18th day of November 2022:

A. BENJAMIN GORDON, III

Anchors Gordon, P.A.

2113 Lewis Turner Blvd., Suite 100

Fort Walton Beach, FL 32547

bgordon@anchorsgordon.com

aizzo@anchorsgordon.com

cyndi@anchorsgordon.com

mary@anchorsgordon.com

SARAH WILBANKS

NATHANIEL H. HUNT

PETER J. KIRSCH

Kaplan Kirsch & Rockwell LLP

1675 Broadway, Suite 2300

Denver, CO 80202

swilbanks@kaplankirsch.com

nhunt@kaplankirsch.com

pkirsch@kaplankirsch.com

COUNSEL FOR DEFENDANT

JAY A. ODOM

GREGORY T. STEWART 

LYNN M. HOSHIHARA 

KERRY A. PARSONS 

Nabors, Giblin & Nickerson, P.A. 

1500 Mahan Drive, Suite 200 

Tallahassee, Florida 32308 

(850) 224-4070 

(850) 224-4073 Facsimile 

gstewart@ngnlaw.com 

lhoshihara@ngnlaw.com 

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kparsons@ngnlaw.com 

legal-admin@ngnlaw.com

COUNSEL FOR DEFENDANT

OKALOOSA COUNTY, BOARD OF COUNTY COMMISSIONERS

DAVID M. SOBOTKIN

Trial Attorney

U.S. Department of Justice

Civil Division, Fraud Section

Post Office Box 261

Ben Franklin Station

Washington, D.C. 20044

(202) 353-1291

David.m.sobotkin@usdoj.gov

ATTORNEY FOR PLAINTIFF

UNITED STATES OF AMERICA

And by regular U.S. mail to the State of Florida

ASHLEY MOODY, ATTORNEY GENERAL

Office of the Attorney General

State of Florida

PL-01 The Capitol

Tallahassee, FL 32399-1050 

And 

JIMMY PATRONIS, Chief Financial Officer

Florida Department of Financial Services

200 East Gaines Street

Tallahassee, FL 32399

/s/ Elizabeth C. Billhimer

ELIZABETH C. BILLHIMER

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