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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 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 Extension of Time to File Opposition to Motions to 

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

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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 is currently due October 12, 2022. The undersigned 

has 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 extension of time 

for the filing of the oppositions to October 28, 2022.

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

extension of time up to an including October 28, 2022, for Smith to file oppositions

to Defendants’ Motions to Dismiss Relator’s Amended Complaint, Request for 

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

Disqualify.

5. The undersigned counsel certifies that the requests 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 October 28, 2022. 

CERTIFICATION PURSUANT TO LOCAL RULE 7.1

Pursuant to Local Rules 7.1(B) and 7.1(C), on October 10, 2022, Smith’s 

counsel conferred with counsel for Defendants via 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 October 28, 

2022.

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Respectfully submitted this 10th day of October 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 10th day of October 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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