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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

PALMETTO EKG & ECHO

READERS, PROFESSIONAL

ASSOCIATION, a Florida Corporation

(o/b/o Member # U0536350801),

Plaintiff,

vs.

CIGNA HEALTHCARE OF 

FLORIDA,

INC., a Florida corporation,

Defendant, ______________________________/

Case No.: 1:22-cv-23355-KMM

UNOPPOSED MOTION FOR EXTENSION OF TIME

TO RESPOND TO COMPLAINT

Defendant, CIGNA HEALTHCARE OF FLORIDA, INC. (“CHOF” or 

Defendant), by and through the undersigned counsel, and pursuant to Rule 6(b), 

Fed.R.Civ.P. hereby files this Unopposed Motion for Enlargement of Time to 

Respond to Plaintiff’s Complaint to November 4, 2022, and in support thereof states:

1. Defendant timely removed this case to the United States District Court 

for the Middle District of Florida on October 14, 2022.

2. Defendant’s response to the Complaint is due today, October 21, 2022.

3. This is one of multiple complaints recently served on Defendant by 

counsel for Plaintiff.

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4. Counsel for both parties have recently discussed exploration of 

informal resolution.

5. Accordingly, undersigned counsel seeks an extension of fourteen days’

time to respond to the Complaint, up to and including November 4, 2022.

6. Defendant files this motion in good faith. Defendant does not by this 

motion intend to delay or hinder these proceedings and no prejudice will result to 

Plaintiff by the granting of this motion, as evidenced by Plaintiff’s non-objection to 

this Motion.

MEMORANDUM OF LAW

Rule 6(b)(1)(A), Fed.R.Civ.P. provides 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:

...

(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[.]

District courts have broad discretion under 6(b) to expand filing deadlines. 

See Busch v. County of Volusia, 189 F.R.D. 687 (M.D. Fla. 1999). In the instant case, 

good cause exists to give the parties the opportunity to further discuss informal 

resolution without expenditure of the parties’ or the Court’s time or resources. 

CERTIFICATE OF GOOD FAITH CONFERENCE

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Pursuant to Local Rule 3.01(g), the undersigned hereby certifies that counsel 

for the movant has conferred with counsel for the plaintiff on October 18, 2022

regarding the relief sought in this motion, and can represent that Plaintiff does not 

oppose the relief requested herein.

CONCLUSION

For the reasons set forth herein, Defendant respectfully requests that an order 

be entered granting an extension of time until and including November 4, 2022 to 

Respond to Plaintiff’s Complaint.

CERTIFICATE OF SERVICE

I hereby certify that on October 21, 2022, a true and correct copy of the 

foregoing was filed via the ECF system which will make service on counsel for 

Plaintiff:

Patrick R. Sullivan, Esq.

Mark L. Rosen, Esq.

George E. Dahdal, Esq.

LUBELL ROSEN

200 South Andrews Avenue, Suite 900

Fort Lauderdale, Florida 33301

E-Mail: prs@lubellrosen.com;

mlr@lubellrosen.com;

ged@lubellrosen.com

Attorneys for Plaintiff

Respectfully submitted,

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/s/ Ruel W. Smith

Ruel W. Smith

Florida Bar Number 0036548

rsmith@hinshawlaw.com

Hinshaw & Culbertson LLP

100 South Ashley Drive, Suite 500

Tampa, FL 33602

Tel: 813-276-1662

Fax: 813-276-1956

Attorneys for Defendant, Cigna 

Healthcare of Florida, Inc.

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