IN THE UNITED STATES DISTRICT COURT FOR 

THE SOUTHERN DISTRICT OF FLORIDA

RUBEN BELLO,

Plaintiff,

vs.

DHL EXPRESS (USA), INC.,

a Florida Company,

Defendant.

Case No.: 22-cv-23005-DPG

PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO

DEFENDANT’S DAUBERT MOTION AND MOTION FOR SUMMARY JUDGEMENT

Plaintiff, Ruben Bello (“Plaintiff”) respectfully requests this Honorable Court to grant a

brief extension of time in order to prepare and file his responses to Defendant’s, DHL Express

(USA), Inc. (“Defendant”), Motion for Summary Judgement [D.E. 32] and Motion to Exclude the

Testimony of Treating Physician Dr. Priscilla Borrego (“Daubert Motion”) [D.E. 34], and in

support thereof, states, as follows:

PROCEDURAL HISTORY

1. On July 7, 2023, Defendant filed both its Motion for Summary judgement [D.E.

32] and Daubert Motion to Exclude the Testimony of Dr. Priscilla Borrego [D.E. 34]. 

2. Plaintiff’s responses to both motions are due on July 21, 2023.

3. However, on July 14, 2023, Plaintiff submitted a Motion to Continue Summary

Judgement and Trial to Allow Plaintiff to Conduct Discovery on Defendant’s Newly Amended

Answer and Affirmative Defenses [D.E. 39], which has yet to be heard by the Court.

Case 1:22-cv-23005-DPG Document 44 Entered on FLSD Docket 07/18/2023 Page 1 of 3
4. Additionally, on the same day, July 14, 2023, Plaintiff also filed its Unopposed

Motion for Hearing to Schedule a Status Conference [D.E. 40], in light of the recent activity on

the docket.

5. On July 16, 2023, the Court entered an Order setting the status conference for July

26, 2023, at 10:00 a.m. [D.E. 41].

6. Given that the status conference is set after the deadline for Plaintiff to provide his

responses to Defendant’s Motions, and considering Plaintiff’s Motion to Continue, Plaintiff

respectfully requests this Court to grant an extension through August 11, 2023, to provide his

responses to the two pending motions [D.E. 32, and D.E. 34].

7. Prior to the filing of this Motion, undersigned conferred with counsel for

Defendant. Defendant’s counsel has no objection to the relief sought in this Motion, if Defendant

is provided with an extension of up to two (2) weeks, if needed, to reply to Plaintiff’s responses.

8. Undersigned counsel represents that this Motion is made in good faith and is not

presented for the purpose of delay.

WHEREFORE, based on the foregoing, Plaintiff respectfully requests the Court to grant

an extension of time through August 11, 2023, for Plaintiff to respond to Defendant’s Daubert

Motion and Motion for Summary Judgement, and for such further relief this Court deems just and

proper. A proposed Order is attached for the Court’s consideration.

Respectfully Submitted on this 18

th day of July 2023.

By: /s/ Henry Hernandez

Henry Hernandez, Esq.

By: /s/ Monica Espino

Monica Espino, Esq.

Case 1:22-cv-23005-DPG Document 44 Entered on FLSD Docket 07/18/2023 Page 2 of 3
CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was electronically

filed with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being

served in the manner specified, either via transmission of Notices of Electronic filing generated by

CM/ECF or in some other authorized manner for those counselor parties who are not authorized

to receive electronically Notices of Electronic Filing, this 18

th day of July 2023.

By: /s/ Henry Hernandez

Henry Hernandez, Esq.

Florida Bar No. 542601

Garcia Hernandez, P.A.

2655 S. LeJeune Road, Suite 802

Coral Gables, FL 33134

Email: Henry@HHLAWFLORIDA.com

Tel: 305.771.3374

Counsel for Plaintiff

By: /s/ Monica Espino

Monica Espino, Esq.

Florida Bar No. 834491

Espino Law

2250 SW 3

rd Ave, Suite 400

Miami, FL 33129

Email: me@espino-law.com

Tel: 305.704.3172

Counsel for Plaintiff

Case 1:22-cv-23005-DPG Document 44 Entered on FLSD Docket 07/18/2023 Page 3 of 3