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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO.: 1:22-CV-23935 

ROXANA BEVERLY, 

F/K/A ROXANNE ZWELLING 

An Individual, 

 Plaintiff, 

vs. 

NISSAN MOTOR ACCEPTANCE COMPANY, 

LLC., A foreign entity 

 Defendant(s). 

 / 

DEFENDANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND 

TO COMPLAINT 

 Defendant, NISSAN MOTOR ACCEPTANCE COMPANY, LLC (“NISSAN”), by and 

through the undersigned counsel, hereby moves this Court for an extension of time within which 

respond to the Complaint (the “Complaint”) filed by Plaintiff, ROXANA BEVERLY, F/K/A 

ROXANNE ZWELLING (the “Plaintiff”), and as grounds thereof states as follows: 

1. Plaintiff filed the Complaint on December 2, 2022 [Doc. 1]. 

2. Nissan was served with a Summons and Complaint on or about December 5, 2022. 

3. Accordingly, Nissan’s response to the Complaint is currently due December 26, 

2022. 

4. Nissan has recently retained the undersigned as counsel. 

5. Nissan and the undersigned need additional time to review the allegations in the 

Complaint and gather the necessary information in order to prepare an appropriate response, 

including the relevant correspondence, the account records, and other information related to the 

purported dispute. 

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6. Nissan therefore requests a thirty (30) day extension of time through and including 

Wednesday, January 25, 2023 to respond to the Complaint. 

7. The extension sought herein is not interposed for the purposes of delay and if 

granted will not prejudice any party. Rather, this extension may benefit the parties insofar as it will 

permit the parties time to engage in preliminary discussions regarding a potential amicable 

resolution prior to substantive litigation needing to commence. 

8. The undersigned has conferred with counsel for the Plaintiff, and counsel for 

Plaintiff has no objection to the extension sought herein. 

MEMORANDUM OF LAW 

Rule 6(b) provides that this Court may grant extensions of time in its discretion for cause 

shown. Fed. R. Civ. P. 6(b). Here, Nissan is seeking an extension of time to review and respond to 

the Plaintiff’s Complaint, compile relevant information, and engage in preliminary settlement 

discussions. Since this brief extension of time is sought in good faith, not for any purposes of 

delay, is unopposed, and will not interfere with the orderly advancement of this litigation, Nissan 

respectfully requests that the Court grant its request for an extension of time. 

WHEREFORE, Defendant, NISSAN MOTOR ACCEPTANCE COMPANY, LLC, 

respectfully requests that this Court grant the extension until January 25, 2023 to file a response to 

Plaintiff’s Complaint, as well as any such other relief that this Court deems just and proper. A copy 

of the proposed order granting this Motion is attached hereto. 

LOCAL RULE 7.1(a)(3) CERTIFICATION 

 Counsel for Defendant contacted Plaintiff’s Counsel prior to filing this motion, and 

Plaintiff has consented to the relief requested herein. 

 McGLINCHEY STAFFORD 

 /s/ Joseph A. Apatov 

 Joseph A. Apatov, Esq. 

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 Florida Bar No. 93546 

 Alyssa Weiss, Esq. 

 Florida Bar No. 1032088 

 MCGLINCHEY STAFFORD 

 One East Broward Blvd., Ste. 1400 

 Telephone: (954) 356-2516 

 Fax: (954) 252-3808 

Primary E-Mail: japatov@mcglinchey.com 

 aweiss@mcglinchey.com 

Secondary E-Mail: rwalters@mcglinchey.com 

 kotero@mcglinchey.com 

Counsel for Defendant NISSAN 

CERTIFICATE OF SERVICE 

I certify that on December __21st___, 2022, a true and accurate copy of the foregoing has 

been electronically filed with the Clerk of the Court by using the CM/ECF system, causing a copy 

to be served on counsel for all parties of record. 

/s/ Joseph A. Apatov 

 Attorney 

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