UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:22-cv-24066-KMM 

GRACE, INC.; ENGAGE MIAMI, INC.; 

SOUTH DADE BRANCH OF THE NAACP; 

MIAMI-DADE BRACH OF THE NAACP; 

CLARICE COOPER; YANELIS VALDES; 

JARED JOHNSON; and ALEXANDER 

CONTRERAS, 

 Plaintiffs, 

v. 

CITY OF MIAMI, 

 Defendant. 

 / 

DEFENDANT’S MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO 

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 

 Pursuant to S.D. Local Rule 7.1(a) and Fed. R. Civ. P. 6(b), Defendant, City of Miami 

(the “Defendant”), respectfully moves the Court for an extension of time to file its Objections to 

the Magistrate Judge’s Report and Recommendation. As grounds, Defendant states as follows: 

1. Plaintiffs filed this action on December 15, 2022. [DE 1].1

2. On February 10, 2023, Plaintiffs filed an Expedited Motion for Preliminary 

Injunction (the “Motion for Preliminary Injunction”), [DE 26], and a Notice of Filing Exhibits in 

Support of Motion for Preliminary Injunction, [DE 24], which is 1,753 pages long and contains 

93 exhibits. Defendant filed its Memorandum of Law in Response to Plaintiffs’ Motion for 

Preliminary Injunction on March 10, 2023, [DE 36], and Plaintiffs’ filed a Reply on March 16, 

2023 [DE 39]. 

 

1

 On February 10, 2023, after Defendant filed a Motion to Dismiss [DE 19], Plaintiffs filed their 

First Amended Complaint. [DE 23]. 

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3. On March 29, 2023, the Magistrate Judge held a five-and-a-half hour evidentiary 

and preliminary injunction hearing. [DE 48]. Plaintiffs introduced 93 Exhibits into evidence, 

[DE 49], and Defendant introduced an additional 12 Exhibits [DE 50]. 

4. On May 3, 2023, eight minutes before midnight, the Magistrate issued a 101-page 

Report and Recommendation and ordered any objections to be filed on or before Saturday, May 

13, 2023, citing the parties’ agreement to shorten the objections period to ten days. [DE 52, at 

100]. 

5. Federal Rule of Civil Procedure 6(a) states that, to compute a time period when a 

period of time “is stated in days,” “exclude the day of the event that triggers the period,” “count 

every day, including intermediate Saturdays, Sundays, and legal holidays,” and “include the last 

day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues 

to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.” Because the 

Report and Recommendation was issued on a Wednesday, the first day to begin counting was 

Thursday, May 4, and the tenth day was Saturday, May 13. However, in accordance with Rule 

6, the deadline to file objections should have “continue[d] to run” until Monday, May 15. 

6. Moreover, Federal Rule of Civil Procedure 6(b) vests this Court with discretion to 

enlarge deadlines for good cause. 

7. Since the Magistrate issued the Report and Recommendation, Defendant has 

worked diligently to obtain a copy of the hearing transcript but the court reporter has been on 

jury duty. Additionally, as a result of the complexity, length, and serious consequences of the 

Report and Recommendation, Defendant requires more time to adequately prepare and file its 

objections. Defendant respectfully submits that these factors support a finding of good cause and 

requests an extension until Friday, May 19 to file its objections. This Motion is made in good 

faith and not for the purpose of delay. 

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8. Defendant’s counsel has conferred with Plaintiffs’ counsel, Nicholas Warren, 

Esquire, who does not oppose a two-day extension of time to file objections by Monday, May 

15, but opposes a longer extension. 

9. A proposed Order is attached in compliance with Local Rule 7.1(a)(2). 

WHEREFORE, Defendant respectfully moves the Court for an extension of time, until 

May 19, 2023, to file its Objections to the Magistrate Judge’s Report and Recommendation. 

 Dated this 9th day of May, 2023. 

 Respectfully submitted, 

GRAYROBINSON, P.A.

333 S.E. 2nd Avenue, Suite 3200 

Miami, Florida 33131 

Telephone: (305) 416-6880 

Facsimile: (305) 416-6887 

 By: s/ Christopher N. Johnson 

Christopher N. Johnson, Esq. 

Florida Bar No. 69329

christopher.johnson@gray-robinson.com 

GRAYROBINSON, P.A. 

Jason L. Unger, Esquire 

Florida Bar No. 991562 

Andy Bardos, Esquire 

Florida Bar No. 822671 

George T. Levesque, Esquire 

Florida Bar No. 0555541

301 S. Bronough Street 

Suite 600 

Tallahassee, Florida 32301 

Telephone: (850) 577-9090 

Facsimile: (850) 577-3311 

CITY OF MIAMI 

Kevin Jones, Esquire 

Florida Bar No. 119067 

Bryan Capdevila, Esquire 

Florida Bar No. 119286 

Eric Eves, Esquire 

Florida Bar No. 91053 

 

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Office of the City Attorney 

444 S.W. 2nd Avenue 

Miami, FL 33130 

Telephone: (305) 416-1800 

Facsimile: (305) 416-1801 

 Attorneys for Defendant 

CERTIFICATE OF SERVICE 

 I hereby certify that on May 9, 2023, I electronically filed the foregoing with the Clerk of the 

Court by using the CM/ECF. I also certify that the foregoing document is being served this day on 

all counsel of record or pro se parties either via transmission of Notice of Electronic Filing generated 

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

to receive electronically Notices of Electronic Filing. 

 By: s/ Christopher N. Johnson 

Christopher N. Johnson, Esq. 

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