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Petitioner,
vs.
Respondents.
/
"Amelungs"), pursuant to Rule 6(b), Federal Rules of Civil Procedure, and Rule 3.01, Rules
of the United States District Court for the Middle District of Florida, respectfully request entry
of an Order enlarging by an additional thirty days the time within which they are required to
1. On March 29, 2007, this Court entered its Judgment in a Civil Case in favor of
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2. On May 25, 2007, Alesco served on each of the Amelungs, through counsel, its
interrogatories in aid of execution of the Judgment. True and correct copies of Alesco's
interrogatories to each of the Amelungs are attached hereto as Composite Exhibit "A".
4. On June 5, 2007, Frank Amelung and Richard Amelung, among others, were
sued in that certain action styled State of North Carolina, ex rel. Roy Cooper, Attorney
General v. Peerless Real Estate Services, Inc., et. al.; General Court of Justice, Superior Court
Division, Wake County, North Carolina (the "North Carolina Action"), which action was
bought by the Attorney General of the State of North Carolina for injunctive relief and
damages arising out of activities of business enterprises with which the Amelungs were
involved. A copy of the complaint in the North Carolina Action is attached hereto as Exhibit
"B".
5. On June 6, 2007, the Court in the North Carolina Action entered an Order
appointing Joseph W. Grier, III, as receiver ( the "Receiver") for the corporate defendants
joined in the North Carolina Action. A copy of the Order appointing the Receiver is attached
portions of the corporate and business records of the corporate defendants named in the North
Carolina Action.
operating from its office in Charlotte, North Carolina, seized substantial additional corporate
and business records from business offices in Spruce Pine, North Carolina, through which the
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8. Although the Amelungs, and each of them, have prepared responses to portions
of Alesco's interrogatories, the Amelungs are not able to access the substantial corporate and
business records seized by the Receiver or the FBI, and accordingly, the Amelungs are unable
to assure the thoroughness of their answers to those interrogatories for which they have partial
information, nor have they been able to compile responsive information to numerous other
interrogatories, the responsive information for which can be derived only from the corporate
which to respond to Alesco's interrogatories so that they may attempt to coordinate with the
Receiver and the FBI to recover or obtain access to the necessary corporate and business
10. This motion and request of enlargement is not interposed for the purposes of
delay, but rather seeks additional time to permit the Amelungs to assure that their discovery
Amelung, request the Court to enter its Order enlarging by thirty days, through and including
July 25, 2007, the time within which they are required to respond to Aleso's interrogatories
MEMORANDUM OF LAW
Rule 6(b), Federal Rules of Civil Procedures, states in pertinent part that:
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The extension of time requested by this Motion is made for good cause, will not
adversely affect any party, and will promote the Court’s efficient administration of this matter.
The Court has wide discretion under Rule 6, Federal Rules of Civil Procedures, to grant
enlargements of time. Wood v. Allied Concord Fin. Corp., 373 F.2d 733, 734 (5th Cir. 1967);
Harris v. Siegel, 438 F.Supp. 510, 513 (S.D. Fla. 1977). This Motion is not being made for
the purpose of obstruction or delay, but is instead a good-faith request for an extension of time
in order to permit the Amelungs an opportunity to obtain access to their corporate and
business records such that their discovery responses may be as thorough and accurate as
possible.
CERTIFICATION AS TO CONSULTATION
The undersigned, pursuant to Rule 3.01(g), Rules of the United States District Court
for the Middle District of Florida, hereby certifies that he has conferred with counsel for
Alesco with respect to the foregoing motion for enlargement of time, but reports that Alesco is
AKERMAN SENTERFITT
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
either by electronic notification or by United States Mail, postage prepaid and properly
addressed, this 25th day of June, 2007, to Eric Lee Hearn, Esq., Moseley, Prichard, Parrish,
Knight & Jones, 501 W. Bay Street, Suite 200, Jacksonville, FL 32202.
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