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EGT, REF_DISCOV

U.S. District Court

Southern District of Florida (Ft. Lauderdale)

CIVIL DOCKET FOR CASE #: 0:11-cv-61058-KMM

Beach v. Federal Reserve Bank of AtlantaAssigned to: Judge K. Michael MooreReferred to: Magistrate Judge Edwin G. TorresCause: 28:1331 Federal Question

Date Filed: 05/09/2011Jury Demand: NoneNature of Suit: 890 OtherStatutory ActionsJurisdiction: Federal Question

Plaintiff

Scott Gregory Beach

V.

Defendant

Federal Reserve Bank of Atlanta represented by Michael O. MenaAkerman SenterfittOne Southeast Third Avenue25th FloorMiami, FL 33131

305-374-5600Fax: 305-374-5095Email:[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

05/09/20111

COMPLAINT against Federal Reserve Bank of Atlanta. Filing fee$ 350.00 Receipt#: FLS0-1268, filed by Scott Gregory Beach.(Attachments: # 1 Civil Cover Sheet)(mb) (Entered: 05/09/2011)

05/09/2011 2 Judge Assignment to Judge K. Michael Moore (mb) (Entered:05/09/2011)

05/09/2011 3 Summons Issued as to Federal Reserve Bank of Atlanta. (mb)(Entered: 05/09/2011)



05/09/2011 4 Clerks Notice of Receipt of Filing Fee received on 5/9/2011 in theamount of $ 350, receipt number FLS0-1268 (mb) (Entered:05/09/2011)

05/10/2011 5 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY

MATTERS TO MAGISTRATE JUDGE EDWIN G. TORRES.PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of theLocal Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate JudgeEdwin G. Torres to take all necessary and proper action asrequired by law with respect to any and all pretrial discoverymatters. Any motion affecting deadlines set by the Court'sScheduling Order is excluded from this referral, unlessspecifically referred by separate Order. Signed by Judge K.Michael Moore on 5/10/2011. (rg1) (Entered: 05/10/2011)

05/10/2011 6 PAPERLESS PRETRIAL ORDER. THIS ORDER has been

entered upon the filing of the complaint. Plaintiff's counsel ishereby ORDERED to forward to all defendants, upon receipt of aresponsive pleading, a copy of this order. It is further ORDEREDthat S.D. Fla. L.R. 16.1 shall apply to this case and the partiesshall hold a scheduling conference no later than twenty (20) daysafter the filing of the first responsive pleading by the lastresponding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendantshave not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the schedulingconference, not to exceed 120 days from the filing of the

Complaint. Within ten (10) days of the scheduling conference,counsel shall file a joint scheduling report. Failure of counsel tofile a joint scheduling report within the deadlines set forth abovemay result in dismissal, default, and the imposition of othersanctions including attorney's fees and costs. The parties shouldnote that the time period for filing a joint scheduling report is nottolled by the filing of any other pleading, such as an amendedcomplaint or Rule 12 motion. The scheduling conference may beheld via telephone. At the conference, the parties shall complywith the following agenda that the Court adopts from S.D. Fla.L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The

parties shall determine the procedure for exchanging a copy of ora description by category and location of all documents and otherevidence that is reasonably available and that a party expects tooffer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B).(a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless



disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents includeinsurance agreements which may be at issue with the satisfactionof the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses- The parties shall exchange the name, address and telephonenumber of each individual known to have knowledge of the facts

supporting the material allegations of the pleading filed by theparty. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuingobligation to disclose this information. (3) Discussions andDeadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss thenature and basis of their claims and defenses and the possibilitiesfor a prompt settlement or resolution of the case. Failure tocomply with this Order or to exchange the information listedabove may result in sanctions and / or the exclusion of documentsor witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Telephonicappearances are not permitted for any purpose. Upon reaching asettlement in this matter the parties are instructed to notify the

Court by telephone and to file a Notice of Settlement withintwenty-four (24) hours. Signed by Judge K. Michael Moore on5/10/2011. (rg1) (Entered: 05/10/2011)

06/06/2011 7 MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Federal Reserve Bank of Atlanta. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion forEnlargement of Time to Respond to Complaint)(Mena, Michael)(Entered: 06/06/2011)

06/07/2011 8 PAPERLESS ORDER. THIS CAUSE came before the Courtupon Defendant's Motion for Enlargement of Time to Respond to

Complaint 7 . UPON CONSIDERATION of the Motion, thepertinent portions of the record, and being otherwise fully advisedin the premises, it is ORDERED AND ADJUDGED that theMotion 7 is GRANTED IN PART. The deadline by whichDefendant must file its response is June 20, 2011 Responses dueby 6/20/2011. Signed by Judge K. Michael Moore on 6/7/2011.(rg1) (Entered: 06/07/2011)

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11-61058-Civ-MOORE/TORRES

May 9, 2011



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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 11-61058-Civ-MOORE/TORRES

SCOTT GREGORY BEACH,

Plaintiff,

vs.

FEDERAL RESERVE BANK OF ATLANTA,

Defendant.

/

DEFENDANT FEDERAL RESERVE BANK OF ATLANTA'S MOTION FOR

ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT

Defendant, Federal Reserve Bank of Atlanta, respectfully requests an enlargement of

time to respond to the pro se Complaint (the "Complaint") filed by Plaintiff, Scott Gregory

Beach, up to and including June 29, 2011. In support thereof, counsel for Defendant states as

follows:

1. Defendant was served for the first time in this action on May 19, 2011.

2. Based on the apparent belief that the Federal Reserve Bank of Atlanta is a United

States agency, the summons issued by the Clerk of Courts mistakenly states that Defendant shall

have sixty (60) days to respond to the Complaint. However, the Federal Reserve Bank of Atlanta

is not a United States agency,1

therefore, the deadline for Defendant to respond to the Complaint

is currently June 9, 2011.

3. Defendant now requests an additional twenty (20) days to respond to the

Complaint, up to and including June 29, 2011, as undersigned counsel has only recently been

retained and needs additional time to investigate the legal and factual issues presented by the

case to adequately prepare a response.

1The Federal Reserve Banks operate as independent private corporations, not as Federal

agencies. See 12 U.S.C. § 341 (2010).




{M3059589;1}

-- 2 --

4. This motion is filed in good faith and not for purposes of delay.

5. No party will be harmed by granting the relief requested.

WHEREFORE, Defendant, Federal Reserve Bank of Atlanta, respectfully requests that

the Court enter an Order granting (i) an extension of time for Defendant to respond to the

Complaint filed by Plaintiff, Scott Gregory Beach, up to and including June 29, 2011; and (ii)

such other and further relief as the Court may deem just and proper.

Date: June 6, 2011

Respectfully submitted,

AKERMAN SENTERFITT

One S.E. Third Avenue25th Floor

Miami, FL 33131-1714

Tel. 305-374-5600

Fax 305-374-5095

By: s/Michael O. Mena

Michael O. Mena, Esq.Florida Bar No. 010664

E-mail: [email protected]

Attorneys for Defendant, Federal Reserve Bank of

Atlanta




{M3059589;1}

-- 3 --

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served via

electronic transmission on all CM/ECF registered users on this 6th day of June, 2011, and by U.S.

Mail on:

Scott Gregory Beach (pro se)

2889 NW 91st

AvenueApartment 104

Coral Springs, Florida 33065-5071.

By: s/Michael O. Mena

Michael O. Mena, Esq.




UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 11-61058-Civ-MOORE/TORRES

SCOTT GREGORY BEACH,

Plaintiff,

vs.

FEDERAL RESERVE BANK OF ATLANTA,

Defendant.

/

ORDER GRANTING MOTION FOR ENLARGEMENT OF TIME

TO RESPOND TO COMPLAINT

THIS MATTER is before the Court on Defendant, Federal Reserve Bank of Atlanta's

Motion for Enlargement of Time to Respond to Complaint served on May 19, 2011. Having

reviewed the motion and being otherwise duly advised in the premises, it is hereby

ORDERED that Defendant's Motion for Enlargement of Time to Respond to Complaint

is GRANTED. Defendant shall file a response to the Complaint by no later than June 29, 2011.

DONE AND ORDERED in Chambers, Miami, Florida this _____ day of

_____________, 2011.

______________________________

United States District Court Judge

cc: Counsel of Record

Case 0:11-cv-61058-KMM Document 7-1 Entered on FLSD Docket 06/06/2011 Page 1 of 1

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