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Filed: 3/16/2021 10:47 AM
`Clerk
`Marion County, Indiana
`
`IN THE MARION COUNTY SUPERIOR COURT
`
`CAUSE NO. 49D07-2102-CT-004533
`
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`) SS:
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`STATE OF INDIANA
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`COUNTY OF MARION
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`JERRY GRAY,
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`Plaintiff,
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`v.
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`JAVO BEVERAGE COMPANY, INC.,
`and DAVID ERIC BOSTWICK,
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`Defendants.
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`DEFENDANT DAVID ERIC BOSTWICK’S MOTION FOR
`AUTOMATIC ENLARGEMENT OF TIME TO ANSWER COMPLAINT
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`Comes now Defendant David Eric Bostwick (“Bostwick”), by counsel, pursuant to Ind.
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`Trial Rule 6(B)(1) and Marion County LR49-TR5 Rule 203(D), and for its Motion for Automatic
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`Enlargement of Time to Answer Complaint, states:
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`1.
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`2.
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`3.
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`Plaintiff’s Complaint was filed on February 9, 2021.
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`As of the date of this filing, Bostwick has not been validly served with process.
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`Bostwick’s answer or other responsive pleading is not yet due because he has not
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`yet been served. However, Bostwick will Answer or otherwise respond (which may include a
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`motion to dismiss based on failure of service) on or before the deadline date requested in this
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`Motion.
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`4.
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`Bostwick moves this Court for an automatic 30-day enlargement of time, up to and
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`including April 19, 2021, to respond to Plaintiff’s Complaint.
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`5.
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`No prior enlargements of time have been requested by Bostwick.
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`

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`WHEREFORE, Defendant David Eric Bostwick, by counsel, respectfully requests the
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`Court to enter an order granting an automatic 30-day enlargement of time, up to and including
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`April 19, 2021, within which to respond to Plaintiffs Complaint.
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`Date: March 16, 2021
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`Respectfully submitted,
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`/5/ Steven K. Hufier
`Steven K. Huffer, Atty. No. 8459—49
`S.K. HUFFER & ASSOCIATES, PO
`
`12805 East New Market Street, Suite 100
`
`Indianapolis, IN 46032
`Telephone: (317) 564-4808
`E-mail: steveh@hufferlaw.com
`
`Attorneyfor Defendant, David Eric Bostwick
`
`CERTIFICATE OF SERVICE
`
`I certify that on the 16th day of March, 2021,
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`the foregoing Defendant David Eric
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`Bostwick’s Motion for Automatic Enlargement of Time to Answer Complaint was electronically
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`filed using the Indiana E-Filing System (IEFS). The undersigned further certifies that a true copy
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`of the foregoing document was served upon the following persons via IEF S.
`
`Brandon E. Tate
`brandongthbfs—lawcom
`Waldron Tate Bowen Funk Spandeau LLC
`156 East Market Street
`5th Floor
`Indianapolis, IN 46204
`
`Attorney for Plaintifl
`
`Gregory W. Guevara
`gguevara@boselawcom
`Tyler J. Moorehead
`
`tmoorhead@boselaw.com
`Bose McKinney & Evans, LLP
`11 1 Monument Circle, Suite 2700
`Indianapolis, IN 46204
`
`Attorneyfor Defendant
`Javo Beverage Company, Inc.
`
`/s/ Steven K. Huffer
`Steven K. Huffer
`
`

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