Timothy W. Weber Motion to Supplement Record
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Transcript of Timothy W. Weber Motion to Supplement Record
U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARK A ADAMS, Appellant, vs. Case No. 8:08-cv-1570-T-26 CORPORATE SPORTS MARKETING GROUP, INC. et al.,
Appellees. _______________________________/
APPELLEES’ MOTION TO SUPPLEMENT THE RECORD ON APPEAL AND EXTEND THE TIME PERIOD FOR FILING AN ANSWER BRIEF TO ONE WEEK FOLLOWING THE TRANSMITTAL OF THE COMPLETE RECORD
Appellees, CORPORATE SPORTS MARKETING GROUP, INC., et al., by
and through their undersigned counsel, move this Court for the entry of an Order
permitting supplementation of the record on appeal with the documents itemized
on the attached list and extending the time for Appellees to file and serve their
answer brief to one week after the transmittal of the supplemental record, and as
grounds would show:
1. This is an appeal from a Default Judgment entered against
Appellant on April 22, 2008 in Adversary Case No. 8:06-ap-00185-PMG based
upon Appellant’s intentional refusal to answer the Complaint after being given at
least four opportunities. Appellant also seeks relief from the subsequent Order
Denying Discharge of Debtor entered on April 23, 2008 in Bankruptcy Case No.
8:05-bk-29501-PMG, based upon the Default Judgment in the Adversary
Proceeding.
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2. After initiating this appeal, Appellant failed to file and serve a
designation of the items to be included in the record on appeal or a statement of
the issues to be presented as required by Fed.R.Bank.P. 8006. As a result, the
Clerk of the Bankruptcy Court transmitted a limited record to this Court on August
15, 2008. (Docs. 1-2)
3. After Appellant failed to file his initial brief on time, this Court
entered an Order directing Appellant to file his initial brief on or before September
8, 2008. (Doc. 6)
4. On September 8, 2008, Appellant sought an extension of time and
complained that the Clerk of the Bankruptcy Court had not transmitted a
complete record. (Doc. 7)
5. On September 9, 2008, this Court ordered the Appellant to insure
that the “entire record on appeal” be filed with the Clerk of this Court on or before
September 23, 2008. (Doc. 8)
6. On September 22, 2008, Appellant filed in the Bankruptcy Court a
designation of items to be included in the record on appeal and a statement of
the issues to be presented designating only portions of the record to be
transmitted.
7. On September 29, 2008, the Clerk of the Bankruptcy Court, rather
than transmitting the entire record ordered by this Court, only transmitted the
incomplete record designated by the Appellant. (Docs. 9-11) As Appellant’s
appeal raises entirely procedural issues, the procedural course of the case is
important for a full exposition. Also, Appellant has omitted important and
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significant documents, such as the complaint and amended complaint in the
adversary proceeding, documents evidencing that Appellant did not timely file his
bankruptcy schedules and statement of financial affairs and sought an extension
of time to do so, documents evidencing that Appellees withdrew a timely filed
objection to discharge and dischargeability based upon the Bankruptcy Court’s
extension of time, and many other extensions of time sought and obtained by
Appellant in the course of the bankruptcy proceeding.
8. As a result of the confusion and procedural irregularity caused by
the pro se Appellant’s actions, Appellees have never been afforded an
opportunity to file a designation of additional items to be included in the record.
9. In order to permit this case to be decided on a complete record,
Appellees would request that this Court enter an Order directing the Bankruptcy
Clerk to transmit to this Court the items identified on the attached list.
10. Appellees have been diligently preparing the Answer Brief but will
not be able to conclude the brief with appropriate record citations until after the
record is supplemented. Appellees would request that the Court allow one week
following the supplementation of the record for Appellees to file and serve the
Answer Brief.
11. No party will be prejudiced by the Court’s granting the relief
requested herein. A denial would severely prejudice Appellees.
WHEREFORE Appellees, CORPORATE SPORTS MARKETING GROUP,
INC. et al., move this Honorable Court for the entry of an Order permitting
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supplementation of the record and extending the briefing schedule and granting
such other and further relief as the Court deems proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 14, 2008, I electronically filed the
foregoing with the Clerk of Court by using the CM/ECF system. I further certify
that I mailed the foregoing document and the notice of electronic filing by first-
class mail to the following non-CM/ECF participant: Mark A. Adams, 4129
Ballington Dr., Valrico, FL 33594.
s/ Timothy W. Weber TIMOTHY W. WEBER, ESQUIRE Florida Bar No. 86789 Battaglia, Ross, Dicus & Wein, P.A. Wachovia Bank Building 980 Tyrone Boulevard P.O. Box 41100 St. Petersburg, Florida 33743 (727) 381-2300 (727) 343-4059 (facsimile) [email protected] Attorneys for Appellees
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U.S. Bankruptcy Case No. 8:05-bk—29501-PMG
DKT # DOCUMENT 4 Notice of Deficient Filing. Summary of Schedules A-J, Statement of
Financial Affairs, State of Intention, Filing Fee. 7 Motion to Extend Time to File Documents and Pay Filing Fee 8 Order Granting Motion to Extend Time to File Documents 10 Motion to Extend Time to File Documents 11 Summary of Schedules, Schedules A-J 12 Order Granting Motion for Extension of Time to File Documents till
11/25/05 22 Objection to Discharge and Dischargeability 23 Order of Conditional Dismissal Re: pleading not filed in compliance 27 Notice of Withdrawal, Without Prejudice, of Objection to Discharge
and Dischargeability
U.S. Bankruptcy Adversary Proceeding Case No. 8:06-ap—00185-PMG
DKT # DOCUMENT
3 Amended Complaint 28 Motion to Extend Time to File Motion for Leave to Appeal or File
Notice of Appeal of Order on Debtors Motion to Dismiss; Motion to Enter Judgment of Dismissal, Plaintiff’s Motion to Substitute Party and Extend Time Period for Service and Defendant Lisa Adams’ Motion to Quash Service of Process and to Dismiss Adv.
29 Order Granting Motion to Extend Time to File Response to the
Complaint 30 Order Granting Motion to Extend Time to File Notice of Appeal 40 Motion to Extend Time to File Motion for Leave to Appeal or File
Notice of Appeal
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DKT # DOCUMENT 44 Response to Motion to Enlarge Time to File Motion for Leave to
Appeal or File Notice of Appeal 60 Order Granting Motion to Extend Time to File Motion for Leave to
Appeal or File Notice of Appeal 70 Motion to Enlarge Time to File Motion for Leave to Appeal or File
Notice of Appeal of Order on Plaintiff’s Motion for Entry of Default Against Defendant Lisa Adams and the Entry of Default by the Clerk
71 Motion to Enlarge Time to File Motion for Leave to Appeal or File
Notice of Appeal of Order on Plaintiff’s Motion for Entry of Default Against Defendant Law Office of Mark A. Adams, P.A. and the Entry of Default by the Clerk
72 Motion to Enlarge Time to File Motion for Leave to Appeal or File
Notice of Appeal of Order on Debtor’s Motion to Enlarge Time to File Motion for Leave to Appeal or File Notice of Appeal and Debtor’s Motion to Enlarge Time to File Response to the Complaint
73 Order Denying Motion to Enlarge Time to File Motion for Leave to
Appeal or File Notice of Appeal of Order on Plaintiff’s Motion for Entry of Default Against Defendant Lisa Adams and Entry of Default by the Clerk
74 Order Denying Motion to Enlarge Time to File Motion for Leave to
Appeal or File Notice of Appeal of Order on Plaintiff’s Motion for Entry of Default Against Defendant Law Office of Mark A. Adams, P.A. and the Entry of Default by the Clerk
75 Order Denying Motion to Enlarge Time to File Motion for Leave to
Appeal or File Notice of Appeal of Order on Debtor’s Motion to Enlarge Time to File Motion for Leave to Appeal or File Notice of Appeal and Debtor’s Motion to Enlarge Time to File Response to the Complaint
81 Notice of Preliminary Hearing on Renewed Motion for Default
Judgment and Default