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.

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 firstclass 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

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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

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