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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 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)
twebe@brdwlaw.com
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