Mirabilis Ventures, Inc. et al v. Palaxar Group, LLC et al

MOTION for extension of time until 5/16/11 to file response as to [418], [420] and [416] MOTIONS for summary judgment

M.D. Fla.April 20, 2011

1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MIRABILIS VENTURES, INC. and NEXIA STRATEGY CORPORATION, Plaintiffs, -vs.- PALAXAR GROUP, LLC; PALAXAR HOLDINGS, LLC; FRANK HAILSTONES; EDITH CURRY a/k/a EDITH BROADHEAD; and TERENCE CHU, Defendants, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 6:07-CV-1788-ORL-28-JA-GJK vs. MIRABILIS VENTURES, INC., et al. Counterclaim and Third Party Defendants. ) ) ) ) ) COUNTERCLAIM AND THIRD PART PLAINTIFFS’ AGREED (IN PART) MOTION TO EXTEND TIME Counterclaim/Third Party Claimants Edith Curry and Frank Hailstones respectfully move the Court for an Order Extending the Time for them to respond Counterclaims Defendants’ Motions for Summary Judgment, and in support of this Motion, state as follows: 1. On March 24, 2011, Third Party Defendant Yaniv Amar filed a Motion for Summary Judgment (DE 416). 2. On March 27, 2011, Counsel for Third Party Defendant Matthew S. Mokwa filed a Motion for Summary Judgment (DE 418). 3. On March 28, 2011, Counsel for Third Party Defendant Aaron Bates filed a Motion for Summary Judgment (DE 420). Case 6:07-cv-01788-JA-GJK Document 426 Filed 04/20/11 Page 1 of 3 PageID 11526 2 4. On April 14, 2011, Dr. J. Edward Balthrop, Jr., the father of Kathleen Havener, co- counsel for Ms. Curry and counsel for Mr. Hailstones, the Counterclaim Plaintiffs, passed away. The funeral Mass for Dr. Balthrop is to be celebrated on April 28, 2011 in Pensacola, Florida. 5. According to the new Case Management Order (DE 408), responses to the Motions for Summary Judgment are due May 2, 2011. 6. Due to the death of and funeral services for Ms. Havener’s father, Counterclaim Plaintiffs respectfully request an extension of two weeks, until May 16, 2011, to respond to the Counterclaim Defendants’ three Motions for Summary Judgment. LOCAL RULE 3.01(g) CERTIFICATION Counsel for Counterclaim/Third Party Plaintiffs, by his signature below, certifies that Ms. Havener has conferred with counsel for Counterclaim Defendants Matthew S. Mokwa and Aaron C. Bates and they have no objection to the requested extension of time. Ms. Havener has been unable, despite repeated attempts, to reach Mr. Amar, who is unavailable to confer until April 25 th due to the Passover holiday. Date: April 20, 2011 KATHLEEN B. HAVENER THE HAVENER LAW FIRM, LLC 15511 Russell Road Chagrin Falls, OH 44022 Phone: 440-893-0188 Cell: 216-288-6009 Fax: 440-893-9326 kbhavener@havenerlaw.com Counsel for Third Party Plaintiffs Curry and Hailstones Respectfully submitted, s/ Martin R. Raskin MARTIN R. RASKIN Florida Bar No. 315206 JANE SERENE RASKIN Florida Bar No. 848689 RASKIN & RASKIN, P.A. 866 South Dixie Highway Coral Gables, Florida 33146 Telephone: (305) 444-3400 Facsimile: (305) 445-0266 mraskin@raskinlaw.com Counsel for Third Party Claimant Curry Case 6:07-cv-01788-JA-GJK Document 426 Filed 04/20/11 Page 2 of 3 PageID 11527 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 20, 2011, I electronically filed the foregoing Counterclaim And Third Part Plaintiffs’ Agreed (In Part) Motion To Extend Time with the Clerk of Court using the CM/ECF system, which will send a notice of electric filing to all registrants in that system. I further certify that I have caused the foregoing to be served by the means indicated upon the following: Yaniv Amar (via email) Adam Loewy (via email) Frank L. Amodeo B-3 (via Priority Mail) 48883-019 Federal Correctional Complex – Low P.O. Box 1031 Coleman, FL 33521 /s/ Martin R. Raskin_______ MARTIN R. RASKIN Case 6:07-cv-01788-JA-GJK Document 426 Filed 04/20/11 Page 3 of 3 PageID 11528