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UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

OFFICE OF THE ATTORNEY GENERAL,

STATE OF FLORIDA,

DEPARTMENT OF LEGAL AFFAIRS,

Plaintiff,

v. CASE NO.: 1:22-cv-23945-JEM

SMARTBIZ TELECOM LLC,

A Florida limited liability company,

Defendant.

/ 

UNOPPOSED MOTION TO CONTINUE TRIAL 

Plaintiff, Office of the Attorney General, State of Florida, Department of 

Legal Affairs (“Attorney General”), respectfully requests a continuance of the trial 

period currently set to commence on Monday, October 21, 2024. [ECF No. 106].

The undersigned is currently set for trial in another matter which will commence on 

October 14, 2024, and is expected to last approximately three weeks. Accordingly, 

the Attorney General respectfully requests a continuance of at least thirty (30) days, 

and in support thereof further states as follows. 

1. Counsel for the Attorney General is also counsel of record in the matter 

State of Florida v. MV Realty PBC, LLC, et al., Case No. 2022-CA-009958 (FL 13th

Jud. Cir.) (“MV Realty case”). On May 19, 2023, the court presiding over the MV 

Realty case set the matter for trial during a six-week trial period commencing 

Case 1:22-cv-23945-JEM Document 111 Entered on FLSD Docket 09/23/2024 Page 1 of 5
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September 23, 2024. Subsequently, on September 6, 2024, the court set the MV 

Realty case for trial commencing October 14, 2024. The trial is reasonably expected 

to last approximately fifteen business days, to on or about November 1, 2024. 

2. On August 6, 2024, this Court set the instant case for trial during the 

trial period commencing October 21, 2024, which conflicts with the previously set 

trial period in the MV Realty case.

3. Counsel for the Attorney General expects to play a significant role in 

the upcoming trial in the MV Realty case and anticipates conducting the direct 

examination of approximately ten witnesses. The Attorney General’s trial team will 

be prejudiced if the undersigned counsel is unable to participate in trial in the MV 

Realty case.

4. The Attorney General respectfully submits that good cause exists to 

continue the trial date in the instant case to allow counsel to attend both trials.

5. Additionally, the parties are engaged in good faith settlement 

negotiations in light of the Court’srecent Order on the parties’ Motions for Summary 

Judgment, [ECF No. 110]. A brief continuance would allow the parties to continue 

these negotiations and potentially avoid trial on the remaining element of the 

Attorney General’s claims. 

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MEMORANDUM OF LAW

A case management and scheduling order “may be modified only for good 

cause and with the judge's consent.” Fed. R. Civ. P. 16(b)(4). 

“This good cause standard precludes modification unless the schedule cannot be met 

despite the diligence of the party seeking the extension.” See Sosa v. Airprint Sys., 

Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (per curiam) (internal quotation marks 

omitted). As stated above, the Attorney General has met the good cause standard 

because it cannot adequately prepare for and attend trial in this matter due to a 

previously scheduled trial. The Attorney General respectfully submits that good 

cause exists for a thirty (30) day continuance. Despite diligent efforts, the Attorney 

General would be prejudiced if the undersigned counsel is unable to attend either the 

trial set in this matter or the MV Realty case due to the unavoidable scheduling 

conflict.

CONCLUSION

WHEREFORE, the Attorney General respectfully requests the Court continue 

calendar call and the trial period for at least thirty days, such that calendar call not 

be set earlier than Monday, November 18, 2024. 

CERTIFICATE OF CONFERRAL

Counsel for the Attorney General has conferred in writing with counsel for 

Defendant who has advised that the Defendant does not oppose the relief requested.

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Dated: September 23, 2024. 

Respectfully Submitted,

ASHLEY MOODY

Attorney General of the State of Florida 

/s/ Patrick Crotty 

Patrick Crotty

Florida Bar # 108541

Special Counsel, Assistant Attorney General

Office of the Attorney General

Consumer Protection Division

3507 E. Frontage Road, Suite 325

Tampa, FL 33607

Phone: 813-287-7950

Fax: 813-281-5515

Patrick.Crotty@myfloridalegal.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 23, 2024, I electronically filed the 

foregoing with the Clerk of Court by using the CM/ECF system and thereby served 

the other parties of record.

/s/ Patrick Crotty

Patrick Crotty

Special Counsel, Assistant Attorney General

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