UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

BROWARD DIVISION

In re:

SEVEN STARS ON THE HUDSON

CORPORATION, d/b/a ROCKIN’ JUMP Case 20-19106 SMG

Chapter 11

Debtor,

____________________________________/

SEVEN STARS ON THE HUDSON Adversary Proceeding

CORPORATION, d/b/a ROCKIN’ JUMP, No. 19-01230

 Plaintiff

v.

 

MDG POWERLINE HOLDINGS, LLC

AND XBK MANAGEMENT LLC,

d/b/a XTREME ACTION PARK,

Defendants.

___________________________________

 

PLAINTIFF-DEBTOR’S MOTION TO 

EXTEND DISCOVERY DEADLINES

Plaintiff-Debtor, SEVEN STARS ON THE HUDSON CORP., by and through undersigned 

counsel and pursuant to Fed. R. Civ. P. 9006(b), moves this Court for entry of an Order enlarging 

the time for the completion of discovery by thirty (30) days. In support of the Motion, PlaintiffDebtor states as follows:

1. On November 2, 2020, the Court entered an Agreed Scheduling Order Setting Trial Date 

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and Pretrial Schedule (“Agreed Scheduling Order”).

2. Under the Agreed Scheduling Order, the parties were to complete Fact Discovery on or 

before January 15, 2021 and Expert Discovery on or before March 15, 2021 (DE # 86).

3. By Agreed Motion filed on January 15, 2021 (DE # 120), the parties sought a further 

extension to complete fact discovery for 60 days.

4. By way of background for purposes of this motion, on January 28, 2021, the Court entered 

an order permitting Plaintiff to file a Second Amended Complaint (DE# 138).

5. Defendants filed their respective Answers to the Second Amended Complaint on February 

11, 2021 (DE # 139 and 140). 

6. Since that time, Defendant MDG Powerline Holdings, LLC has served a further document 

demand related to the Second Amended Complaint. Plaintiff’s response is currently due 

on March 22, 2021.

7. Plaintiff served its Rule 30(b)(6) Notice in July 2020. On February 25, 2021, Plaintiff was 

served with Defendants’ Rule 30(b)(6) Notices.

8. The Plaintiff has been working diligently to complete discovery. On March 4, 2021 and in 

accordance with recently amended Fed. R. Civ. P. 30(b), the parties conducted a meet and 

confer regarding the planned depositions. At that time and because of the upcoming 

confirmation previously scheduled for March 16, 2021, the undersigned requested 

additional time to complete the depositions. Counsel for defendants would not consent 

initially, but the parties agreed that examinations could be completed following the 

originally scheduled confirmation hearing through the end of March. 

9. In addition, this Court has permitted Plaintiff to enter into a term sheet for the purpose of 

obtaining litigation funding. See DE # 138. As set forth in Plaintiff’s application to permit 

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it to enter into the agreement, said funding is necessary because of the expense of litigation. 

Said funding will be necessary to complete discovery and if necessary, proceed to trial. 

10. Finally, over the week-end, the Plaintiff’s principals had to rush their 14 year old daughter 

to the hospital with a very serious clotting condition that is impacting her heart and lungs. 

The Berdings’ daughter remains in intensive care and either one or both of the Berdings 

will remain at the hospital for the duration of their daughter’s care. In these circumstances, 

it has been extraordinarily difficult for the Berdings to concentrate on the needs of the case,

while simultaneously caring for their daughter and operating Plaintiff’s business.

11. The undersigned reached out to counsel for the Defendants again to see if they would 

consent to a request for an extension. The undersigned has not yet heard back from counsel.

12. The Plaintiff has acted diligently in prosecuting its claims. However, based on the 

foregoing, it finds it necessary to request additional time to complete fact discovery and 

then to proceed with the completion of expert discovery. It is anticipated that during this 

additional time, Plaintiff will also find out whether it will obtain the necessary funding 

from Legalist.

Wherefore, for the reasons set forth above, the Plaintiff-Debtor respectfully requests that 

the Court enter an order extending the discovery deadline for an additional thirty (30) days and 

grant such other and further relief to Plaintiff-Debtor as is just and equitable in the circumstances.

LAW OFFICE OF KATHLEEN A. DALY, P.A. 

/s/ Kathleen A. Daly 

By: Kathleen A. Daly 

515 Flagler Dr., Ste. P300 

West Palm Beach, FL 33401 

(917) 301-2437 

kdaly@kadalylaw.com 

Attorney for the Debtor 

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by Notice of Electronic 

Filing generated by CM/ECF and/or via email, on March 15, 2021, on all counsel or parties of 

record on the below/attached Service List. 

/s/ Kathleen A. Daly 

Kathleen A. Daly 

Service List

Jay M. Sakalo, Esq. 

BILZIN SUMBERG BAENA PRICE & AXELROD LLP 

1450 Brickell Avenue, 23rd Floor 

Miami, FL 33131 

Tel: (305) 374-7580 

Email: jsakalo@bilzin.com

Scott Hiaasen, Esq.

COFFEY BURLINGTON, P.L. 

2601 South Bayshore Drive, Penthouse One 

Miami, FL 33133 

305-858-2900 

Email: shiaasen@coffeyburlington.com

Attorneys for MDG Powerline Holdings, LLC

Kai Jacobs, Esq. 

Kai Jacobs, PA 

2222 Ponce de Leon Blvd 

Coral Gables, FL 33134 

Tel: (305) 768-9846 

Email: kj@sflblg.com 

Attorneys for XBK Management LLC

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