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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

BROWARD DIVISION

 

In re:

SEVEN STARS ON THE HUDSON

CORPORATION, d/b/a ROCKIN’ JUMP Case No. 20-19106 - SMG

Chapter 11

Debtor,

____________________________________

SEVEN STARS ON THE HUDSON Adversary Proceeding

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

 Plaintiff

v.

MDG POWERLINE HOLDINGS, LLC

AND XBK MANAGEMENT LLC,

d/b/a XTREME ACTION PARK,

Defendants.

___________________________________

PLAINTIFF’S MOTION TO EXTEND 

SCHEDULING ORDER DEADLINES

Plaintiff -Debtor Seven Stars on the Hudson (“Debtor”), by and through its undersigned 

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

both the Fact and Expert discovery deadlines. Plaintiff requests the extension of the fact discovery 

deadline to May 14, 2021 and the extension of the expert deadline by sixty (60) days from May 

15, 2021 (the current deadline) to July 14, 2021, and to amending the current scheduling order to 

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reflect these changes (“Motion for Extension of the Discovery Deadlines”). This is the Third 

Request for an extension. In support of the Motion for Extension of the Discovery Deadlines, the 

Debtor states as follows.

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

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. In light of the filing of the Second Amended Complaint and because a Judicial Settlement 

Conference was contemplated, the parties jointly agreed, subject to the approval of the 

Court, to seek their first extension- a sixty day extension of the scheduling order deadlines. 

An Agreed Motion was filed on January 15, 2021 (DE # 120). 

4. Since that time, the parties continued through discovery. Plaintiff responded to additional 

document discovery served by Defendant MDG. As explained in Plaintiff-Debtor’s second

motion (DE#141), Plaintiff’s daughter has undergone several medical procedures due to a 

clotting issue. Her last procedure was completed on April 22, 2021.

5. Despite this, Ms. Berding made herself available for a deposition on April 19, 2021. 

Unfortunately, the Defendants were unable to complete Ms. Berdings’ deposition that day. 

In addition, the Berdings’ daughter had to undergo an additional procedure on April 22, 

2021. In light of this, all counsel agreed to complete her deposition on May 10, 2021 which 

was the only date available for the parties and all counsel. Xtreme’s corporate witness was 

deposed on April 26, 2021 and MDG Powerline Holding’s corporate witness will be 

deposed on April 30, 2021 per the agreement of the parties.

6. Because the Defendants requested Mr. Berding, he will be deposed on May 11, 2021. 

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Plaintiff has also served a formal notice to depose Mr. Dezer, having previously requested 

him as a witness. Although he has been noticed for a deposition on May 14, 2021, it is my 

understanding that MDG Powerline Holdings’ counsel is checking on his availability. The

completion of his deposition would essentially complete fact discovery.

7. The Plaintiff further requests a third extension of the deadline for expert discovery which 

is set to expire on May 14, 2021. See DE # 141. Expert discovery in this case was 

anticipated from the beginning on the issue of damages. However, Plaintiff was waiting 

for the approval of a litigation funding agreement that would give it the monetary resources 

to hire experts.

8. The order approving a litigation funding agreement was entered on April 19, 2021. 

Plaintiff is in the process of finalizing a decision on experts and once retained, the expert 

will need the sixty days to investigate and prepare a report and for expert depositions to 

take place. 

9. Each of the approved scheduling orders entered in this case, reflected the sixty day period 

for expert discovery would follow the completion of fact discovery. See DE # 86 (fact 

discovery deadline of January 15, 2021, expert discovery deadline March 15, 2021); DE # 

120 (fact discovery deadline January 15, 2021, expert discovery deadline March 15, 2021); 

DE # 141 (fact discovery deadline March 16, 2021, expert discovery deadline May 14, 

2021).

10. Although the Defendants agreed in the past to extend the expert discovery deadline, they 

will not agree to any such extension this time. No reason was given. I have reached out to 

counsel for defendants earlier today to determine if they: (a) agree to extend the fact 

discovery deadline to May 14th which shall include the deposition of Michael Dezer, and/or 

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(b) agree to the requested extension of expert discovery. I have not heard back from 

counsel.

11. Without the ability to conduct expert discovery, Plaintiff will have difficulty proving the 

economic damages that it believes has occurred as a result of Defendants’ wrongful 

conduct.

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

the Court enter an order extending both fact discovery and expert discovery for the reasons 

set forth above and grant such other and further relief to Plaintiff-Debtor as is just and 

equitable in the circumstances.

Dated: April 28, 2021

Respectfully submitted,

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

515 N. Flagler Dr., Ste. P300

West Palm Beach, FL 33401

Tel: Office: (561) 293-8514/(917) 301-2437

Fax No. (800) 395-8692

Email: kdaly@kadalylaw.com

By: ______/s/ Kathleen A. Daly_____

Kathleen A. Daly

Fla. Bar. No. 112438

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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 April 28, 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 A. Hiaasen, Esq.

COFFEY BURLINGTON, P.L.

2601 South Bayshore Drive, Penthouse One

Miami, FL 33133

Tel: (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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