1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

In re SLEP-TONE ENTERTAINMENT 

CORP., consolidated cases. 

Civil Action No. 

5:11-cv-00032-RS/CJK 

PLAINTIFF’S MOTION TO CONTINUE TRIAL 

 The Plaintiff, Slep-Tone Entertainment Corporation, by its counsel, hereby 

moves to continue the trial of this matter from June 13, 2012, to a date at least one 

month later, subject to the Court’s docket. 

1. Slep-Tone is in need of the additional time to prepare for trial because 

its efforts to complete discovery in a timely fashion have been delayed through no 

fault of Slep-Tone’s. Slep-Tone has not yet been able to inspect certain items of 

critical importance to its case-in-chief that are in the possession of Donovan’s Reef 

Lounge & Package Store, Inc. (“DR”) and Green Glass Mall, Inc. (“GGM”). 

2. Slep-Tone’s original discovery request covering these items was made 

on December 2, 2011. Despite repeated requests and promises to respond, DR and 

GGM failed to respond to those discovery requests until shortly before the 

discovery deadline, March 26, 2012. On April 20, 2012, Slep-Tone timely filed a 

motion to compel responses, specifically to include access to inspect certain times. 

That motion was originally scheduled for hearing before Magistrate Judge Kahn on 

Case 5:11-cv-00032-RS-CJK Document 173 Filed 05/30/12 Page 1 of 5
2

May 2, 2012, immediately prior to a judicial settlement conference on that date. 

The conference was then postponed by approximately two weeks at the request of 

Defendant Kevin Shorette, but the motion was not then taken up. Instead, the 

motion was heard at the settlement conference on May 15, 2012. Judge Kahn 

indicated his inclination to grant the motion and requested that the parties submit 

an agreed upon order. 

3. Because of health issues related to surgical complications, SlepTone’s counsel was unable to submit a proposed order to counsel for DR and 

GGM until May 21, 2012. DR and GGM’s counsel requested extensive revisions, 

and an agreement could not be reached until May 29, 2012, on the final language 

to the order, at which point the order was submitted to Judge Kahn. 

4. The proposed order has not, at this writing, been entered. As such, the 

parties have been unable to schedule the inspection. It should be noted, also, that 

inasmuch as the inspection necessarily requires travel for multiple persons and the 

coordination of multiple schedules, it is difficult to schedule the inspection without 

significant notice. 

5. At this late date, even if the order were entered today, it would be 

difficult for the Plaintiff and its counsel to (a) schedule the inspection, (b) deal with 

numerous pretrial matters, including coordinating the development of stipulations, 

(c) prepare its witnesses to give testimony, and (d) analyze the evidence inspected. 

Case 5:11-cv-00032-RS-CJK Document 173 Filed 05/30/12 Page 2 of 5
3

The Plaintiff needs approximately one month to complete its trial preparations and 

requests a continuance of that length. 

6. The Plaintiff is mindful of the Court’s desire to bring this case to a 

close. However, requiring the Plaintiff to go to trial on June 13, 2012, as is 

presently scheduled, will effectively reward DR and GGM for their delay and 

refusal to cooperate in discovery by undermining the Plaintiff’s ability to present 

its case based upon evidence that should have been available to it much earlier. 

7. Counsel for DR and GGM indicated that they do not oppose the 

proposed continuance. Counsel for the Plaintiff was unable to reach Defendants 

Paynter and Shorette or counsel for Tequila Mexico of Pensacola, Inc. by 

telephone to confer on the matter. 

 WHEREFORE, the Plaintiff respectfully requests that the trial of this matter 

be continued to a date that is at least one month later than currently scheduled, and 

that other pretrial dates be reset accordingly. 

 If the Court is disinclined to grant the motion, the Plaintiff respectfully 

requests that the final pretrial conference be continued to June 6, 2012. Counsel is 

set for a scheduling conference in CAVS USA Inc. v. Slep-Tone Entertainment 

Corp., No. 2:11cv05574-DDP-JEM, on June 4, 2012, at 3:30 p.m. in Los Angeles, 

California, at which his attendance has been specifically ordered and which has 

already been continued once. The only flight schedule that would allow 

Case 5:11-cv-00032-RS-CJK Document 173 Filed 05/30/12 Page 3 of 5
4

participation at both the scheduling conference in Los Angeles and the presently 

scheduled pretrial conference in Panama City is an overnight flight, and in 

counsel’s experience, it would be difficult for him to participate effectively in a 

final pretrial conference on such little rest. 

 Respectfully submitted this the 30th day of May, 2012. 

 HARRINGTON LAW, P.C. 

 By: s/James M. Harrington 

 James M. Harrington 

 N.C. State Bar No. 30005 

 jharrington@harringtonlawpc.com 

 Attorney for the Plaintiff 

 HARRINGTON LAW, P.C. 

 P.O. Box 403 

 Concord, NC 28026-0403 

 Tel: 704-315-5800 

 Fax: 704-625-9259

Case 5:11-cv-00032-RS-CJK Document 173 Filed 05/30/12 Page 4 of 5
5

CERTIFICATE OF SERVICE 

 I hereby certify that the foregoing paper is being filed on the date indicated 

below using the Clerk’s CM/ECF system, which will send a Notice of Electronic 

Filing to counsel of record as follows: 

KARL JEFFREY REYNOLDS - kjreynolds924@earthlink.net 

VINCENT BRIAN LYNCH - vlynch@floridalawyer.com 

STEVEN MITCHELL DEVER mitchdever@comcast.net 

Service on the following CM/ECF non-participants is being made on the same date 

by depositing a copy of same as First Class Mail, postage prepaid, in envelopes 

addressed to: 

ROBERT L. PAYNTER, SR. 

9083 SEAFAIR LN 

TALLAHASSEE FL 32317‐8188 

KEVIN SHORETTE 

14 NE 243RD AVE 

CROSS CITY FL 32628 

Date: May 30, 2012 s/James M. Harrington 

Case 5:11-cv-00032-RS-CJK Document 173 Filed 05/30/12 Page 5 of 5