Case 8:14-ap-01160-MGW
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: PEOPLEWELL HR SOLUTIONS, LLC Case No. 8:14-bk-13688-CPM Chapter 11 Debtor. ________________________________________/ AKARSH KOLAPARTH and 7M TOURS, LLC Plaintiffs,
Adv. Pro. No.: 8:14-ap-01160-MGW
v. KIRAN C. PATEL; et al., Defendants. ________________________________________/ WIZCRAFT DEFENDANTS' MOTION TO CONTINUE TRIAL Defendants Wizcraft Entertainment USA, LLC, and Wizcraft International Entertainment Singapore PTE Ltd., (collectively with Wizcraft Entertainment USA, LLC “Wizcraft”), by and through undersigned counsel, pursuant to Federal Rules of Bankruptcy Procedure, hereby respectfully request that the Court continue the trial currently scheduled for August 15, 2016, and states as follows: 1.
On December 24, 2014, Plaintiffs Akarsh Kolaparth (“Akarsh”) and 7M Tours,
LLC (“7M Tours”) (collectively “Plaintiffs”) filed the original complaint in this matter. Doc. 1. 2.
Plaintiffs filed the Amended Complaint on April 30, 2015. Doc. 24.
3.
The Wizcraft Defendants filed a Motion to Dismiss the Amended Complaint on
August 14, 2015, and a Supplemental Motion to Dismiss (collectively, the “Motion to Dismiss”) on December 8, 2015. Docs. 78, 97.
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On February 16, 2016, the Court granted in part and denied in part the Motion to
Dismiss. 5.
As of the date of filing of this Motion, the time for Plaintiffs to file a Second
Amended Complaint has not yet elapsed. 6.
Because the pleadings are not yet settled, Wizcraft does not yet know if a second
motion to dismiss will be necessary, which would delay the progression of the case until resolution. Further, because the pleadings are not settled, Wizcraft has not yet been able to commence discovery. Even if no motion to dismiss is necessary, Wizcraft anticipates that the discovery process in this case will be lengthy, requiring multiple rounds of written discovery requests and numerous depositions. 7.
Because of the fact that the pleadings are not settled and lengthy factual discovery
has not yet commenced, Wizcraft respectfully requests that the August trial date be continued. Wizcraft believes a continuance of at least 6 months will be necessary.
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WHEREFORE, for the reasons stated above, Wizcraft respectfully requests that the Court enter an Order granting this Motion to Continue Trial, continuing the trial date at least six months, and granting such further relief as the Court deems necessary and proper. Dated: March 21, 2016
Respectfully Submitted, CENTRONE & SHRADER, PLLC 612 W. Bay Street Tampa, Florida 33606 Phone: (813) 360-1529 Fax: (813) 336-0832 __/s/Gus M. Centrone__________________ BRIAN L. SHRADER, ESQ. Florida Bar No. 57251 e-mail: bshrader@centroneshrader.com GUS M. CENTRONE, ESQ. Florida Bar No. 30151 e-mail: gcentrone@centroneshrader.com Attorneys for Wizcraft
CERTIFICATE OF SERVICE I hereby certify that on March 21, 2016, a true and correct copy of the forgoing was filed with the Clerk of Bankruptcy Court for the United States Bankruptcy Court for the Middle District of Florida through the CM/ECF system that will give notice to all parties of record.
__/s/ Gus M. Centrone_________ Attorney
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