Error! Unknown document property name.

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA, 

NORTHERN DIVISION 

HAROLD KELLY MURPHY, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Case No.: 2:06-cv-618-MEF 

 ) 

SOUTHERN ENERGY HOMES, INC., ) 

et al., ) 

 ) 

 Defendants. ) 

MOTION TO AMEND INTERNAL DEADLINES IN SCHEDULING ORDER

COMES NOW the Defendant, Southern Energy Homes, Inc. (“Southern”), and 

respectfully submits the following motion to amend this Court’s Scheduling Order of 

April 4, 2007. As grounds therefor, Southern submits the following: 

1. This is a manufactured housing defect case set for trial on this Court’s jury 

term on February 4, 2008. Southern is NOT seeking to continue the current trial date. 

2. The discovery cutoff under the current Scheduling Order is December 21. 

Southern is NOT seeking to continue the discovery cutoff. 

3. However, according to the current Scheduling Order, Southern must file 

any dispositive motion on August 17, 2007. 

4. Plaintiff has pending before this Court a Motion for Leave to Amend his 

Complaint, attempting to emphasize new and different defect allegations with respect to 

the home. 

5. Since the Court has not yet ruled on Plaintiff’s Motion for Leave to 

Amend, Southern has not taken discovery on Plaintiff’s new theories, and it will be 

impossible for Southern to file a Motion for Summary Judgment by August 17th. 

Case 2:06-cv-00618-MEF-SRW Document 51 Filed 07/16/2007 Page 1 of 3
Error! Unknown document property name. 2

6. Accordingly, Southern requests that this Court continue the dispositive 

motion deadline until discovery is complete, December 21, 2007. 

7. Additionally, Plaintiff’s expert reports are currently due on July 18, 1007. 

The Defendant’s expert reports are due August 17, 2007. Accordingly, Southern wishes 

to amend the Scheduling Order to extend the time for exchanging expert reports for 

Plaintiff until October 18th and for Southern until November 17th. Obviously, the parties 

cannot file experts’ reports, etc. until they are certain what claims are going to be allowed 

in the case. 

8. As mentioned above, these extensions will not delay the trial of this case 

or the discovery cutoff. 

9. The Plaintiff does not oppose this motion. 

WHEREFORE, PREMISES CONSIDERED, Southern respectfully requests that 

the Court change the dispositive motion filing deadline from August 17, 2007, until 

December 21, 2007. Further, Southern respectfully requests that the Court extend 

Plaintiff’s expert report deadline from July 18th until October 18th and extend Southern’s 

expert report deadline from August 17th until November 17th. 

 Respectfully submitted, 

/s W. Scott Simpson__ 

W. Scott Simpson, Attorney for Defendant 

Southern Energy Homes, Inc. 

Case 2:06-cv-00618-MEF-SRW Document 51 Filed 07/16/2007 Page 2 of 3
Error! Unknown document property name. 3

OF COUNSEL: 

RITCHEY & SIMPSON, PLLC 

3288 Morgan Drive, Suite 100 

Birmingham, Alabama 35216 

Telephone: (205) 876-1600 

Facsimile: (205) 876-1616 

Email: wssimpson@ritcheysimpson.com 

Thomas W. Thagard, III 

Edward S. Sledge, IV 

MAYNARD, COOPER & GALES, P.C. 

1901 6th Avenue North, Suite 2400 

AmSouth/Harbert Plaza 

Birmingham, Alabama 35203-2618 

Telephone: (205) 254-1000 

Facsimile: (205) 254-1999 

CERTIFICATE OF SERVICE

 I hereby certify that on the 16th day of July, 2007, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system which will send 

notification of such filing to the following: 

• Charles Lance Gould

lance.gould@beasleyallen.com holly.stroh@beasleyallen.com 

• Carter Gibson Vance

gibson.vance@beasleyallen.com heidi.bowers@beasleyallen.com 

 /s W. Scott Simpson 

 Of Counsel 

Case 2:06-cv-00618-MEF-SRW Document 51 Filed 07/16/2007 Page 3 of 3