IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

HAROLD KELLY MURPHY, * 

 * 

 Plaintiff, * 

 * 

v. * Case No.: 3:06-cv-618-MEF 

 * 

SOUTHERN ENERGY HOMES, INC., * 

 * 

 Defendants. * 

MOTION TO MODIFY SCHEDULING ORDER

 Defendant, Southern Energy Homes, Inc. (“Southern Energy”), respectfully moves this 

Court to modify its scheduling order and, as grounds, therefore, states as follows: 

 1. On or about June 14, 2006, Harold Kelly Murphy (hereinafter referred to as 

“Plaintiff”) commenced the above-styled action against Southern Energy. 

 2. Southern Energy timely filed its answer. 

3. On August 22, 2006, this Court entered its Scheduling Order. Pursuant to this 

Order, the dispositive motion deadline is May 18, 2007, the Plaintiff’s Rule 26 expert 

information deadline is May 18, 2007, the deadline to conduct a face-to-face settlement 

conference is June 8, 2007 and Southern Energy’s Rule 26 expert information deadline is May 

18, 2007. 

4. Southern Energy requests that this Court enlarge the above-referenced deadlines 

by sixty (60) days to enable the parties to fully explore settlement. The parties have agreed to 

mediate this case in April of 2007. 

5. Moreover, Southern Energy also requests that these deadlines be enlarged to 

allow sufficient time for its experts to inspect the manufactured home at issue. As set forth in the 

Case 2:06-cv-00618-MEF-SRW Document 25 Filed 03/15/2007 Page 1 of 3
Complaint, Plaintiff alleges that his manufactured home is defective because the exterior walls of 

the home are constructed with an interior vapor barrier. During the course of discovery, 

Plaintiff has alleged that the home is “defective” because excessive moisture accumulates within 

the wall envelop during the summer months. Consequently, in order for Southern Energy to 

inspect the manufactured home during the time period upon which Plaintiff basis his claims, the 

deadlines set forth in paragraph 3 should be enlarged by sixty (60) days. 

 6. Neither party request that the trial setting of this case be moved. 

 7. Plaintiff does not object to this enlargement of time. 

 WHEREFORE, Southern Energy Homes, Inc. respectfully requests that this Court grant 

the instant motion and enlarge the requested deadlines by sixty (60) days. 

 Respectfully submitted, 

/s Mitchel H. Boles_ 

Mitchel H. Boles (ASB-0813-S69M) 

One of the Attorneys for Defendant 

Southern Energy Homes, Inc. 

OF COUNSEL: 

Mitchel H. Boles 

JOHNSTON BARTON PROCTOR & ROSE LLP 

2900 AmSouth/Harbert Plaza 

1901 Sixth Avenue North 

Birmingham, AL 35203-2618 

Telephone: (205) 458-9459 

Facsimile: (205) 458-9500 

E-mail: mboles@johnstonbarton.com

W. Scott Simpson 

SIMPSON LAW FIRM, P.C. 

3288 Morgan Drive, Suite 112 

Birmingham, Alabama 35216 

Telephone: (205) 822-3422 

Facsimile: (205) 822-3618 

Email: wssimpson@bellsouth.net

W0595806.DOC 2

Case 2:06-cv-00618-MEF-SRW Document 25 Filed 03/15/2007 Page 2 of 3
CERTIFICATE OF SERVICE

 I hereby certify that on 15th of March, 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 Mitchel H. Boles 

 Of Counsel 

W0595806.DOC 3

Case 2:06-cv-00618-MEF-SRW Document 25 Filed 03/15/2007 Page 3 of 3