UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

Roger Wright, )

)

Plaintiff, )

)

v. ) Civil Action No.: 1:06-CV- 647-WKW

)

Pemco World Air Services, Inc. )

)

Defendant. )

DEFENDANT’S MOTION FOR EXTENSION OF TIME

COMES NOW Defendant Pemco World Air Services, Inc. (“Pemco” or “Defendant”),

and hereby respectfully requests the Court extend all deadlines, or, in the alternative, the

deadlines for filing and briefing of dispositive motions and for conducting a face-to-face

settlement conference, by 45 days. In support of its motion, Defendant states as follows:

1. Pemco is currently under contract to be sold to a third-party. The purchase

agreement includes the purchase of the liability, if any, associated with this lawsuit. Pemco’s

shareholders are currently scheduled to meet on September 17, 2007 and vote on the final terms

of the sale. It is anticipated that the transaction will then close within four weeks of that vote.

The new owners will be responsible for the litigation thereafter.

2. The dispositive motion deadline is currently set for September 10, 2007 and the

deadline for counsel for the parties to conduct a face-to-face settlement conference is currently

set for October 1, 2007. The discovery cutoff is currently scheduled for November 23, 2007, and

the witness and exhibit lists are currently due to be exchanged on or before November 28, 2007.

3. As it currently stands, these deadlines are expiring at a time where it is unknown

who will have responsibility for this lawsuit. If the sale goes through as anticipated, the new

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owners might wish to participate in settlement negotiations before paying counsel to brief the

dispositive issues. Currently they have no authority to make such decisions.

4. The parties will continue to conduct any remaining discovery during the interim

period.

5. Although the requested extension of the dispositive motion and settlement

conference deadlines do not necessarily require an extension of all other deadlines, Defendant

respectfully requests that all deadlines be extended, including the current trial setting.

6. This extension will in no way prejudice Plaintiff and, to the contrary, will allow

both parties additional flexibility in the completion of discovery, briefing, and discussing

settlement. Counsel for the Defendant discussed this request for an extension with Plaintiff’s

counsel. Plaintiff’s counsel has indicated she is not opposed to a shorter extension of the

dispositive motion deadline or the settlement conference deadline, but is opposed to a 45 day

extension of all deadlines and settings.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests the Court

enter an order extending all existing deadlines 45 days, or, in the alternative, an order extending

the dispositive motion and face-to-face settlement conference deadlines 45 days.

Respectfully submitted,

s/ John B. Holmes, III

JEFFREY A. LEE

JOHN B. HOLMES, III

Attorneys for Defendant

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OF COUNSEL:

MAYNARD, COOPER & GALE, P.C.

2400 AmSouth/Harbert Plaza

1901 Sixth Avenue North

Birmingham, Alabama 35203-2618

Telephone: 205.254.1000

Facsimile: 205.254.1999

Emails: jlee@maynardcooper.com

jholmes@maynardcooper.com

CERTIFICATE OF SERVICE

I hereby certify that on September 7, 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:

Elizabeth B. Glasgow

Farmer, Price, Hornsby & Weatherford, L.L.P.

100 Adris Place (36303)

Post Office Drawer 2228

Dothan, Alabama 36302

s/ John B. Holmes, III

. OF COUNSEL

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