IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DAVID W. JAHN, )

 ) 

Plaintiff, )

 ) 

vs. ) Civil Action No.: 2:06-cv-623 

 ) 

REGINALD JAMES WASHINGTON, et al. ) 

 )

Defendants. ) 

 

DEFENDANT’S MOTION TO EXTEND DISPOSITIVE 

MOTION DEADLINE 60 DAYS

COME NOW, the Defendants Reginald James Washington (“Washington”) and Grocery 

Supply Company (“GSC”) (collectively “Defendants”) and file the following motion seeking to 

extend the dispositive motion deadline in this case by 60 days from July 3, 2007 until September 

3, 2007. In support of said motion, the Defendants would state unto the Court as follows: 

1. The Plaintiff David Jahn’s lawsuit was filed on or about June 1, 2006 in the 

Circuit Court of Butler County, Alabama. On or about July 17, 2006 the Defendants filed a 

Notice of Removal pursuant to 28 U.S.C. §§1332 & 1441(a) U.S. Code. This civil action 

involves Plaintiff’s claims in regards to injuries he sustained in a motor vehicle accident 

involving his pick up truck and a tractor trailer being driven by Defendant Washington in his 

employment with GSC on or about October 5, 2005. 

2. The parties in this case have been working diligently to complete necessary 

discovery so this case can be tried the week of November 5, 2007, as scheduled. In fact, several 

depositions have been completed in this case including: the Plaintiff’s deposition, the depositions 

of two of the Plaintiff’s treating physicians and the deposition of a witness to the accident. The 

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parties are working to schedule the depositions of Defendant Washington and a corporate 

representative of Defendant GSC for in late July or early August. Additionally, it is anticipated 

that depositions of any experts will be also taken on or before the deadline to complete discovery 

which is September 17, 2007. Accordingly, as this Court can see the parties have been active in 

conducting the necessary discovery to get this case ready for trial. 

3. The Defendants would request this Court extend the dispositive motion deadline 

of July 3, 2007, 60 days until September 3, 2007. The requested extension of the dispositive 

motion deadline would allow necessary depositions to take place, including those of Defendants 

Washington and GSC, which are anticipated to be pertinent to issues to be addressed by the 

parties through dispositive motions. It is likely that the Defendants will address Plaintiff’s 

claims of negligent entrustment and/or wantonness through dispositive motion, but until the 

depositions of Defendants Washington and GSC are taken the filing of any such motion on those 

claims would be premature. Accordingly, the Defendants request an additional 60 days to file 

any dispositive motions in this case in order to allow the parties time to complete necessary 

depositions prior to filing said motions. 

4. Plaintiff’s counsel has indicated he will not file any written opposition to this 

motion where all depositions have not yet been completed. In the interests of justice, Defendants 

request that the Court extend said dispositive motion deadline from July 3, 2007, until September 

3, 2007, to allow necessary discovery to be conducted prior to any dispositive motions being 

filed by the parties. 

WHEREFORE, PREMISES CONSIDERED, Defendants Reginald James Washington 

and Grocery Supply Company pray this Honorable Court will enter an Order extending the 

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dispositive motion deadline as set forth in the Court’s current scheduling order from July 3, 2007 

until September 3, 2007. 

Done this the 26th day of June, 2007. 

 __/s/Eric D. Bonner. 

 ERIC D. BONNER – ASB-7718-c63b 

 JOHN W. CLARK, JR. –ASB-2581-c61j 

 Attorney for Defendant 

OF COUNSEL: 

CLARK, HAIR & SMITH, P.C. 

800 Shades Creek Parkway, Suite 850 

Birmingham, AL 35209 

205/397-2900 

205/397-2901 Fax 

Case 2:06-cv-00623-MEF-SRW Document 32 Filed 06/27/2007 Page 3 of 5
CERTIFICATE OF SERVICE

I hereby certify that I have this 26th day of June, 2007 electronically served the following 

attorneys of record: 

Terry G. Key 

Christy L. Hayes 

COCHRAN, CHERRY, GIVENS, 

SMITH, LANE & TAYLOR, P.C. 

PO Box 927 

Dothan, AL 36302 

 _/s/Eric D. Bonner. 

OF COUNSEL 

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