UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

DEBRA BEYAH, 

 Plaintiff, 

vs. 

WAL-MART STORES EAST, L.P., 

 Defendant. 

CIVIL ACTION NO.: 1:06-CV-659 CSC 

DEFENDANT’S UNOPPOSED MOTION TO CONTINUE TRIAL PERIOD AND ALL 

DEADLINES SET FORTH IN COURT’S UNIFORM SCHEDULING ORDER 

 Defendant Wal-Mart Stores East, L.P. (“Defendant” and/or “Wal-Mart”), by and through 

its undersigned counsel, pursuant to the Court’s Guidelines to Civil Discovery Practice, 

respectfully requests the entry of an Order continuing the trial and pretrial deadlines in this 

matter for thirty days. In support of this motion, Defendant states as follows: 

1. On October 11, 2006, the Court entered a Uniform Scheduling Order 

setting this case for jury trial during the one-week trial period beginning Monday, October 1, 

2007 at 10:00 a.m. The trial of this case is anticipated to last 3-4 days. 

2. The Uniform Scheduling Order also sets various pretrial deadlines 

including Discovery, Pretrial Conference, and Dispositive Motions. 

3. Due to a significant and unforeseen scheduling conflict, Defendant 

respectfully requests a thirty-day continuance of the trial period and all pretrial dates set forth in

the Court’s Uniform Scheduling Order. 

4. Specifically, on the afternoon of January 19, 2007, trial counsel for 

Defendant, Charlotte McClusky, received Notice that she is set for jury trial on February 12, 

Case 1:06-cv-00659-CSC Document 21 Filed 01/31/2007 Page 1 of 5
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2007, in the case of Hunter v. Wal-Mart, Case No. 5:04-cv-298, before Judge C. Ashley Royal, 

in the United States District Court for the Middle District of Georgia (the “Hunter case”). 

5. The Hunter case was filed on November of 2003, approximately thirtytwo months before the Beyah case. See Docket Report attached as Exhibit 1. Moreover, on

November 29, 2006, the Hunter case was set for the trial period beginning January 22, 2007. See

Trial Notice attached as Exhibit 2. Ms. McClusky attended a pretrial conference on December 

18, 2006. At that time, the Hunter Court advised that the case would be set for trial during the 

March trial period. Upon receipt of the Notice Setting Jury Trial on January 19, 2007, Ms. 

McClusky contacted Judge Royal’s chambers and was informed that Judge Royal’s trial docket 

in Athens, Georgia, for February 12 had cleared, and the decision was made to specially set the 

Hunter case. 

6. Ms. McClusky anticipates that the Hunter trial may be lengthy (up to 4-5 

weeks) and, during this time period she will not be able to actively participate in other matters, 

including on going discovery in the above-captioned case. 

7. As the Hunter case was filed and set for a very lengthy jury trial before the 

case pending before this Court, counsel for Defendant respectfully requests that the Court grant 

its request for a continuance. 

8. Undersigned counsel conferred with Plaintiff’s counsel, who does not 

oppose the continuance requested in this motion. 

WHEREFORE, Defendant respectfully requests entry of an Order continuing the trial and 

pretrial deadlines in this case by thirty days. 

Case 1:06-cv-00659-CSC Document 21 Filed 01/31/2007 Page 2 of 5
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Respectfully submitted this 31st day of January 2007. 

s/ Charlotte K. McClusky

ASB No. A57M5296 

Attorney for Wal-Mart Stores, Inc. 

LITTLER MENDELSON 

A Professional Corporation 

3348 Peachtree Road, N.E. 

Suite 1100 

Atlanta, Georgia 30326-1008 

Telephone (404) 233-0330 

Facsimile: (404) 233-2361 

E-Mail: cmcclusky@littler.com

Scott A. Forman 

(admitted pro hac vice) 

Attorney for Wal-Mart Stores, Inc. 

LITTLER MENDELSON 

A Professional Corporation 

2 South Biscayne Boulevard 

One Biscayne Tower, Suite 1500 

Miami, Florida 33131 

Telephone: (305) 400-7500 

Facsimile: (305) 603-2552 

E-mail: sforman@littler.com

Case 1:06-cv-00659-CSC Document 21 Filed 01/31/2007 Page 3 of 5
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UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

DEBRA BEYAH, 

 Plaintiff, 

vs. 

WAL-MART STORES EAST, L.P., 

 Defendant. 

CIVIL ACTION NO.: 1:06-CV-659 CSC 

CERTIFICATE OF SERVICE 

 I hereby certify that, on January 31, 2007, I electronically filed the foregoing Defendant’s 

Unopposed Motion To Continue Trial Period And All Deadlines Set Forth In Court’s Uniform 

Scheduling Order with the Clerk of the Court using CM/ECF system, which will send 

notification of such filing to the attorneys of record: Ann C. Robertson, Temple D. Trueblood, 

Wiggins, Childs, Quinn & Pantazis, LLC, The Kress Building, 301 19th Street North, 

Birmingham, Alabama 35203. 

s/ Charlotte K. McClusky

ASB No. A57M5296 

Attorney for Wal-Mart Stores, Inc. 

LITTLER MENDELSON, P.C. 

3348 Peachtree Road, N.E., Suite 1100 

Atlanta, Georgia 30326-1008 

Telephone (404) 233-0330 

Facsimile: (404) 233-2361 

E-Mail: cmcclusky@littler.com

 

Firmwide:81949523.1 015602.4972 

Case 1:06-cv-00659-CSC Document 21 Filed 01/31/2007 Page 4 of 5
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UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

DEBRA BEYAH, 

 Plaintiff, 

vs. 

WAL-MART STORES EAST, L.P., 

 Defendant. 

CIVIL ACTION NO.: 1:06-CV-659 CSC 

(DRAFT) ORDER 

 Now pending before the Court is Defendant’s Unopposed Motion To Continue Trial 

Period And All Deadlines Set Forth In Court’s Uniform Scheduling Order. The plaintiff does not 

object to the continuance of the trial period and all deadlines. Accordingly, upon consideration of 

the motion and for good cause, it is 

 ORDERED that Defendant’s Unopposed Motion To Continue Trial Period And All 

Deadlines Set Forth In Court’s Uniform Scheduling Order is hereby GRANTED and the trial and 

pretrial deadlines in this matter are EXTENDED by thirty days. 

 Done this __ day of February, 2007. 

__________________________________________ 

 CHARLES S. COODY 

 CHIEF UNITED STATES MAGISTRATE JUDGE 

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