IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

HAROLD KELLY MURPHY, * 

 * 

 Plaintiff, * 

 * 

vs. * CASE NO.: 2:06-cv-618-MEF 

* 

SOUTHERN ENERGY HOMES, INC., et al., * 

 * 

 Defendants. * 

PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

COMES NOW Plaintiff, pursuant to Fed. R. Civ. P. 15(a) and for the reason set 

forth below, hereby submits this Motion for Leave to Amend his Complaint. The 

purpose of such amendment would be to clarify the factual grounds of Plaintiff’s 

Complaint to demonstrate the inapplicability of Defendant’s affirmative defense of 

federal preemption. In support thereof, Plaintiff states as follows: 

1. On or about June 14, 2006, Plaintiff instituted this action in the Circuit 

Court of Montgomery County, Alabama against Defendant Southern Energy Homes, Inc. 

On July 14, 2006, Defendant removed this matter to this Court. 

2. On August 22, 2007, the Court entered a Uniform Scheduling Order 

setting this case for trial during the term of Court commencing on September 17, 2007. 

Additionally, the order stated motions to amend the pleadings and to add parties shall be 

filed on or before November 6, 2006. 

3. On November 7, 2006, Defendant filed an Amended Answer in order to 

assert additional affirmative defenses, federal preemption. On December 19, 2006, 

Case 2:06-cv-00618-MEF-SRW Document 38 Filed 05/25/2007 Page 1 of 4
Defendant filed a Second Amended Answer in order to assert one additional affirmative 

defense. 

4. On May 4, 2007, the Court entered an Amended Scheduling Order stating 

that the time for filing any motion to amend the pleadings and to add parties has expired. 

Additionally, the Court continued the trial of this case to the term of Court commencing 

on February 4, 2008 and the discovery cutoff date to December 21, 2007. 

5. On May 9, 2007, Defendant filed a Motion for Judgment on the Pleadings 

and based its arguments soley on federal preemption. Defendant relied heavily on the 

ruling on Guidroz v. Champion Enterprises, Inc., et al., Civil Action No. 05-1148 L-0 

(Federal Court La.). This ruling was entered on January 26, 2007. 

6. Under rule 15 of the Federal Rules of Civil Procedure, “leave shall be 

freely given when justice so requires.” 

7. In the case at bar, Plaintiff should be allowed to amend his Complaint to 

clarify the factual grounds of his claim and to demonstrate the inapplicability of 

Defendant’s affirmative defense of federal preemption. 

8. The factual grounds of Plaintiff’s Complaint have fully been explained in 

Plaintiff’s response to Defendant’s Interrogatories. In light of the rulings in Guidroz, 

Plaintiff desires to more specifically plead his Complaint in order to show that his claims 

are in line with the facts and the law. The time to amend had expired when the Guidroz

Court granted Defendant’s Motion to Dismiss on January 26, 2007 and later entered an 

order allowing Plaintiffs to amend their Complaint on May 17, 2007. In light of the 

decisions in Guidroz, Rule 15 mandates leave to allow Plaintiff to amend his Complaint. 

A proposed amended Complaint is attached hereto as “Exhibit 1.” 

Case 2:06-cv-00618-MEF-SRW Document 38 Filed 05/25/2007 Page 2 of 4
9. At this time, the Parties have merely exchanged initial disclosures and 

other paper discovery, and no depositions have been taken. Defendant will not be 

prejudice by leave to amend the original Complaint. 

Wherefore, Plaintiff respectfully requests that this Court grant the instant motion 

and allow him to amend his Complaint. 

/s/ C. Lance Gould ___________ _ 

 C. LANCE GOULD (ASB-0913-G66C) 

 Attorney for Plaintiff 

OF COUNSEL: 

BEASLEY, ALLEN, CROW, 

METHVIN, PORTIS & MILES, P.C. 

Attorneys at Law 

Post Office Box 4160 

Montgomery, AL 36103-4160 

(334) 269-2343 

(334) 954-7555 (fax) 

Case 2:06-cv-00618-MEF-SRW Document 38 Filed 05/25/2007 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that I have electronically filed the original of the foregoing 

document in this Court and served a copy upon all Defendants of record as listed below

by placing a copy of same in the United States Mail, first class, postage prepaid on this 

the 25th day of May, 2007. 

/s/ C. Lance Gould 

OF COUNSEL 

W. Scott Simpson 

RITCHEY & SIMPSON, PLLC 

3288 Morgan Drive, Suite 100 

Birmingham, Alabama 35216 

Telephone: (205) 822-3422 

Facsimile: (205) 822-3618 

e-mail: wssimpson@bellsouth.net

Lee E. Bains, Jr. 

Thomas W. Thagard, III 

Edward S. Sledge IV 

MAYNARD, COOPER & GALE, P.C. 

1901 Sixth Avenue North 

2400 AmSouth/Harbert Plaza 

Birmingham, AL 35203 

(205) 254-1000 (Telephone) 

(205) 254-1999 (Facsimile) 

lbains@maynardcooper.com 

tthagard@maynardcooper.com 

sledge@maynardcooper.com

Case 2:06-cv-00618-MEF-SRW Document 38 Filed 05/25/2007 Page 4 of 4