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IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

 

NICHOLAS STRICKLAND, et al., * 

 * 

 Plaintiffs, * 

 * 

v. * Case Number: 1:06-CV-00682-TFM 

 * 

CHAMPION ENTERPRISES, INC., et al., * Unopposed 

 * 

 Defendants. * 

MOTION TO AMEND SCHEDULING ORDER

COMES NOW Champion Home Builders Co. and moves to amend the Uniform 

Scheduling Order (Doc. 34), and as grounds therefore states as follows: 

 1. An Amended Witness List (Doc. 54) was filed after the discovery deadline. An 

objection to the Amended Witness List (Doc. 55) was also filed. Following the objection, it was 

brought to the Court’s attention that some of the deadlines may be too restrictive, given that there 

is a trial setting in June 2008. 

2. Based on the foregoing, the parties wish to jointly propose the revised deadlines 

set forth herein. 

 3. The parties jointly propose that the pretrial hearing be moved to the week of the 

19th of May 2008. 

 4. The parties jointly propose that the deadline for dispositive motions be moved to 

the 18th day of February 2008. 

 5. The parties jointly propose that the discovery deadline be moved to the 18th day 

of January 2008. 

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 6. The parties jointly propose that the deadline to conduct face-to-face settlement 

conference be moved to the 14th day of March 2008. 

 7. The parties jointly propose that the deadlines in Section 10 be adjusted as follows: 

Section 10. The parties shall, pursuant to the provisions of Rule 26(a)(3) 

of the Federal Rules of Civil Procedure, identify any part of a deposition 

that a party expects to use at trial. Unless specifically agreed between the 

parties or allowed by the Court for good cause shown, the parties shall be 

precluded from using any part of a deposition not so listed, with the 

exception of parts of depositions to be used solely for the purpose of 

impeachment. Except to the extent written objections are served and filed 

within SEVEN DAYS of the trial date, each party shall be deemed to have 

agreed that one of the conditions for admissibility under Rule 32 of the 

Federal Rules of Civil Procedure is satisfied with respect to any such 

deposition and that there is no objection to the testimony so designated. 

From Plaintiff(s): January 28, 2008 

From Defendant(s): February 11, 2008 

8. The parties jointly propose that the deadlines in Section 11 be adjusted as 

follows: 

Section 11. The parties shall, pursuant to the provisions of Rule 26(a)(3) 

of the Federal rules of Civil Procedure, furnish opposing counsel for 

copying and inspection all exhibits or tangible evidence to be used at the 

trial, and proffering counsel shall have such evidence marked for 

identification prior to trial. 

From Plaintiff(s): December 31, 2007 

From Defendant(s) January 31, 2008 

WHEREFORE, PREMISES CONSIDERED, the Parties pray that the Scheduling 

Order will be adjusted to reflect the above agreed upon changes and for such other and different 

relief as is just. 

 

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Respectfully submitted, 

RITCHEY & SIMPSON, PLLC 

/s/ Gregory S. Ritchey

Gregory S. Ritchey, Esquire {ASB-8193-H68G} 

Richard S. Walker, Esquire {ASB-8719-L70R}

Counsel for Champion Home Builders Co. 

OF COUNSEL:

RITCHEY & SIMPSON, PLLC 

3288 Morgan Drive, Suite 100 

Birmingham, Alabama 35216-3084 

Direct Dial: 205.876.1600 

Facsimile: 205.876.1616 

CERTIFICATE OF SERVICE

 I, the undersigned, do hereby certify that on the 19th day of December, 2007, I 

electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will 

send notification of the foregoing upon the following: 

Jere L. Beasley, Esquire 

W. Daniel Miles, III, Esquire 

C. Gibson Vance, Esquire 

C. Lance Gould, Esquire 

BEASLEY, ALLEN, CROW, 

METHVIN, PORTIS & MILES, P.C. 

Post Office Box 4160 

Montgomery, AL 36103 

 /s/ Gregory S. Ritchey

 OF COUNSEL 

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