IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

FRANK BLAIR, 

 Plaintiff, 

v. 

AETNA LIFE INSURANCE 

COMPANY, AMERICOLD 

LOGISTICS, LLC, DAWN 

SANFORD, et al., 

 Defendants. 

)

)

)

)

)

)

)

)

)

)

)

)

Civil Action No. 

2:06-cv-00651-MEF-SRW 

DEFENDANTS’ MOTION TO STAY RULE 26(f)’S 

DISCOVERY CONFERENCE REQUIREMENT

Defendants Aetna Life Insurance Company, AmeriCold Logistics, 

LLC, and Dawn Sanford (collectively “Defendants”) hereby submit a 

motion to stay Federal Rule of Civil Procedure 26(f)’s discovery conference 

requirement. As grounds for this motion, Defendants state as follows: 

1. This matter was removed from the Circuit Court of 

Montgomery County, Alabama to the United States District Court for the 

Middle District of Alabama, Northern Division on July 21, 2006. 

2. Federal Rule of Civil Procedure 26(f) requires that the parties 

“confer to consider the nature and basis of their claims and defenses and the 

Case 2:06-cv-00651-MEF-SRW Document 11 Filed 08/31/2006 Page 1 of 3
2

possibilities for a prompt settlement or resolution of the case, to make or 

arrange for the disclosures required by Rule 26(a)(1), and to develop a 

proposed discovery plan” within 45 days of the date of removal. FED. R.

CIV. P. 26(f) (2006). Because this matter was removed on July 21, 2006, the 

parties are required to conduct a Rule 26(f) discovery conference by 

September 5, 2006. 

3. Defendants’ Motion to Dismiss or in the Alternative for 

Summary Judgment (“Defendants’ Motion to Dismiss”), which was filed on 

July 21, 2006, is currently pending. As reflected in the parties’ briefs for the 

pending motion to dismiss, after ruling on the motion, the Court would 

dismiss this action on the merits or remand it for an administrative hearing. 

Because the appropriate relief in this matter is either a dismissal, summary 

judgment on the merits, or remand for an administrative hearing, the parties 

should not be required to conduct a Rule 26(f) discovery conference at this 

time. 

WHEREFORE, Defendants respectfully move the Court to stay 

Federal Rule of Civil Procedure 26(f)’s discovery conference requirement. 

Case 2:06-cv-00651-MEF-SRW Document 11 Filed 08/31/2006 Page 2 of 3
3

 s/ James S. Christie, Jr. 

James S. Christie, Jr. (CHR011) 

Amelia T. Driscoll (DRI016) 

Bradley Arant Rose & White LLP

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

jchristie@bradleyarant.com

adriscoll@bradleyarant.com

Attorneys for Defendants 

Aetna Life Insurance Company 

AmeriCold Logistics, LLC, 

and Dawn Sanford 

CERTIFICATE OF SERVICE 

 I hereby certify that on August 31, 2006, 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: 

Ralph Bohanan, Jr. 

Bohanan & Knight, P.C. 

Suite 318 North 

Birmingham, Alabama 35243 

and I have mailed by United States Postal Service the foregoing to the 

following non-CM/ECF participants: 

 None. 

 

 Respectfully submitted, 

 

 s/ James S. Christie, Jr. 

James S. Christie, Jr. (CHR011) 

Case 2:06-cv-00651-MEF-SRW Document 11 Filed 08/31/2006 Page 3 of 3