UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

B. B., a minor, by and ) 

through his mother and next friend, ) 

OWENA KNOWLES, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) Case No.: 3:06-cv-00715-MHT 

 ) 

PAWN CITY, INC., INTERSTATE ) 

ARMS CORP., and NORINCO a/k/a ) 

CHINA NORTH INDUSTRIES CORP., ) 

et al., ) 

 ) 

 Defendants. ) 

DEFENDANT CHINA NORTH INDUSTRIES CORP.’S

JOINDER IN MOTION TO EXTEND SCHEDULING ORDER

 Comes now defendant China North Industries Corp. (“Norinco”) and joins in 

Plaintiff’s Motion to Extend Scheduling Order. Norinco concurs with the grounds set 

forth by Plaintiff as justification for extending the deadlines in the Scheduling Order 

entered by this Court on September 11, 2006. Norinco’s delay in responding to 

Plaintiff’s discovery is solely because of communication problems between Norinco and 

its counsel. Norinco believes this case to be eminently defensible and wishes to assure 

the Court and the other parties that Norinco is not seeking to delay these proceedings or 

to avoid responding to Plaintiff’s discovery requests. Norinco and its counsel are 

attempting to correct their communication issues and hope to be in a position to respond 

to Plaintiff’s discovery requests in the near future. 

As additional grounds for an Order extending the deadlines in the Scheduling 

Order entered by this Court on September 11, 2006, Norinco states as follows: 

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1. On August 4, 2006, Plaintiff filed with the Circuit Court of Chambers 

County, Alabama, a Motion for Leave to Amend its Complaint to add as a defendant 

Qiqihar Hawk Industries (“Hawk”), the manufacturer of the shotgun made the subject of 

this action. 

2. On August 10, 2006, Norinco removed this action to this Court pursuant to 

28 U.S.C. § 1441(d). 

3. On August 21, 2006, this Court granted Plaintiff’s Motion for Leave to 

Amend its Complaint to add Hawk as a defendant.1

4. Although Hawk has not yet been served with process, Plaintiff’s counsel 

has informed the undersigned counsel that he is currently working with an international 

service agency to effect service on Hawk. 

5. As the manufacturer of the product at issue, Hawk is an indispensable 

party pursuant to Fed. R. Civ. P. 19(a), and must be joined as a party in this action. 

6. To facilitate the joinder of Hawk in this action, all deadlines in the 

Scheduling Order entered by this Court on September 11, 2006, should be extended by at 

least sixty (60) days. 

WHEREFORE, defendant Norinco joins in Plaintiff’s Motion to Extend 

Scheduling Order and respectfully requests that this Court enter an Order extending all 

deadlines in the Scheduling Order by at least sixty (60) days. 

 

 

 

1

 It does not appear that Plaintiff actually filed the proposed Amendment to Complaint after Plaintiff’s 

motion was granted. 

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s/ James C. Barton, Jr. 

James C. Barton, Jr. (BAR014) 

Bar Number: ASB-0237-B51J 

Email: jbartonjr@jbpp.com 

s/ Alan D. Mathis 

Alan D. Mathis (MAT052) 

Bar Number: ASB-8922-A59M 

Email: adm@jbpp.com 

Attorneys for defendant 

China North Industries Corp. a/k/a Norinco 

JOHNSTON BARTON PROCTOR & ROSE LLP 

2900 AmSouth/Harbert Plaza 

1901 Sixth Avenue North 

Birmingham, Alabama 35203 

Telephone: (205) 458-9400 

Facsimile: (205) 458-9500 

OF COUNSEL 

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CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the above and foregoing with the Clerk 

of the Court on February 16, 2007, using the CM/ECF system, which will send 

notification of such filing to the following: 

 David J. Hodge, Esq. 

PITTMAN, DUTTON, KIRBY & HELLUMS, P.C. 

2001 Park Place North 

1100 Park Place Tower 

Birmingham, Alabama 35203 

Nick Wooten, Esq. 

WOOTEN & CARLTON, P.C. 

P.O. Drawer 290 

Lafayette, Alabama 36862 

John D. Gleissner, Esq. 

ROGERS & ASSOCIATES 

3000 Riverchase Galleria, Suite 650 

Birmingham, Alabama 35244 

Todd M. Higey, Esq. 

 ADAMS and REESE LLP 

 2100 3rd Avenue North, Suite 1100 

 Birmingham, Alabama 35203 

 Curt M. Johnson, Esq. 

 JOHNSON CALDWELL & MCCOY 

 117 N. Lanier Avenue, Suite 201 

 Lanett, Alabama 36863 

 

 s/ Alan D. Mathis 

 Of Counsel 

W0592019.DOC

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