IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

KIMBERLY and LUTHER THURMAN, )

)

Plaintiffs, )

)

v. ) 1:06-CV-00709-DRB

)

TIMBERLINE HOMES, INC., FLEETWOOD )

SPRINGHILL HOMES OF GEORGIA, )

 )

Defendants. )

O R D E R

Review of this file warrants entry of the preliminary orders which follow:

A. Pending Motions

 It is ORDERED that Plaintiffs show any cause on or before September 15, 2006, why

defendant Timberline Homes, Incorporated’s Motion to Stay and Compel Arbitration, filed with

exhibits (Doc. 8, August 11, 2006) should not be granted. 

B. Magistrate Judge Consents or Reassignment Requests 

The record reflects the Clerk’s transmittal of notice to the plaintiffs and defendants on

August 11, 2006, of the random assignment of this civil case to a United States Magistrate Judge,

who is authorized by 28 U.S.C. § 636(c) to conduct any and all proceedings in a jury or non-jury

civil case and to order the entry of final judgment upon the consent of all parties to a case. Any

appeal from a judgment entered by a Magistrate Judge is taken directly to the United States Court

of Appeals for the Eleventh Circuit in the same manner as any appeal from any judgment entered

in this court. Any party to this lawsuit has the right to consent to, or decline to consent to, the

exercise of jurisdiction of a Magistrate Judge, without adverse consequences. Counsel for the

parties are DIRECTED to execute and send to the Clerk, for receipt not later than September

Case 1:06-cv-00709-MHT-DRB Document 9 Filed 08/14/2006 Page 1 of 5
1, 2006, either the attached form for consent to the Magistrate Judge’s exercise or jurisdiction

or the attached form for reassignment of this case to the District Judge.

C. Dispositive Motions

The longstanding practice in this district is that dispositive motions shall be filed no later than

90 days prior to the pretrial date. If the parties seek to vary from that schedule, they should present,

in the plan, specific case-related reasons for the requested variance. 

D. Scheduling for Trial

The court may or may not hold a scheduling conference before issuing a scheduling order,

and counsel may indicate any preference on the Rule 26(f) report. If the court sets a scheduling

conference, counsel may participate by conference call as circumstances may warrant.

This case will be set for trial during one of the assigned judge's regularly scheduled civil trial

terms. The pretrial date is normally set within four to six weeks of a scheduled trial term. The dates

of each judge's civil trial terms are available on the court'swebsite located at http://almd.uscourts.gov

in the civil case information section.

The scheduling order entered by the court will follow the form of the Uniform Scheduling

Order adopted by the judges of this court. The Uniform Scheduling Order is also available on the

court's website.

 Done this 14 day of August, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00709-MHT-DRB Document 9 Filed 08/14/2006 Page 2 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

KIMBERLY and LUTHER THURMAN, )

)

Plaintiffs, )

)

v. ) 1:06-CV-00709-DRB

)

TIMBERLINE HOMES, INC., FLEETWOOD )

SPRINGHILL HOMES OF GEORGIA, )

 )

Defendants. )

CONSENT TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of Title 28, U.S.C. § 636(c), the undersigned party or

parties to the above-captioned civil matter who previously have indicated their consent to the

jurisdiction of a Magistrate Judge of this Court, hereby confirm in writing their consent to a United

States Magistrate Judge conducting any and all further proceedings in the case, including trial, and

ordering the entry of a final judgment.

_______________________ ________________________________________

Date Signature

________________________________________

Counsel For (print name of all parties)

________________________________________

Address, City, State, Zip Code

_________________________________________

Telephone Number

DO NOT FILE THIS DOCUMENT ELECTRONICALLY. PLEASE MAIL IT TO:

Clerk, U.S. District Court

P. O. Box. 711

Montgomery, AL 36101

Case 1:06-cv-00709-MHT-DRB Document 9 Filed 08/14/2006 Page 3 of 5
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EXPLANATION OF ASSIGNMENT TO 

UNITED STATES MAGISTRATE JUDGE

This civil case has been randomly assigned to a United States Magistrate Judge of this court.

In accordance with 28 U.S.C. § 636(c), the Magistrate Judges of this court are designated to conduct

any and all proceedingsin a jury or nonjury civil case and order the entry of final judgment upon the

consent of all parties to a case. Any appeal from a judgment entered by a Magistrate Judge is taken

directly to the United States Court of Appeals for the Eleventh Circuit in the same manner as any

appeal from any judgment entered in this court.

Any party to this lawsuit has the right to consent or decline consent to the jurisdiction of a

Magistrate Judge. To exercise your right to consent you should complete the consent form and

return it to the Clerk of the Court as indicated in the court’s order. Litigants, without concern for

any adverse consequences,freelymay decline consentto the jurisdiction of a Magistrate Judge. If you

decline consent to the jurisdiction of a Magistrate Judge, this case will be reassigned randomly to a

District Judge.

Case 1:06-cv-00709-MHT-DRB Document 9 Filed 08/14/2006 Page 4 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

KIMBERLY and LUTHER THURMAN, )

)

Plaintiffs, )

)

v. ) 1:06-CV-00709-DRB

)

TIMBERLINE HOMES, INC., FLEETWOOD )

SPRINGHILL HOMES OF GEORGIA, )

 )

Defendants. )

REQUEST FOR REASSIGNMENT OF CASE

TO A UNITED STATES DISTRICT JUDGE

The undersigned party hereby declines to consent to the Magistrate Judge’s exercise

of civil jurisdiction in this case. The undersigned party requests reassignment of this case to

a United States District Judge.

______________________ __________________________________________

Date Signature

___________________________________________

Counsel For (print name of all parties)

____________________________________________

Address, City, State Zip Code

___________________________________________

Telephone Number

DO NOT FILE THIS DOCUMENT ELECTRONICALLY. PLEASE MAIL IT TO:

Clerk, U.S. District Court

P. O. Box. 711

Montgomery, AL 36101

Case 1:06-cv-00709-MHT-DRB Document 9 Filed 08/14/2006 Page 5 of 5