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, ) CASE NO.:

) 3:06-CV-00715-MHT

v. )

)

NORINCO a/k/a CHINA NORTH )

INDUSTRIES )

CORPORATION, et al., )

)

Defendants. )

MOTION TO EXTEND DEFENDANT’S

RULE 26(a)(2) DISCLOSURE DEADLINE

COMES NOW one of the defendants, Qiqihar Hawk Industries Co., Ltd., 

pursuant to the Court’s Uniform Scheduling Order and respectfully requests 

the Court to extend the deadline by which it must disclose its expert 

witnesses under F.R.C.P. 26(a)(2) by sixty days. In support thereof, movant 

would show the Court as follows:

1. Movant has consulted all other parties to this action as to 

whether they agree or oppose said motion. All parties, including plaintiff, 

agree to the extension request. 

2. This is a products liability case involving an allegedly defective 

shotgun manufactured in China. On January 7, 2008, pursuant to this 

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Court’s Scheduling Order, plaintiff disclosed two liability experts and two 

damages experts. One of these experts is a metallurgist. Qiqihar Hawk has 

also retained a metallurgist who resides in Houston, Texas. Qiqihar Hawk 

will need to coordinate with plaintiff to send the subject shotgun to Texas in 

compliance with all federal regulations governing the transport of firearms.

3. The present disclosure deadline is March 3, 2008. This will not 

provide sufficient time in which to transport the gun to Texas and to have it 

evaluated by Qiqihar Hawk expert. Moreover, Qiqihar Hawk may wish to 

retain other experts, such as a vocational consultant, who will need to meet 

with plaintiff in person in order to formulate her opinions. Scheduling this 

independent vocational evaluation and allowing time subsequent to the 

evaluation for said expert to formulate her opinions cannot be done by 

March 3rd. 

4. An extension of sixty days will not interfere with the other 

deadlines established in the Court’s Scheduling Order. 

WHEREFORE, Qiqihar Hawk requests the Court to extend the 

defendant’s expert witness disclosure deadline by sixty days.

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Respectfully submitted,

/s/Todd M. Higey

Todd M. Higey

Ala. Bar No. HIG019

Attorney for Qiqihar Hawk 

Industries Co. Ltd.

ADAMS AND REESE LLP

2100 3rd Avenue North, Suite 1100

Birmingham, Alabama 35203-3367

Telephone: (205) 250-5000

Fax: (205) 250-5034

E-mail: todd.higey@arlaw.com

CERTIFICATE OF SERVICE

I hereby certify that on January 25, 2008, 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 persons listed below:

David J. Hodge, Esq.

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

2001 Park Place North

1100 Park Place Tower

Birmingham, Alabama 35203

James C. Barton, Jr., Esq.

Alan D. Mathis, Esq.

JOHNSTON, BARTON, PROCTOR & POWELL, LLP

2900 AmSouth/Harbert Plaza

1901 Sixth Avenue North

Birmingham, Alabama 35203

Nick Wooten, Esq.

WOOTEN LAW FIRM, P.C.

P.O. Drawer 290

Lafayette, Alabama 36862

/s/Todd M. Higey

Of Counsel

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