IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

DAVID FINNEY, an individual, 

 Plaintiff, 

v. 

NISSAN NORTH AMERICA, INC., et 

al. 

 Defendants. 

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Civil Action No. 3:06cv622WKW 

MOTION BY ALL PARTIES TO 

EXTEND SCHEDULING ORDER DEADLINES

 The parties respectfully request that this Court extend the current Scheduling Order 

deadlines by six months. In support of this motion, the parties state as follows: 

 1. Defendant Takata Corporation was served with the Summons and Complaint 

on February 14, 2007. Service on Takata Corporation was delayed because, as a Japanese 

corporation, Takata Corporation was required to be served pursuant to the Hague 

Convention. 

 2. Takata Corporation’s responsive pleading is not due until March 6, 2007, so 

no discovery has taken place with respect to this Defendant. In addition, due to the delay in 

accomplishing service on Takata Corporation, fact discovery has been slowed. The parties, 

excluding Takata Corporation, have exchanged written discovery, but no depositions have 

been taken. 

 3. The current Scheduling Order deadlines begin to run in April 2007. For 

example, the parties are required to have a face-to-face settlement meeting by April 16, 2007, 

Case 3:06-cv-00622-WKW-SRW Document 49 Filed 02/22/2007 Page 1 of 3
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and the dispositive motion deadline and Plaintiff’s expert deadline fall on April 24, 2007. 

Defendants’ expert deadline is May 24, 2007. 

 4. Due in part to the delay in serving Takata Corporation, as well as the inherent 

complexity of this automotive product liability case, the current Scheduling Order deadlines 

do not allow the parties sufficient time to complete written discovery, depose fact witnesses, 

conduct expert discovery, and meaningfully evaluate settlement opportunities. 

 5. The parties agree that an extension of all deadlines by six months will permit 

the efficient and orderly completion of discovery and preparation of the case for trial. 

6. The undersigned represents that counsel for Plaintiff and Nissan North 

America, Inc., have reviewed this motion, that they join in this motion, and that they have 

given the undersigned permission to file the motion electronically with the Court on behalf 

of all parties. 

 WHEREFORE, premises considered, the parties respectfully request that the Court 

extend all Scheduling Order deadlines by six months. 

 Respectfully submitted, 

s/ Angela R. Rogers 

Charles A. Stewart III (STE067/ASB-4955-a56c) 

Angela R. Rogers (RAI017/ASB-0853-e60r) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

 

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CERTIFICATE OF SERVICE

I hereby certify that on February 22, 2007, 2007, 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: 

Joseph Luther Tucker 

Jackson and Tucker, P.C. 

2229 1st Avenue North 

Birmingham, AL 35203 

Email: josh@jacksonandtucker.com 

Kenneth S Jackson 

Jackson and Tucker, P.C. 

2229 1st Avenue North 

Birmingham, AL 35203 

Email: steve@jacksonandtucker.com 

Walter B. Calton 

Calton & Rutland LLC 

PO Box 696 

Eufaula, AL 36027-0696 

Email: wcalton@bellsouth.net 

Robert C Khayat, Jr. 

King & Spalding LLP 

1180 Peachtree St, NE 

Atlanta, AL 30309 

Email: rkhayat@kslaw.com 

Chilton Davis Varner 

King & Spalding LLP 

1180 Peachtree St, NE 

Atlanta, AL 30309 

Email: cvarner@kslaw.com 

Robert B. Friedman 

King & Spalding LLP 

1180 Peachtree St, NE 

Atlanta, AL 30309 

Email: rfriedman@kslaw.com 

Andrew T. Bayman 

King & Spalding LLP 

1180 Peachtree St, NE 

Atlanta, AL 30309 

Email: abayman@kslaw.com 

and I hereby certify that I have mailed by United States Postal Service the document to the 

following non-CM/ECF participants: None. 

s/ Angela R. Rogers 

Angela R. Rogers (RAI017/ASB-0853-e60r) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

E-mail: arogers@bradleyarant.com 

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