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. ) 

REPORT OF THE PARTIES’ PLANNING MEETING

1. Pursuant to Fed. R. Civ. P. 26(f) and this Court’s Order dated August 21, 

2006, a meeting was held on August 29, 2006, by telephone conference and was attended 

by: 

a. Kenneth W. Hooks and David J. Hodge for Plaintiff; 

b. John D. Gleissner for Defendant Pawn City, Inc.; 

c. Todd M. Higey for Defendant Interstate Arms Corp.; and 

d. James C. Barton, Jr. and Alan D. Mathis for Defendant Norinco. 

2. Pre-Discovery Disclosures: The parties will exchange by October 20, 

2006, the information required by Fed. R. Civ. P. 26(a)(1), to the extent not already 

accomplished prior to removal. 

3. Discovery Plan: The parties jointly propose to the Court the following 

discovery plan: 

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 (a) Subjects: Discovery will be needed on the following subjects: 

allegations of the Plaintiff’s Complaint, alleged damages, and Defendants’ defenses; 

 (b) Discovery Deadline: All discovery commenced in time to be 

completed by April 20, 2007. 

 (c) Interrogatories: Maximum of 40 interrogatories, including 

subparts, by each party to any other party. Responses due 30 days after service. 

 (d) Requests for Admission: Maximum of 30 requests for admission, 

including subparts, by each party to any other party. Responses due 30 days after service. 

 (e) Requests for Production: Maximum of 40 requests for 

production, including subparts, by each party to any other party. Responses due 30 days 

after service. 

 (f) Depositions: Maximum of 10 additional depositions by the 

Plaintiff and 10 additional depositions by the Defendants. Each deposition is limited to a 

maximum of 7 hours unless extended by agreement of the parties. 

 (g) Expert Testimony: The disclosure of expert witnesses including 

complete reports under Fed. R. Civ. P. 26(a)(2) from any retained or specially employed 

experts are due: 

 (i) From the Plaintiff by: January 12, 2007. 

 (ii) From the Defendants by: March 16, 2007. 

 (iii) The parties agree that they may need additional time if 

necessary to comply with a recent decision of the Supreme Court of Alabama regarding 

the statutory definition of the practice of engineering and the legal effect of engineers 

(licensed and unlicensed) giving expert testimony in Alabama. 

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 (h) Supplementation: Supplementation under Rule 26(e) due within 

30 days of knowledge of the need to supplement but not later than 30 days before the 

completion of discovery. 

4. Other Items: 

(a) Scheduling Conference: The parties do not request a conference 

with the Court before entry of the scheduling order. 

(b) Pretrial Conference: The parties request a pretrial conference on 

August 8, 2007. 

(c) Pleadings and Parties: 

(i) Plaintiff should be allowed until November 3, 2006, to join 

additional parties and amend the pleadings. 

(ii) Defendants should be allowed until December 1, 2006, to 

join additional parties and amend the pleadings. 

 (d) Dispositive Motions: All potentially dispositive motions must be 

filed by May 4, 2007. 

 (e) Settlement: Settlement cannot be evaluated prior to the parties 

conducting further discovery. 

 (f) Final Lists: Final lists of witnesses and exhibits under Rule 

26(a)(3) should be due on July 6, 2007. Parties should have 14 days after service of final 

lists of witnesses and exhibits to list objections under Rule 26(a)(3). 

 (g) Trial: The case should be ready for trial on September 5, 2007. 

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s/ David J. Hodge 

Kenneth W. Hooks 

Chris T. Hellums 

David J. Hodge 

Attorneys for Plaintiff 

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

2001 Park Place North 

1100 Park Place Tower 

Birmingham, Alabama 35203 

(205) 322-8880 

(205) 328-2711 (facsimile) 

 OF COUNSEL 

Nick Wooten, Esq. 

WOOTEN & CARLTON, P.C. 

P.O. Drawer 290 

Lafayette, Alabama 36862 

(205) 864-2132 

(205) 864-2133 (facsimile) 

 s/ John D. Gleissner 

 John D. Gleissner 

Attorney for Defendant Pawn City, Inc. 

ROGERS & ASSOCIATES 

3000 Riverchase Galleria, Suite 650 

Birmingham, Alabama 35244 

(205) 982- 4624 

(205) 982-4630 (facsimile) 

 OF COUNSEL 

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 s/ Todd M. Higey 

 Todd M. Higey 

Attorney for Defendant 

Interstate Arms Corp. 

ADAMS and REESE LLP 

2100 3rd Avenue North, Suite 1100 

Birmingham, Alabama 35203 

(205) 250-5000 

(205) 250-5034 (facsimile) 

 OF COUNSEL 

Curt M. Johnson, Esq. 

JOHNSON CALDWELL & MCCOY 

117 N. Lanier Avenue, Suite 201 

Lanett, Alabama 36863 

(334) 644-5101 

(334) 644-5121 (facsimile) 

 s/ Alan D. Mathis 

 James C. Barton, Jr. 

 Alan D. Mathis 

 

 Attorneys for Defendant 

 China North Industries Corp. 

JOHNSTON BARTON PROCTOR & POWELL LLP 

2900 AmSouth/Harbert Plaza 

1901 Sixth Avenue North 

Birmingham, Alabama 35203 

(205) 458-9400 

(205) 458-9500 (facsimile) 

 OF COUNSEL 

W0570906.DOC

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