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 April 4, 

2007, a meeting was held on June 27, 2007, at the law office of Pittman, Dutton, Kirby & 

Hellums, P.C., and through electronic correspondence. The following individuals 

participated: 

a. David J. Hodge for Plaintiff; 

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

c. Todd M. Higey for Defendant Qiqihar Hawk Industries Co. Ltd.; and 

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

Plaintiff will require discovery from Qiqihar Hawk Industries Co. Ltd. to 

determine the validity of its position that it is not the manufacturer of the product at issue: 

the shotgun. If Qiqihar Hawk Industries Co. Ltd. is correct that Heilongjiang Hawk 

Group Co. Ltd. is the manufacturer, it is anticipated that a minimum of 90 days will be 

required to obtain service on that new defendant. In order for Heilongjiang Hawk Group 

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Co. Ltd. to have a reasonable period in which to conduct discovery and defend itself, the 

proposed trial date has been set beyond the “7 to 10 months” stated in this Court’s Order 

dated April 4, 2007. 

The parties recognize that it may take longer than 90 days to serve a new Chinese 

defendant, and respectfully submit that an amendment to this discovery schedule may 

become necessary. Because of the complexities of the situation and the departure from 

the Court’s suggested schedule, the parties respectfully request a conference call with the 

Court before entry of the scheduling order. 

2. Pre-Discovery Disclosures: The parties will exchange by July 31, 2007, 

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

accomplished. 

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

discovery plan: 

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

allegations of the Plaintiff’s Complaint, alleged damages, identification of the entity that 

manufactured the subject product, and Defendants’ defenses; 

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

completed by May 26, 2008. Discovery on the issue of identification of the entity that 

manufactured the subject product commenced in time to be completed by October 1, 

2007. 

 (c) Interrogatories: Maximum of 40 interrogatories, including 

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

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 (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 7, 2008. 

 (ii) From the Defendants by: March 3, 2008. 

 

 (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 request a conference with 

the Court before entry of the scheduling order. 

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

September 8, 2008. 

(c) Pleadings and Parties: 

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(i) Plaintiff should be allowed until October 15, 2007, to join 

additional parties and amend the pleadings. 

(ii) Defendants should be allowed until November 12, 2007, to 

join additional parties and amend the pleadings. 

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

filed by June 9, 2008. 

 (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 August 11, 2008. 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 October 6, 2008. 

s/ David J. Hodge 

David J. Hodge 

Attorney for Plaintiff 

PITTMAN, 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) 

Case 3:06-cv-00715-MHT-TFM Document 42 Filed 07/02/2007 Page 4 of 5
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 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 

 s/ Todd M. Higey 

 Todd M. Higey 

Attorney for Defendant 

Qiqihar Hawk Industries Co. 

ADAMS and REESE LLP 

2100 3rd Avenue North, Suite 1100 

Birmingham, Alabama 35203 

(205) 250-5000 

(205) 250-5034 (facsimile) 

 OF COUNSEL 

 s/ Alan D. Mathis 

 James C. Barton, Jr. 

 Alan D. Mathis 

 

 Attorneys for Defendant 

 China North Industries Corp. 

JOHNSTON BARTON PROCTOR & ROSE LLP 

Colonial Brookwood Center 

569 Brookwood Village, Suite 901 

Birmingham, Alabama 35209 

(205) 458-9400 

(205) 458-9500 (facsimile) 

 OF COUNSEL 

W0607728.DOC

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