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. ) 

JOINT MOTION FOR SCHEDULING CONFERENCE

COME NOW the plaintiff and defendant China North Industries Corporation 

(“Norinco”) (collectively “Movants”), and move the Court for a scheduling conference. 

Movants further request that all deadlines contained in the Uniform Scheduling Order 

entered on September 11, 2006, be stayed until such scheduling conference takes place. 

As grounds therefore, the Movants state as follows: 

1. On August 4, 2006, Plaintiff filed with the Circuit Court of Chambers 

County, Alabama, a Motion for Leave to Amend its Complaint to add as a defendant 

Qiqihar Hawk Industries (“Hawk”), a Chinese corporation that is the manufacturer of the 

shotgun made the subject of this action. 

2. On August 10, 2006, Norinco removed this action to this Court pursuant to 

28 U.S.C. § 1441(d). 

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3. On August 21, 2006, this Court granted Plaintiff’s Motion for Leave to 

Amend its Complaint to add Hawk as a defendant. Attempts to serve Hawk began 

thereafter. 

4. On September 11, 2006, the Court entered a Uniform Scheduling Order. 

5. The Movants learned today, March 14, 2007, that Hawk has now retained 

counsel and will soon enter an appearance in this action. 

6. The Movants agree that it is necessary that Hawk be brought into this 

action as a party and that discovery be had with Hawk prior to any trial of this action. 

7. Accordingly, the Movants request that all deadlines in the Uniform 

Scheduling Order be stayed until such time as all parties, including Hawk, can confer, 

develop an amended discovery plan to accommodate the joinder of Hawk as a party, and 

to submit such amended discovery plan to the Court for approval at a scheduling 

conference. 

 8. The requested stay would not be prejudicial to any party that has appeared 

in this action. The requested stay is not meant to cause any undue delay for the Court. 

Rather, the Movants believe that an adjustment to the Uniform Scheduling Order will 

save the parties and the Court both time and resources. 

WHEREFORE, PREMISES CONSIDERED, plaintiff and defendant China North 

Industries Corporation pray that this Court will enter an Order staying all deadlines in the 

Uniform Scheduling Order until such time as a scheduling conference can be held with 

defendant Qiqihar Hawk Industries. 

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 s/ David J. Hodge 

 David J. Hodge 

 One of the attorneys for Plaintiff 

OF COUNSEL: 

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

2001 Park Place North 

1100 Park Place Tower 

Birmingham, Alabama 35203 

(205) 322-8880 

(205) 328-2711 facsimile 

Nick Wooten, Esq. 

WOOTEN & CARLTON, P.C. 

P.O. Drawer 290 

Lafayette, Alabama 36862

 

 

s/ James C. Barton, Jr. 

James C. Barton, Jr. (BAR014) 

Bar Number: ASB-0237-B51J 

Email: jbartonjr@jbpp.com 

s/ Alan D. Mathis 

Alan D. Mathis (MAT052) 

Bar Number: ASB-8922-A59M 

Email: adm@jbpp.com 

Attorneys for defendant 

China North Industries Corp. a/k/a Norinco 

JOHNSTON BARTON PROCTOR & ROSE LLP 

2900 AmSouth/Harbert Plaza 

1901 Sixth Avenue North 

Birmingham, Alabama 35203 

Telephone: (205) 458-9400 

Facsimile: (205) 458-9500 

OF COUNSEL 

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CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the above and foregoing with the 

Clerk of the Court on March 14, 2007, using the CM/ECF system, which will send 

notification of such filing to the following: 

John D. Gleissner, Esq. 

ROGERS & ASSOCIATES 

3000 Riverchase Galleria, Suite 650 

Birmingham, Alabama 35244 

Todd M. Higey, Esq. 

 ADAMS and REESE LLP 

 2100 3rd Avenue North, Suite 1100 

 Birmingham, Alabama 35203 

 Curt M. Johnson, Esq. 

 JOHNSON CALDWELL & MCCOY 

 117 N. Lanier Avenue, Suite 201 

 Lanett, Alabama 36863 

I hereby further certify that I have mailed by United States Postal Service 

the above and foregoing to the following non-CM/ECF participants: 

Qiqihar Hawk Industries 

No. 3 Delong Road 

Technique Industrial Development District 

Heilong Jiang Proy Province 

Peoples Republic of China

 

 s/ Alan D. Mathis 

 Of Counsel 

W0595706.DOC

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