IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

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CIVIL ACTION NO. 

3:06-cv-00711-MHT 

NOTICE OF FILING OF DEFENDANT’S REPLY 

TO PLAINTIFF’S REPLY IN OPPOSITION TO 

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant Skilstaf, Inc. (“Skilstaf”) files this notice to inform the Court and 

opposing counsel that it intends to reply in the following manner to Plaintiff’s 

Reply in Opposition to Defendant’s Motion for Summary Judgment (“Plaintiff’s 

Opposition”). Skilstaf explains: 

 1. Skilstaf filed its Motion for Summary Judgment on April 9, 2007. 

(Doc. No. 36). 

 2. On April 9, 2007, the Court entered an order, indicating that Skilstaf’s 

Motion for Summary Judgment had been set for submission without oral argument 

on April 26, 2007, and that any opposing brief and evidentiary materials were due 

by that date. (Doc. No. 39). 

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 3. Plaintiff filed its Opposition on April 25, 2007. (Doc. No. 41). 

 4. To ensure that it would be given an adequate opportunity to respond 

to Plaintiff’s Opposition, Skilstaf filed an unopposed Motion for an Extension of 

Time to Reply to Plaintiff’s Opposition on April 25, 2007.1

 (Doc. No. 45). 

 5. Because Skilstaf was concerned that its Motion for an Extension of 

Time to Reply to Plaintiff’s Opposition might not be granted before the April 26, 

2007, deadline outlined in the Court’s order (Doc. No. 39), Skilstaf filed a Motion 

for Leave to Reply to Plaintiff’s Opposition on the afternoon of April 26, 2007. 

(Doc. No. 51). Skilstaf’s proposed reply was attached as Exhibit A to its Motion. 

(See id.). 

 6. Shortly before Skilstaf filed its Motion for Leave to Reply to 

Plaintiff’s Opposition (Doc. No. 51), Judge Thompson entered an order granting 

Skilstaf’s Motion for an Extension of Time to Reply to Plaintiff’s Opposition. 

(Doc. No. 50). 

 7. Judge Thompson has not entered an order with respect to Skilstaf’s 

Motion for Leave to Reply to Plaintiff’s Opposition. (Doc. No. 51). 

8. In reply to Plaintiff’s Opposition, Skilstaf now intends to file the 

proposed reply brief that was attached as Exhibit A to its Motion for Leave to 

Reply to Plaintiff’s Opposition. 

 

1

 Pursuant to the Uniform Initial Order, Skilstaf’s counsel contacted Plaintiff’s counsel on April 

25, 2007, and Plaintiff’s counsel indicated that he had no objection to the requested extension.

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9. Skilstaf has filed this notice pursuant to a conversation Skilstaf’s 

counsel had with Judge Thompson’s clerk, wherein said clerk suggested that 

Skilstaf clarify the record with respect to the filing of its reply to Plaintiff’s 

Opposition. 

Respectfully Submitted, 

 s/Charles A. Stewart III 

Charles A. Stewart III (STE067) 

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 

cstewart@bradleyarant.com

s/Amelia T. Driscoll 

Amelia T. Driscoll (DRI016) 

Bradley Arant Rose & White LLP

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

adriscoll@bradleyarant.com

Attorneys for Defendant 

Skilstaf, Inc. 

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CERTIFICATE OF SERVICE

I hereby certify that on April 27, 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: 

Robert E. Cole 

437 Chestnut Street, Suite 218 

Philadelphia, PA 19109 

Beth A. Friel 

Jeanne L. Bakker 

Mongtomery, McCracken, Walker & Rhoads 

123 South Broad Street 

Philadelphia, PA 19109 

and I hereby certify that I have mailed by U. S. Postal Service the document to the 

following non-CM/ECF participants: None. 

/s/ Amelia T. Driscoll 

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