MOTION TO QUASH SERVICE OF PROCESS AND DISMISS FOR

							                         IN THE UNITED STATES DISTRICT COURT
                        FOR THE WESTERN DISTRICT OF VIRGINIA
                                  Charlottesville Division

ROY M. TERRY, JR., RECEIVER, et al.,

                                     Plaintiffs             Case No. 3:04-CV-00064

v.
                                                            NORMAN K. MOON
THOMAS R. WALKER, et. al.                                   U.S. DISTRICT JUDGE

                                     Defendants             B. WAUGH CRIGLER
                                                            MAGISTRATE JUDGE

________________________________________________________________________

      CONSENT MOTION TO AMEND THE CURRENT SCHEDULING ORDER

       NOW COME the Defendants, Thomas R. Walker, Christine M. Walker and AutoMix,

Inc., by and through their attorney, James F. Roll, and moves the Court pursuant to Federal Rule

of Civil Procedure 6(b)(1) as follows:

1.     That a previous scheduling order was issued by the late Honorable James H. Michael, Jr.,

       which required the parties to file all dispositive motions on or before November 15, 2005

       and responses thereto to be filed by December 1, 2005, and then a hearing on all

dispositive motions and a further pretrial conference was scheduled on December 12,       2005 at

10:00 AM.

2.     That paramount to this case is the issue regarding choice of law.

3.     That the dispositive motions to be filed by the parties are dependent upon the issue of

       choice of law.

4.     That the parties have consulted and agreed that the issue of choice of law should be

       decided by this Honorable Court prior to the filing of dispositive motions.
5.     That in light of the above, the parties request that the scheduling order be amended so

       that the issue of choice of law be heard by this Honorable Court first, and that after this

       Honorable Court issues an opinion regarding the choice of law, that the Court issue a

       scheduling order for dispositive motions and a further pretrial conference.

6.     That Defendants’ attorney did consult with this Honorable Court’s scheduling clerk with

       regard to this Court’s availability to hear the parties’ motions on choice of law, and was

       informed that the following dates were available:

       January 13, 2006 for the Receiver to file its motions on choice of law;

       January 27, 2006 for Defendants to respond to the Receiver’s motion for choice of

       law;

       February 10, 2006 for a hearing on the motions regarding choice of law.

       WHEREFORE, the Receiver and the Defendants respectfully request the Court to amend

the scheduling order so that the motions for choice of law are filed first, and then after an

opinion is issued by this Honorable Court on choice of law, issue a scheduling order for

dispositive motions and a pretrial accordingly.



                                                    THOMAS R. WALKER,
                                                    CHRISTINE M. WALKER,
                                                    AUTOMIX, INC.

                                                    By Counsel


s/ James F. Roll
James F. Roll (P58866)
JAMES F. ROLL, PLLC
Counsel for Defendants
4721 Stoddard Drive
Troy, MI 48085
Tel: 248-689-1801
Fax: 248-457-0368

s/ Neal L. Walters
Neal L. Walters
Scott Kroner PLC
Counsel for Defendants
418 E. Water Street
P.O. Box 2737
Charlottesville, VA 22902
Tel: 434-296-2161
Fax: 434-293-2073

             Counsel for the Defendants


s/ Douglas Scott
Douglas Scott VSB No. 28211
DuretteBradshaw, PLC.
Counsel for the Receiver
600 E. Main Street, 20th floor
Richmond, VA 23219
Tel: 804-775-6900
Fax: 804-775-6911

             Counsel for the Receiver
44985\NLW\\Nwalters\Documents\Client Files\General Legal\Walker, Tom\Consent Motion to Extend Memoranda Deadlines for S.J..wpd




=====================================================================

                                                          CERTIFICATE OF SERVICE

        I hereby certify that on November 7, 2005, 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: Barrett Erskin Pope, Douglas Alan Scott, John C. Smith and Roy M. Terry, Jr.,
DURRETTE BRADSHAW, 20TH FLOOR, 600 EAST MAIN STREET, RICHMOND, VA
23219 and I hereby certify that I have mailed by United States Postal Service the document to
the following non-CM/ECF participants: N/A.



                                                                    s/Neal L. Walters
                                                                    Neal L. Walters, Esq.
                                                                    Attorney for Defendants
                                                                    Scott*Kroner PLC
                                                                    418 East Water Street
P.O. Box 2737
Charlottesville, VA 22902
Telephone: (434) 296-2161
Fax: (434) 293-2073
E-mail: nwalters@scottkroner.com