"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: email@example.com