Employers Mutual Casualty Company v. Carl Hobbs Construction Company, Inc. et al

Filing 69

ORDER that the Court finds the Construction Company Defendants' Partially Opposed 61 Motion to Continue Trial is due to be and hereby is DENIED. Signed by Honorable Judge Mark E. Fuller on 10/17/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
EMPLOYERS MUTUAL CASUALTY
COMPANY,
Plaintiff,
v.
CARL HOBBS CONSTRUCTION
COMPANY, INC., et al.,
Defendants.

)
)
)
)
)
) CASE NO. 1:11-cv-00643-MEF
)
) (WO – Do Not Publish)
)
)
)

ORDER
This cause is before the Court on Defendants Carl Hobbs Construction Company, Inc.,
Carl Hobbs, Donald Trawick, and Hobbs & Trawick d/b/a Carl Hobbs Construction
Company, Inc.’s (collectively, the “Construction Company Defendants”) Partially Opposed
Motion to Continue Trial. (Doc. #61.) Upon consideration of the record as a whole, the
Court finds that the Construction Company Defendants’ Partially Opposed Motion to
Continue Trial is due to be DENIED.
The Federal Rules of Civil Procedure provide that a schedule, such as the Uniform
Scheduling Order (“USO”) in this case, “may be modified only for good cause and with
the judge’s consent,” Fed. R. Civ. P. 16(b)(4), and continuing the trial of this case until
the next non-jury docket would constitute a modification of the USO.

The Court finds that the Construction Company Defendants have not shown good
cause for a continuation of trial. Therefore, the Court finds the Construction Company
Defendants’ Partially Opposed Motion to Continue Trial is due to be and hereby is DENIED.
DONE this the 17th Day of October, 2012.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2