Case Document 33 Filed 12/09/05 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN ESTATE OF MARCUS MALONE, ET AL. PLAINTIFFS VS. CAUSE NO: BRIAN MONTGOMERY, ET AL. DEFENDANT MOTION FOR A NEW SCHEDULING ORDER NOW INTO COURT COMES Plaintiff, ESTATE OF MARCUS MALONE, ET AL, and moves this Ceurt fer a Metien fer a New Scheduling Order, and weuld respectfully shew unte the Ceurt as fellews, te-wit: I. The instant ease was ?led on or about Fehritar},r 13, 2000. 2. The dates Fer the current Scheduling Order have been affected by Hurricane Katrina and new dates need In he issued by the Court. 3- Plaintitfs further request that this Court enter a new Seheduling Order setting the appropriate deadlines for depositions, diseet'ery, dispnsitive metiens and ultimately, trial en the merits ei? this matter. Case Document 33 Filed 12/09/05 Page 2 of 2 WHEREFURE, Plaintiffs pray that the Court enter a scheduling Order setting the appropriate deadlines for depositions, discovery, dispositiye motions and ultimately, trial on the merits ofthis matter. Respectfully submitted Mark V. Kniahlen MARE: V- KNIGHTEN CERTIFIC ATE I, V. do hereby certify that I have mailed, ?rst class postage prepaid, a true and correct copy of the above and foregoing Motion to Lift Stay to the usual and regular mailing address of the following: Gary E. Friedman, Esq. A. Matt Pesnell, Esq. Mark D. Figman, Esq. PHELPS DUNBAR, L.L.P. Box 23066 Jackson, MS ssaassoss Peyton Randolph, Esq. 4513 Steed Road Ridgeland MS 3915? so CERTIFIED on this the day aoo4. .isi' Mark V. Knighten MARK. V. KNIGHTEN Prepared By: Mark V. Knighten, Esq. I I3 Jackson Avenue PO Box It] Pascagoula, MS Telephone: 22 3?759?1 199 Facsimile: 18 MS Bar No: 4223