you may want to consider this Motion to Continue. And my apologies for the jumbled apppearance but the main points are numbered below.
To: BEARD MICHAEL K
[email protected]
68-CV-2005-000927.00
Judge: DAN C. KING III
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
The following matter was FILED on 12/15/2009 1:05:46 PM
MARK TRAYWICK, AS EXECUTOR VS ENERGEN CORPORATION ET AL
68-CV-2005-000927.00
MOTION TO CONTINUE
Notice Date: 12/15/2009 1:05:46 PM
[Attorney: TERRY JON BATTON]
EARL CARTER
CIRCUIT COURT CLERK
JEFFERSON COUNTY, ALABAMA
1801 3RD AVENUE NORTH
BESSEMER, AL 35020
205-481-4165
[email protected]
D002 ALABAMA GAS CORPORATION
D003 ALAGASCO, INC.
D001 ENERGEN CORPORATION
/s JON B. TERRY MR.
Check here if you have filed or are filing Date: Signature of Attorney or Party:
contemoraneously with this motion an Affidavit of
Substantial Hardship or if you are filing on behalf of an
agency or department of the State, county, or municipal
government. (Pursuant to §6-5-1 Code of Alabama
(1975), governmental entities are exempt from
prepayment of filing fees)
STATE OF ALABAMA Case No.
Unified Judicial System
68-JEFFERSON - BESSEMER District Court Circuit Court
Revised 3/5/08
MARK TRAYWICK, AS EXECUTOR VS ENERGEN
CORPORATION ET AL
CIVIL MOTION COVER SHEET
Name of Filing Party:
Name, Address, and Telephone No. of Attorney or Party. If Not Represented.
Attorney Bar No.:
JON B. TERRY MR.
1813 3RD AVE. N.
BESSEMER, AL 35020
TER007
TYPE OF MOTION
Motions Requiring Fee Motions Not Requiring Fee
Default Judgment ($50.00)
Joinder in Other Party's Dispositive Motion (i.e.
Summary Judgment, Judgment on the Pleadings, or
other Dispositive Motion not pursuant to Rule 12(b))
($50.00)
Summary Judgment pursuant to Rule 56($50.00)
Renewed Dispositive Motion(Summary Judgment,
Judgment on the Pleadings, or other Dispositive
Motion not pursuant to Rule 12(b)) ($50.00)
Judgment on the Pleadings ($50.00)
Motion to Dismiss, or in the Alternative Summary
Judgment($50.00)
Other
Add Party
Amend
Change of Venue/Transfer
Compel
Consolidation
Continue
Deposition
Designate a Mediator
Judgment as a Matter of Law (during Trial)
Disburse Funds
Extension of Time
In Limine
Joinder
More Definite Statement
Motion to Dismiss pursuant to Rule 12(b)
New Trial
Objection of Exemptions Claimed
Plaintiff's Motion to Dismiss
Preliminary Injunction
Protective Order
Quash
Release from Stay of Execution
Sanctions
Sever
Special Practice in Alabama
Stay
Strike
Supplement to Pending Motion
Vacate or Modify
Withdraw
Other
pursuant to Rule (Subject to Filing Fee)
pursuant to Rule ($50.00)
*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.
**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
*Motion fees are enumerated in §12-19-71(a). Fees
pursuant to Local Act are not included. Please contact the
Clerk of the Court regarding applicable local fees.
Local Court Costs $
D003 - ALAGASCO, INC.
12/15/2009 1:05:13 PM
CV200500092700
Pendente Lite
Oral Arguments Requested
Motion to Intervene ($297.00)
ELECTRONICALLY FILED
12/15/2009 1:05 PM
CV-2005-000927.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
EARL CARTER, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
BESSEMER DIVISION
MARK TRAYWICK, as Executor of the )
Estate of Irene B. Traywick, ))
PLAINTIFFS, ))
vs. ))
ENERGEN CORPORATION, et al., ))
DEFENDANTS, ) CASE NO: CV 2005-927
MOTION TO CONTINUE
Comes now Jon B. Terry, as one of the attorneys for the Defendants and would move to
continue the current trial setting of January 4, 2010 and as grounds therefore would aver as
follows:
1. This case was set for trial several months ago before certain monumental events occurred
that were beyond the anticipation of the attorneys and the clients.
2. Since the setting of this case, one of the two great college football teams in this State has
reached levels on a national scale that have not been enjoyed by any team in this State in 17 years
next preceding the date hereof.
3. Currently, one of the two great teams in this State are playing for a national championship
and has enjoyed an undefeated season and clinched the SEC Title Game.
4. Most of the attorneys representing all of the named Defendants have tickets and
ELECTRONICALLY FILED
12/15/2009 1:05 PM
CV-2005-000927.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
EARL CARTER, CLERK
reservations to be in Pasadena on the 6th day of January, 2010, which date would conflict with the
trial date as travel times and schedules for the game overlap the trial as currently set.
5. In fact, the Honorable Jim Lloyd has children that live in the area and is scheduled to be
with them in California to celebrate the game and the Tide s success.
6. Attempts to resolve this conflict directly with the Plaintiffs has been unfruitful as the
reply has been that they are for the other great team in this State who did not make the playoffs.
Unfortunately, that response remains short-sighted as they may one day find themselves in the
same position that the Defendant attorneys are in and, unfortunately, the BSC Title Game is no
longer scheduled on January 1st, but has been moved to January 7th.
7. In checking with your Honor s Office, it was determined that there are potential quick
dates available during March, the only known conflict being that Jim Lloyd has recently been
elected President of the Birmingham Bar and must attend a conference on March 10-12. Other
than that, the Defendants can be ready to be first out during any available week for trial during the
month of February, March, or April and believe that there would be no harm, considering the
magnitude of this event and its impact on this State, and the fact such an event only comes
infrequently during a person s lifetime and is an achievement of such a magnitude that all
involved in this litigation should want everyone to fully participate in this achievement.
8. It is also understood that many of the witness involved are trying to acquire tickets to the
game and/or scheduled to be at the game in Pasadena on January 7th and certainly any juror
selected to participate will likely be preoccupied and not able to devote their full attention to the
case before them during the week of January 4, 2010, and therefore, the parties would be
prejudiced by the distraction caused by such a major event of such significant importance to so
many people in this State.
9. ROLL TIDE!! ( although my secretary is for the other great team of this State, she feels
that I need to attend this championship game!); and may the Longhorns be defeated.
______/s/ Jon B. Terry________________
JON B. TERRY
OF COUNSEL:
BAINS & TERRY
1813 Third Avenue North
Bessemer, AL 35020
Telephone: (205) 425-1606
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the above and foregoing document on
Michael K. Beard, Esquire
MARSH, RICKARD & BRYAN, P.C.
800 Shades Creek Parkway-Suite 600 D
Birmingham, AL 35209
Michael L. Bell, Equire
Andrew Nix, Esquire
LIGHTFOOT, FRANKLIN & WHITE LLC
The Clark Building
400 North 20th Street
Birmingham, AL 35203
by depositing a copy of the same in the United States Mail, postage prepaid and properly
addressed on this the 15th day of December, 2009.
________/s/ Jon B. Terry__________
JON B. TERRY
To: BEARD MICHAEL K
[email protected]
68-CV-2005-000927.00
Judge: DAN C. KING III
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
The following matter was FILED on 12/15/2009 1:05:46 PM
MARK TRAYWICK, AS EXECUTOR VS ENERGEN CORPORATION ET AL
68-CV-2005-000927.00
MOTION TO CONTINUE
Notice Date: 12/15/2009 1:05:46 PM
[Attorney: TERRY JON BATTON]
EARL CARTER
CIRCUIT COURT CLERK
JEFFERSON COUNTY, ALABAMA
1801 3RD AVENUE NORTH
BESSEMER, AL 35020
205-481-4165
[email protected]
D002 ALABAMA GAS CORPORATION
D003 ALAGASCO, INC.
D001 ENERGEN CORPORATION
/s JON B. TERRY MR.
Check here if you have filed or are filing Date: Signature of Attorney or Party:
contemoraneously with this motion an Affidavit of
Substantial Hardship or if you are filing on behalf of an
agency or department of the State, county, or municipal
government. (Pursuant to §6-5-1 Code of Alabama
(1975), governmental entities are exempt from
prepayment of filing fees)
STATE OF ALABAMA Case No.
Unified Judicial System
68-JEFFERSON - BESSEMER District Court Circuit Court
Revised 3/5/08
MARK TRAYWICK, AS EXECUTOR VS ENERGEN
CORPORATION ET AL
CIVIL MOTION COVER SHEET
Name of Filing Party:
Name, Address, and Telephone No. of Attorney or Party. If Not Represented.
Attorney Bar No.:
JON B. TERRY MR.
1813 3RD AVE. N.
BESSEMER, AL 35020
TER007
TYPE OF MOTION
Motions Requiring Fee Motions Not Requiring Fee
Default Judgment ($50.00)
Joinder in Other Party's Dispositive Motion (i.e.
Summary Judgment, Judgment on the Pleadings, or
other Dispositive Motion not pursuant to Rule 12(b))
($50.00)
Summary Judgment pursuant to Rule 56($50.00)
Renewed Dispositive Motion(Summary Judgment,
Judgment on the Pleadings, or other Dispositive
Motion not pursuant to Rule 12(b)) ($50.00)
Judgment on the Pleadings ($50.00)
Motion to Dismiss, or in the Alternative Summary
Judgment($50.00)
Other
Add Party
Amend
Change of Venue/Transfer
Compel
Consolidation
Continue
Deposition
Designate a Mediator
Judgment as a Matter of Law (during Trial)
Disburse Funds
Extension of Time
In Limine
Joinder
More Definite Statement
Motion to Dismiss pursuant to Rule 12(b)
New Trial
Objection of Exemptions Claimed
Plaintiff's Motion to Dismiss
Preliminary Injunction
Protective Order
Quash
Release from Stay of Execution
Sanctions
Sever
Special Practice in Alabama
Stay
Strike
Supplement to Pending Motion
Vacate or Modify
Withdraw
Other
pursuant to Rule (Subject to Filing Fee)
pursuant to Rule ($50.00)
*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.
**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
*Motion fees are enumerated in §12-19-71(a). Fees
pursuant to Local Act are not included. Please contact the
Clerk of the Court regarding applicable local fees.
Local Court Costs $
D003 - ALAGASCO, INC.
12/15/2009 1:05:13 PM
CV200500092700
Pendente Lite
Oral Arguments Requested
Motion to Intervene ($297.00)
ELECTRONICALLY FILED
12/15/2009 1:05 PM
CV-2005-000927.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
EARL CARTER, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
BESSEMER DIVISION
MARK TRAYWICK, as Executor of the )
Estate of Irene B. Traywick, ))
PLAINTIFFS, ))
vs. ))
ENERGEN CORPORATION, et al., ))
DEFENDANTS, ) CASE NO: CV 2005-927
MOTION TO CONTINUE
Comes now Jon B. Terry, as one of the attorneys for the Defendants and would move to
continue the current trial setting of January 4, 2010 and as grounds therefore would aver as
follows:
1. This case was set for trial several months ago before certain monumental events occurred
that were beyond the anticipation of the attorneys and the clients.
2. Since the setting of this case, one of the two great college football teams in this State has
reached levels on a national scale that have not been enjoyed by any team in this State in 17 years
next preceding the date hereof.
3. Currently, one of the two great teams in this State are playing for a national championship
and has enjoyed an undefeated season and clinched the SEC Title Game.
4. Most of the attorneys representing all of the named Defendants have tickets and
ELECTRONICALLY FILED
12/15/2009 1:05 PM
CV-2005-000927.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
EARL CARTER, CLERK
reservations to be in Pasadena on the 6th day of January, 2010, which date would conflict with the
trial date as travel times and schedules for the game overlap the trial as currently set.
5. In fact, the Honorable Jim Lloyd has children that live in the area and is scheduled to be
with them in California to celebrate the game and the Tide s success.
6. Attempts to resolve this conflict directly with the Plaintiffs has been unfruitful as the
reply has been that they are for the other great team in this State who did not make the playoffs.
Unfortunately, that response remains short-sighted as they may one day find themselves in the
same position that the Defendant attorneys are in and, unfortunately, the BSC Title Game is no
longer scheduled on January 1st, but has been moved to January 7th.
7. In checking with your Honor s Office, it was determined that there are potential quick
dates available during March, the only known conflict being that Jim Lloyd has recently been
elected President of the Birmingham Bar and must attend a conference on March 10-12. Other
than that, the Defendants can be ready to be first out during any available week for trial during the
month of February, March, or April and believe that there would be no harm, considering the
magnitude of this event and its impact on this State, and the fact such an event only comes
infrequently during a person s lifetime and is an achievement of such a magnitude that all
involved in this litigation should want everyone to fully participate in this achievement.
8. It is also understood that many of the witness involved are trying to acquire tickets to the
game and/or scheduled to be at the game in Pasadena on January 7th and certainly any juror
selected to participate will likely be preoccupied and not able to devote their full attention to the
case before them during the week of January 4, 2010, and therefore, the parties would be
prejudiced by the distraction caused by such a major event of such significant importance to so
many people in this State.
9. ROLL TIDE!! ( although my secretary is for the other great team of this State, she feels
that I need to attend this championship game!); and may the Longhorns be defeated.
______/s/ Jon B. Terry________________
JON B. TERRY
OF COUNSEL:
BAINS & TERRY
1813 Third Avenue North
Bessemer, AL 35020
Telephone: (205) 425-1606
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the above and foregoing document on
Michael K. Beard, Esquire
MARSH, RICKARD & BRYAN, P.C.
800 Shades Creek Parkway-Suite 600 D
Birmingham, AL 35209
Michael L. Bell, Equire
Andrew Nix, Esquire
LIGHTFOOT, FRANKLIN & WHITE LLC
The Clark Building
400 North 20th Street
Birmingham, AL 35203
by depositing a copy of the same in the United States Mail, postage prepaid and properly
addressed on this the 15th day of December, 2009.
________/s/ Jon B. Terry__________
JON B. TERRY