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Stipulation to Continue Trial

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THE COSTA LAW FIRM

DANIEL P. COSTA, State Bar No. 110919

455 University Avenue, Suite 360

Sacramento, California 95825

Telephone: (916) 920-2856

Telecopier: (916) 920-2857

Attorneys for Defendant

JIMMY RAY MULLINS

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DENISE YEAGER,

Plaintiff,

vs.

AUBURN HONDA, JAY COOPER, JIMMY

RAY MULLINS, HONDA NORTH AMERICA,

INC., and DOES 1 through 30, inclusive,

Defendants.

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CASE NO. CIV.-S-04-0912 WBS GGH

STIPULATION TO CONTINUE

TRIAL DATE, DISCOVERY CUTFF, INCLUDING EXPERT

DISCLOSURE, AND FINAL PRERIAL CONFERENCE 

Date: May 16, 2005 

Time: 1:30 p.m.

Courtroom: 5

Judge William B. Shubb

Trial date: January 31, 2006

WHEREAS on or about April 11, 2005, the DEFENDANTS filed a Motion to Extend: 1)

Discovery cutoff Date, Including Expert Disclosure, 2) Law and Motion Cut off Date, 3) Final PreTrial Conference, and 4) Trial date. PLAINTIFF’S counsel, having received and reviewed said Motion

has agreed not to oppose the Motion and, in fact, to Stipulate to the requests sought in that Motion. 

WHEREAS the Complaint in this action was filed on May 7, 2004. The Pretrial Scheduling

Order entered on July 29, 2004, articulated the following deadlines: 1) That experts be disclosed and

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Stipulation to Continue Trial

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their reports produced by March 18, 2005 with expert discovery completed no later than August 29,

2005; 2) that all other discovery was to be completed by July 29, 2005; 3) that all motions be heard

on or before September 30, 2005; 4) that the Final Pretrial Conference be held on November 21, 2005,

and 5) that the Trial of this matter commence on January 31, 2006. 

WHEREAS PLAINTIFF has caused the DEFENDANTS great delay due to PLAINTIFF’S

refusal to timely respond to written discovery and said delay caused the DEFENDANTS to lose at least

sixmonths time during which they could have been conducting further discovery including depositions.

In light of the lost time, the DEFENDANTS now do not have enough time to complete the thirty-five

depositions they need to complete before the July 29th discovery cut-off. 

THEREFORE, the parties stipulate by and through each’s respective attorney of record to

continue the Trial date and all other deadlines preceding the Trial date by six months. Thus, with Court

approval, the new deadlines would be: 

1) That experts be disclosed and their reports produced on September 19, 2005 with

expert discovery completed no later than February 28, 2006; 

2) That all other discovery was to be completed by January 30, 2006; 

3) That all motions be heard on or before March 30, 2005; 

4) That the Final Pretrial Conference be held on May 22, 2006 at 10:00 am; 

5) That the trial of this matter commence on August 1, 2006 at 9:00 am. 

SO STIPULATED. 

Dated: April ___, 2005 THE COSTA LAW FIRM 

By: ____/s/_______________________

DANIEL P. COSTA 

Attorneys for Defendant

JIMMY RAY MULLINS

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Stipulation to Continue Trial

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Dated: April ___, 2005 WRIGHT & BRITTON

By: ____/s/______________________

JOHN BRITTON

Attorneys for Defendants 

Auburn Honda & Jay Cooper

Dated: April ____ , 2005 By: /s/ 

MARTIN F. JENNINGS, JR. 

Attorneys for Plaintiff

DENISE YEAGER

IT IS SO ORDERED. 

Dated: April 21, 2005

Case 2:04-cv-00912-WBS-GGH Document 56 Filed 04/25/05 Page 3 of 3