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Stipulated Request to Modify Status (Pre-Trial Scheduling) Order

00384561.WPD

PORTER, SCOTT, WEIBERG & DELEHANT

A Professional Corporation

Nancy J. Sheehan, SBN 1098419

Brendan J. Begley, SBN 202563

350 University Avenue, Suite 200

Sacramento, California 95825

(916) 929-1481 

(916) 927-3706 (facsimile)

Attorneys for Defendants: REGENTS OF THE UNIVERSITY OF CALIFORNIA, LARRY

VANDERHOEF, GREG WARZECKA, PAM GILL-FISHER, ROBERT FRANKS AND

LAWRENCE SWANSON

EQUITY LEGAL

Kristen Galles, Cal. Bar No. 148740

10 Rosecrest Avenue

Alexandria, VA 22301

(703) 683-491

Attorneys for Plaintiffs: MICHAEL D. BURCH, SYLVIA BURCH

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

In Re: MICHAEL D. BURCH & SYLVIA

BURCH,

Debtors.

 /

MICHAEL D. BURCH AND THE

BANKRUPTCY ESTATE OF MICHAEL

D. BURCH,

Plaintiffs,

vs.

BOARD OF REGENTS OF THE

UNIVERSITY OF CALIFORNIA AT

DAVIS; et al., 

Defendants.

 /

CASE NO. S. 04-38 WBS/GGH

STIPULATED REQUEST TO MODIFY

STATUS (PRE-TRIAL SCHEDULING)

ORDER

Case 2:04-cv-00038-WBS-GGH Document 116 Filed 09/02/05 Page 1 of 5
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Stipulated Request to Modify Status (Pre-Trial Scheduling) Order

00384561.WPD

On July 22, 2005, the Court issued an order on various issues, which included a

modification to the Scheduling Order in effect at that time to extend the discovery deadline

to August 26, 2005. Plaintiffs’ counsel started the deposition of Cris Brines on August 26,

2005, but was unable to complete it on that date because of time constraints that the witness

had. Plaintiffs’ counsel has also indicated that she wants to take the deposition of John

Kirkwood, who resides in New York. The parties were unable to come up with a mutually

agreeable date for the deposition of Mr. Kirkwood prior to the August 26th deadline. The

parties are amenable to extending the most recent discovery deadline until September 16,

2005, solely for the purposes of completing the deposition of Cris Brines and taking the

deposition of John Kirkwood. Accordingly, they request that the Court modify its Status

(Pre-Trial Scheduling) Order to extend the time to take and complete the depositions of Cris

Brines and John Kirkwood until September 16, 2005. The requested modification will not

affect any of the other dates established in the Court’s order of July 22, 2005. 

It is so stipulated. 

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Case 2:04-cv-00038-WBS-GGH Document 116 Filed 09/02/05 Page 2 of 5
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Stipulated Request to Modify Status (Pre-Trial Scheduling) Order

00384561.WPD

Dated: August ____, 2005 MICHAEL BURCH, et al.

Plaintiffs

By _________________________________

Kristen Galles

EQUITY LEGAL

10 Rosecrest Avenue

Alexandria, VA 22301

Dated: August ___, 2005 PORTER, SCOTT, WEIBERG & DELEHANT

A Professional Corporation

By_________________________________

Nancy Sheehan 

Brendan J. Begley

Attorneys for Defendants

REGENTS OF THE UNIVERSITY OF

CALIFORNIA, LARRY VANDERHOEF,

GREG WARZECKA,PAM GILL-FISHER,

ROBERT FRANKS AND LAWRENCE

SWANSON

ORDER

GOOD CAUSE APPEARING, the foregoing stipulated request is granted and the

deadline for completing the depositions of Cris Brines and John Kirkwood is extended through

September 16, 2005. 

Dated: September 1, 2005

Case 2:04-cv-00038-WBS-GGH Document 116 Filed 09/02/05 Page 3 of 5
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Stipulated Request to Modify Status (Pre-Trial Scheduling) Order

00384561.WPD

BURCH v. BOARD OF REGENTS, et al.

U.S. DISTRICT COURT, EASTERN DISTRICT CASE NO. CIV.S-04-38 WBS/GGH

BANKRUPTCY CASE NO. 01-31315-B-7

_________________________________________________________________________

PROOF OF SERVICE

I am a citizen of the United States and a resident of the County of Sacramento. I am

over the age of eighteen years and not a party to the above-entitled action; my business address

is 350 University Avenue, Suite 200, Sacramento, CA 95825. 

On August ____, 2005, I served the following document(s):

STIPULATED REQUEST TO MODIFY STATUS (PRE-TRIAL SCHEDULING)

ORDER

XX BY MAIL. I caused such envelope with postage thereon fully prepaid to be placed in

the United States mail at Sacramento, California.

 BY E-MAIL. I caused such document to be emailed to the office of the person(s)

listed below at kgalles@comcast.net and kgalles@abanet.org.

 BY FACSIMILE. I caused such document to be faxed to the office of the person(s)

listed below with an original or copy of said document placed in the United States mail

with postage thereon fully prepaid at Sacramento, California.

addressed as follows:

Kristen Galles

EQUITY LEGAL

10 Rosecrest Avenue

Alexandria, VA 22301

Richard Hanf, Trustee

P.O. Box 6499

Napa, CA 94581

Dan Seigal

Anne Butterfield Weills

SEIGAL & YEE

499 14th Street, Suite 220

Oakland, CA 94612

I declare under penalty of perjury that the foregoing is true and correct and was

executed on August ____, 2005, at Sacramento, California.

Case 2:04-cv-00038-WBS-GGH Document 116 Filed 09/02/05 Page 4 of 5
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Stipulated Request to Modify Status (Pre-Trial Scheduling) Order

00384561.WPD

 __________________________________

Cindy Cannon 

Case 2:04-cv-00038-WBS-GGH Document 116 Filed 09/02/05 Page 5 of 5