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Amended Stipulation and [Proposed] Order to Continue Trial Date and Reschedule Final Pretrial Conference 

1 890628v2 33863/0001 

ROBERT R. RUBIN, ESQ. (SBN 117428) 

MICHAEL S. WILCOX, ESQ. (SBN 215269) 

McDONOUGH HOLLAND & ALLEN PC 

Attorneys at Law 

555 Capitol Mall, 9th Floor 

Sacramento, CA 95814 

Phone: 916.444.3900 

Fax: 916.444.8334 

Attorneys for Plaintiff 

DAVID S. SAVAGE 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

DAVID S. SAVAGE, 

Plaintiff, 

v. 

THE UNITED STATES OF AMERICA, 

Defendant. 

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No. CIV.S-04-2316 WBS KJM 

AMENDED STIPULATION AND 

[PROPOSED] ORDER TO CONTINUE 

TRIAL DATE AND RESCHEDULE 

FINAL PRETRIAL CONFERENCE 

UNITED STATES OF AMERICA, 

Counterclaim Plaintiff, 

v. 

DAVID S. SAVAGE and PHYLISS SAVAGE, 

Counterclaim Defendants. 

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Trial Date: March 28, 2006 

Location: Courtroom 5, 14th Floor 

Time: 9:00 a.m. 

The plaintiff/counterclaim defendant, David S. Savage, and the defendant/counterclaim 

plaintiff, United States, the only parties who have appeared in this case, by and through their counsel 

of record respectfully request that the Court continue the previously set trial date to October 17, 

2006 at 9:00 a.m. for the reasons set forth below. All parties who have appeared agree to the 

proposed continuance. 

Resolution of the summary judgment motion of the IRS will interfere with pretrial matters. 

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Amended Stipulation and [Proposed] Order to Continue Trial Date and Reschedule Final Pretrial Conference 

2 890628v2 33863/0001 

The summary judgment motion of the IRS is set for hearing on February 11, 2006. This case is 

presently set for trial on March 28, 2006. Certain pre-trial matters are due prior to the summary 

judgment motion hearing. It will be most efficient for the parties and the court if the trial date is 

continued so that the resolution of the summary judgment motion will not interfere with pre-trial 

matters. Moreover, the court may wish to take the motion under submission or to have the parties 

provide additional briefing on a point. The proximity of the trial date and the multiple pretrial duties 

imposed on the parties make any delay in decision especially difficult. 

Wherefore, it is requested that (1) the trial date in this case be continued to October 17, 2006 

at 9:00 a.m. in Courtroom 5 of the above-entitled Court, (2) that the Final Pretrial Conference be 

rescheduled for August 28, 2006, at 10:00 a.m., and (3) that all pretrial procedural due dates be 

rescheduled accordingly. 

DATED: January 20, 2006 

McDONOUGH HOLLAND & ALLEN PC 

Attorneys at Law 

By: s/Robert R. Rubin 

Robert R. Rubin 

Attorneys for Plaintiff David S. Savage 

DATED: January 20, 2006 

McGREGOR W. SCOTT 

United States Attorney 

By: s/Richard A. Latterell 

Richard A. Latterell 

U.S. Department of Justice 

Attorneys for the United States of America 

ORDER

IT IS SO ORDERED. 

DATED: January 23, 2006 

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