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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PRE-TRIAL CONFERENCE 1

THOMAS E. FRANKOVICH (State Bar No. 074414)

JULIA M. ADAMS (State Bar No. 230795)

THOMAS E. FRANKOVICH,

A Professional Law Corporation

2806 Van Ness Avenue

San Francisco, CA 94109

Telephone: 415/674-8600

Facsimile: 415/674-9900

Attorneys for Plaintiffs

BYRON CHAPMAN

and DISABILITY RIGHTS 

ENFORCEMENT, EDUCATION 

SERVICES: HELPING YOU 

HELP OTHERS

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA 

BYRON CHAPMAN, an individual; and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES:HELPING

YOU HELP OTHERS, a California public

benefit corporation,

Plaintiffs,

v.

DAVIS ORTHOPEDIC BUILDING

PARTNERS; and JAMES

CUNNINGHAM & MARGARET

CUNNINGHAM, as trustees of the

CUNNINGHAM TRUST, 

Defendants.

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CASE NO. CIV.S04-1668 WBS GGH

STIPULATION AND [PROPOSED]

ORDER CONTINUING THE PRE-TRIAL

CONFERENCE

Plaintiffs BYRON CHAPMAN, an individual; and DISABILITY RIGHTS

ENFORCEMENT, EDUCATION SERVICES: HELPING YOU HELP OTHERS, a California

public benefit corporation, through their undersigned counsel, and defendants DAVIS

ORTHOPEDIC BUILDING PARTNERS; and JAMES CUNNINGHAM & MARGARET

Case 2:04-cv-01668-WBS-GGH Document 25 Filed 01/09/06 Page 1 of 3
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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PRE-TRIAL CONFERENCE 2

CUNNINGHAM, as trustees of the CUNNINGHAM TRUST, through their undersigned

counsel, stipulate, and respectfully request as follows:

1. WHEREAS the parties are diligently working to settle this matter informally;

and 

2. WHEREAS a Pre-trial conference is on calendar for Monday, January 17, 2006;

and

3. WHEREAS the parties wish to avoid burdening the Court’s time unnecessarily,

as well as avoid incurring any further expenses when a settlement may be imminent;

4. THEREFORE, the parties stipulate and respectfully request that the Pre-trial

conference be continued to February 20, 2006, or some date thereafter, as is convenient for the

Court, and the deadlines to file Pre-trial documents be continued in accordance with Local

Rule 16-281.

IT IS SO STIPULATED. 

DATED: January 4, 2006 THOMAS E. FRANKOVICH,

A PROFESSIONAL LAW CORPORATION

By:__/s/ Julia M. Adams___________________

Julia M. Adams

Attorneys for Plaintiffs BYRON CHAPMAN and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES

DATED: January 4, 2006 BOUTIN, DENTINO, GIBSON, DI GIUSTO &

HODELL, INC.

By:__/s/ Michael E. Chase__________________

Michael E. Chase

Attorneys for Defendant JAMES

CUNNINGHAM, as trustee of the

CUNNINGHAM FAMILY TRUST

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PRE-TRIAL CONFERENCE 3

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DATED: January 4, 2006 PORTER, SCOTT, WEIBERG & DELEHANT

By:__/s/ Laura J. Marabito___________

Laura Marabito

Attorney for Defendants DAVIS ORTHOPEDIC

BUILDING PARTNERS

ORDER

IT IS HEREBY ORDERED that the Pre-trial conference shall be continued from

January 17, 2006, to February 17, 2006 at 10:00 am, and the deadlines to file Pre-trial

documents be continued in accordance with Local Rule 16-281.

Dated: January 6, 2006

Case 2:04-cv-01668-WBS-GGH Document 25 Filed 01/09/06 Page 3 of 3