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1

LYNN HUBBARD, III, SBN 69773

SCOTTLYNN J HUBBARD, IV, SBN 212970

LAW OFFICES OF LYNN HUBBARD

12 WILLIAMSBURG LANE

CHICO, CA 95926

(530) 895-3252

ATTORNEY FOR PLAINTIFF

TONY HARRIS

K. STEPHEN SWENSON

LAW OFFICES OF K. STEPHEN SWENSON

2485 NOTRE DAME BLVD, SUITE 370-241

CHICO, CA 95928

(530) 899-7500

ATTORNEY FOR DEFENDANTS

CHICO NISSAN, INC. AND RAYMOND L. BOWEN

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TONY HARRIS, ) Case No. CIV.S-04-1149 WBS CBK

 Plaintiff, )

 v. ) STIPULATION AND ORDER

) [proposed] SETTING DEPOSITIONS

CHICO NISSAN, INC., ) INCLUDING DEPOSITION OF 

RAYMOND L. BOWEN, et al. ) RAYMOND L. BOWEN

 Defendants. ) PAST DISCOVERY CUT OFF

TO THE HONORABLE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:

WHEREAS, the parties wish to complete discovery prior to the

discovery cut-off (except as to Raymond L. Bowen, who has suffered

a serious stroke and is currently unable to provide any testimony),

the parties hereto mutually agree to the following depositions at

the indicated date, time and place:

1. October 25, 2005, 1:00 P.M. BRIAN BOWEN

Duensing Court Reporters, Chico, California

2. October 26, 2005, 10:00 A.M. TONY HARRIS

Harris’ home, Cottonwood, California

3. October 27, 2005, 9:00 A.M. JOE CARD

Duensing Court Reporters, Chico, California

Case 2:04-cv-01149-DFL-CMK Document 49 Filed 10/19/05 Page 1 of 3
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____________________________

Stipulation & Proposed Order

re Depositions 2

4. October 27, 2005, 1:30 P.M. MICHAEL BOGA

Duensing Court Reporters, Chico, California

5. Deposition of Raymond L. Bowen for discovery and preservation

of testimony, at a reasonable date, time and place (no later

than 45 days prior to trial) upon clearance by his treating

physician of his fitness to provide testimony. If defendant,

Raymond L. Bowen, is not cleared to testify by that time, his

testimony will be precluded from trial.

6. Defense counsel will notify plaintiff’s counsel within five

days of Raymond L. Bowen’s clearance by his treating

physician.

IT IS SO STIPULATED.

Dated: October 14, 2005. Law Offices of Lynn Hubbard III

Signature on File

By:______________________________

 Lynn Hubbard, III

 Attorney for Plaintiff

Dated: October 14, 2005. Law Offices of K.Stephen Swenson

 /s/ K.Stephen Swenson

By:______________________________

 K.Stephen Swenson, 

 Attorney at Law

Order

Having considered the above stipulation of the parties, and 

GOOD CAUSE APPEAR THEREFORE,

IT IS HEREBY ORDERED THAT: 

The depositions shall be conducted by the parties as to each

deponent and in the order, and on the dates, times, and places, 

set forth above.

IT IS SO ORDERED.

Dated: October 18, 2005.

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____________________________

Stipulation & Proposed Order

re Depositions 3

Case 2:04-cv-01149-DFL-CMK Document 49 Filed 10/19/05 Page 3 of 3