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ROBERT P. DUDUGJIAN (SBN: 070707)

EDWARD A. SMITH (SBN: 139950)

DUDUGJIAN & MAXEY

A Law Corporation

13 SierraGate Plaza, Building B

Roseville, California 95678-6602

Telephone: (916) 786-7272

Facsimile: (916) 786-7306

Attorneys for Defendants

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ADELINE S. GREENWELL,

Plaintiff,

vs.

RONALD STREMEL GREENWELL, et. al.

Defendants.

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Case No. CIV-S-04-2205 MCE GGH

STIPULATION AND ORDER

VACATING DISCOVERY

DEADLINES

Defendants and non-party interested persons Coral Lou Glenn Sehara and Marshall & Ilsley

Trust Company stipulate, by and through their respective counsel of record to request that the Court

vacate its discovery order dated October 12, 2005. The good cause basis for the stipulation and

request is as follows:

1. Plaintiff, Adeline S. Greenwell died on or about June 29, 2005.

2. This court entered a revised discovery order by stipulation on October 12, 2005,

extending the existing discovery deadlines, including the discovery cut-off to

January 27, 2006.

3. On November 30, 2005, this court issued an order denying a motion filed on behalf

of Adeline’s daughter, Coral Lou Glenn-Sehara that she and Marshall & Ilsley Trust

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Company be substituted as plaintiffs in this action. Since June 29, 2005, there has

not been a party plaintiff in this action.

4. Prior to the entry of the above referenced order, counsel representing defendants, and

non-party interested persons Coral Lou Glenn Sehara and Marshall & Ilsley Trust

Company had scheduled a number of depositions of party and non-party witnesses

to be taken during the month of January, 2006 before the January 27, 2006 discovery

cut-off date. 

5. In light of the Court’s order referenced in paragraph 3 above, and to avoid the specter

of possible multiple depositions of the same witnesses, counsel have informally

agreed to postpone the scheduled depositions pending the appointment by the court

of an independent fiduciary to serve as the substituted plaintiff in this matter. 

6. Counsel agree that the court appointed fiduciary serving as the substituted plaintiff

and his/her attorney should be involved in discovery and that discovery should be

postponed until after the new substituted plaintiff is appointed by the court. 

7. Given that the discovery cut off is January 27, 2006, it is not practicable that if the

newly appointed plaintiff is appointed in late December, 2005 or early January, 2006,

that discovery can be completed based upon the existing discovery schedule.

For reasons set forth above, defendants and non-party interested persons Coral Lou Glenn

Sehara and Marshall & Ilsley Trust Company, through their respective counsel, request that the court

enter an order vacating the existing discovery schedule and further request that the Court set a new

discovery schedule at the time the new substituted party plaintiff is appointed or at any other

time deemed appropriate by the Court.

DATED: December 8, 2005 DUDUGJIAN & MAXEY

A Law Corporation

By: /s/ Edward A. Smith 

EDWARD A. SMITH

Attorneys for Defendants 

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DATED: December 8, 2005 MORRIS, REATEGUI, PLLC

By: /s/ Richard W. Morris 

Richard W. Morris, 

Attorneys for Coral Lou Glenn Sehara

and Marshall & Ilsley Trust Company

ORDER

Upon the stipulation of defendants and interested persons, and good cause appearing

therefor, IT IS ORDERED that the existing discovery order is hereby vacated. The court will

issue a revised discovery order on or after the appointment of the substituted party plaintiff. The

Court sets a status conference for March 27, 2006 at 9:00 a.m. Parties shall file a joint status

report on or before March 13, 2006. Further, per the Court’s order of December 1, 2005,

defendants’ motion for declaratory relief and motion for leave to file cross-claim, currently set

for hearing on January 9, 2006, are vacated. 

Dated: December 15, 2005

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MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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