1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

SF #922932 -1- 

STIPULATION AND [PROPOSED] ORDER RE TRIAL CONTINUANCE AND CONSOLIDATION OF CASES 

FOR TRIAL 

THELEN REID

& PRIEST LLP

ATTORNEYS AT LAW

ROBERT A. DOLINKO, State Bar No. 076256 

CHRIS BAKER, State Bar No. 181667 

DEBORAH SCHWARTZ, State Bar No. 208934 

THELEN REID & PRIEST LLP 

101 Second Street, Suite 1800 

San Francisco, California 94105 

Telephone: (415) 371-1200 

Attorneys for Defendant 

THOMSON FINANCIAL INC. 

ROBERT P. BIEGLER, State Bar No. 88506 

BIEGLER ORTIZ & CHAN 

1107 Ninth Street, Suite 1025 DATES OK/HAV 

Sacramento, California 95814 

Telephone: (916) 444-3971 

Attorney for Plaintiff 

ANDREW CARELTON 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

GAYDA AIRTH 

PATRICIA MALONE KEANE 

JACK STEVENSON 

ANDREW CARELTON 

Plaintiff, 

vs. 

THOMPSON FINANCIAL CO., INC., THE 

THOMPSON CORPORATION, a 

Corporation, and DOES 1-5, inclusive, 

Defendants. 

. 

Case Nos: CIV S-04-2536 DFL GGH 

 CIV S-04-2537 DFL GGH 

 CIV S-04-2538 DFL GGH 

 CIV S-04-2539 DFL GGH 

 

STIPULATION AND [PROPOSED] 

ORDER RE TRIAL CONTINUANCE 

AND CONSOLIDATION OF CASES FOR 

TRIAL 

The parties to the above-entitled actions have met and conferred and hereby jointly submit 

the following Stipulation and Order. 

WHEREAS the parties intend to mediate these four cases in an effort to resolve them; 

Case 2:04-cv-02538-DFL-GGH Document 27 Filed 04/03/06 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

SF #922932 -2- 

STIPULATION AND [PROPOSED] ORDER RE TRIAL CONTINUANCE AND CONSOLIDATION OF CASES 

FOR TRIAL 

THELEN REID

& PRIEST LLP

ATTORNEYS AT LAW

WHEREAS a mediation was last scheduled to take place on March 30th, 2006, but was 

canceled due to the unavailability of one plaintiff and then the mediator; 

WHEREAS, due to the schedule of the various parties, their counsel, and the mediator, a 

further mediation cannot be held until May 2006 at the earliest; 

WHEREAS, the final pre-trial conference in this case is currently scheduled for May 10, 

2006 and trial is scheduled for June 26, 2006; 

WHEREAS, it would not serve the interests of the Court or the parties to proceed with a 

pre-trial conference and trial prior to a meaningful mediation and possible settlement of the action; 

WHEREAS, the parties have contacted the Court and obtained alternative dates for a pretrial conference and trial in this matter; and 

WHEREAS, the parties have considered the matter and concluded that consolidating the 

four above-referenced cases for trial best serves judical economy; 

NOW, THEREFORE, the parties stipulate as follows: 

1. The above-captioned cases shall be consolidated for purposes of trial; 

2. The final pre-trial conference in the above-referenced cases shall be continued to 

2:00 p.m. on July 28, 2006; seven days prior to the pre-trial conference, the parties shall submit a 

joint pre-trial statement and otherwise comply with Court’s March 28, 2005 Status Order 

concerning the Final Pre-Trial Conference; and 

// 

// 

// 

// 

// 

// 

// 

// 

// 

//

Case 2:04-cv-02538-DFL-GGH Document 27 Filed 04/03/06 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

SF #922932 -3- 

STIPULATION AND [PROPOSED] ORDER RE TRIAL CONTINUANCE AND CONSOLIDATION OF CASES 

FOR TRIAL 

THELEN REID

& PRIEST LLP

ATTORNEYS AT LAW

3. The trial in the above-referenced cases shall be continued until September 11, 2006 

starting at 9:00 a.m. 

It is so stipulated. 

 

Dated: March 28, 2006 

THELEN REID & PRIEST LLP 

By /s/ Robert A. Dolinko

Robert A. Dolinko 

Attorneys for Defendant 

THOMSON FINANCIAL INC. 

Dated: March 28, 2006 

BIEGLER ORTIZ & CHAN 

By /s/ Robert P. Biegler

Robert P. Biegler 

Attorneys for Plaintiffs 

ORDER 

The Court, having considered the parties’ Stipulation and Proposed Order and the other 

pleadings on file in these cases, orders as follows: 

1. The above-captioned cases are consolidated for trial; 

2. The pre-trial conference is continued until July 28, 2006, starting at 2:00 p.m. 

3. The trial is continued until September 11, 2006, starting at 9:00 a.m. 

Dated: 3/31/2006 

______________________________ 

DAVID F. LEVI 

United States District Judge

Case 2:04-cv-02538-DFL-GGH Document 27 Filed 04/03/06 Page 3 of 3