DUDU13 Sie AG Law JIRos ArrN Cevi aG &orp lleate M, C Pl orat AAza X95678-6602 iEYonBldg. B

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ROBERT P. DUDUGJIAN, ES. (SBN: 070707)

EDWARD A. SMITH, ESQ. (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

Ronald S. Greenwell and Carla Robbins Lewis

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

Adeline S. Greenwell, an individual,

Plaintiff,

vs.

Ronald Stremel Greenwell, an individual; Randee J.

Brady, an individual; Carla Robbins Lewis, an

individual

Defendants.

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

STIPULATION AND ORDER

CONTINUING OR EXTENDING

DISCOVERY DEADLINES

For reasons set forth below, the parties hereto, by and through their respective counsel of

record hereby stipulate to continue existing discovery and motion deadlines and respectfully request

that the court enter an order authorizing the extension of said deadlines as set forth herein:

1. Plaintiff, Adeline S. Greenwell died on or about June 28, 2005. The death of

Adeline S. Greenwell has resulted in substantial delays concerning the ability of the parties and

interested persons to prepare and respond to discovery. A pending motion is scheduled for a hearing

on October 17, 2005 before this court to substitute a new plaintiff. From June 28, 2005 to the

present, a period in excess of three months, plaintiff has been unable to respond to discovery.

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2. The defendant and estate representatives have stipulated to submit to the court

sponsored Voluntary Dispute Resolution Program and the court has entered orders thereon. A

mediator was appointed on October 4, 2005. However, the mediator is unavailable until October 17,

2005 and it is not likely that the mediation will occur until November or December, 2005.

3. The parties believe it would be desirable to defer the time and expense of completing

discovery until after the mediation because it would tend to make it more likely that the case might

settle.

The parties respectfully request that the court issue an order revising the discovery and

motion deadlines as set forth below or alternatively, that the court issue a revised scheduling order

as the court deems appropriate:

Existing Deadlines Proposed Revised Deadlines

Last day to propound discovery

October 21, 2005 December 21, 2005

Last day to serve notice of discovery motions

November 1, 2005 January 3, 2006

Discovery Cut-off

November 25, 2005 January 27, 2006

Last day to designate expert witnesses

January 20, 2006 March 24, 2006

Last day to serve notice of dispositive motions

March 3, 2006 April 21, 2006

Last hearing date for all dispositive motions

April 3, 2006 May 26, 2006

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The parties are not requesting a revision to the existing schedule deadlines for the following:

Deadline to filed the Pretrial Statement, Final Pretrial Conference, briefing schedules and the trial

date.

Dated: October 7, 2005 DUDUGJIAN & MAXEY

A Law Corporation

By: /s/ Edward A. Smith 

EDWARD A. SMITH,

Attorneys for Defendants RONALD S.

GREENWELL and CARLA ROBBINS LEWIS

Dated: October 7, 2005 MORRIS LAW FIRM, PLLC

/s/ Richard W. Morris 

RICHARD W. MORRIS, Attorney

for Plaintiff, ADELINE S. GREENWELL,

Deceased

ORDER

Good cause having been established to the satisfaction of the court, it is ordered that the

existing scheduling order is vacated and the court hereby adopts the revised scheduling order as set

forth in the herein referenced stipulation.

Date: October 12, 2005

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MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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