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STIPULATION AND ORDER TO CONTINUE TRIAL DATE 

AND SET DATE FOR SETTLEMENT CONFERENCE

DARREL K. YASUTAKE (Bar #142927)

HUBERT & YASUTAKE

A Professional Corporation

1390 Willow Pass Road, Suite 360

Concord, California 94520

Telephone: (925)680-4266

Facsimile: (925)680-4259

Attorneys for Plaintiff

STATE FARM GENERAL INSURANCE COMPANY

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

STATE FARM GENERAL INSURANCE

COMPANY, 

Plaintiff,

vs.

SUNBEAM PRODUCTS, INC.,

Defendant.

 /

Case No. CIV.S-04-2498 FCD DAD

STIPULATION AND ORDER TO

CONTINUE TRIAL DATE AND SET

DATE FOR SETTLEMENT

CONFERENCE

“AS MODIFIED”

Trial: March 28, 2006

Time: 9:00 a.m.

Judge: Frank C. Damrell, Jr.

COMES NOW, the parties, Plaintiff State Farm General Insurance and Defendant 

Sunbeam Products, Inc., by and through their respective counsel of record, hereby stipulate and

agree that good cause exists for the continuance of the trial date herein and to schedule a

settlement conference date prior to the new trial date.

On February 24, 2006, counsel for Plaintiff, Darrel K. Yasutake sent an email message to

Maureen A. Price, Courtroom Deputy Clerk to the Honorable Frank C. Damrell, Jr., with a copy

to counsel for Defendant, David J. O’Connell, advising her that the parties had conferred and

agreed to seek the scheduling of a settlement conference prior to the current trial date of 

March 28, 2006.

On March 2, 2006, Ms. Price advised counsel that due to the Court’s trial schedule, the

trial in this action could not proceed as scheduled on March 28, 2006. Ms. Price requested that 

Case 2:04-cv-02498-FCD-DAD Document 28 Filed 03/08/06 Page 1 of 3
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STIPULATION AND ORDER TO CONTINUE TRIAL DATE 

AND SET DATE FOR SETTLEMENT CONFERENCE

1

the parties provide the Court with this Stipulation and Proposed Order to reset the trial date and

schedule a settlement conference date, along with dates the parties would be available for the

trial and settlement conference.

Counsel for Plaintiff and Defendant have conferred on dates they are available for both

the trial and settlement conference. These dates are as follows:

Available Trial Dates: Week of May 8, 2006.

Week of May 15, 2006.

Week of June 5, 2006.

Settlement Conference Dates: March 15 (afternoon only), 16, 21 (afternoon only),

or 23; April 10, 11, 12 or 13.

The parties hereto request that the Court reset the trial date in this action and schedule a

settlement conference date in accordance with the dates provided herein.

DATED: March 6, 2006 HUBERT & YASUTAKE 

A Professional Corporation

 By: /s/ Darrel K. Yasutake 

Darrel K. Yasutake

Attorneys for Plaintiff STATE FARM GENERAL 

INSURANCE COMPANY

DATED: March 6, 2006 WIEDER & McAULIFFE, LTD.

 By: /s/ David J. O’Connell

David J. O’Connell

Attorneys for Defendant

SUNBEAM PRODUCT, INC.

///

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///

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STIPULATION AND ORDER TO CONTINUE TRIAL DATE 

AND SET DATE FOR SETTLEMENT CONFERENCE

/// 2

The stipulation as entered above is accepted except for paragraph 3 and is modified as follows: 

On March 2, 2006, Ms. Price advised counsel that a settlement conference could not be set

before the District Judge but could be set before the Magistrate Judge. Ms. Price also notified

counsel that due to the Court’s trial schedule, the trial in this action could not proceed as

scheduled on March 28, 2006. Ms. Price requested that the parties provide the Court with a 

Stipulation and Proposed Order requesting a settlement conference and submitting proposed dates

of counsel’s availability for the settlement conference and a new trial date.

IT IS SO ORDERED:

1. The trial date in this action is reset to October 24, 2006 at 9:00 a.m.

2. A settlement conference is set for Thursday, March 23, 2006 at 10:00 a.m. in

Courtroom 27 before the Magistrate Judge Dale A. Drozd. Pursuant to Local

Rule16-270 the parties shall submit, to the chambers of Magistrate Drozd,

confidential settlement conference statements on or before March 16, 2006. 

3. All dates related to the submission and exchange of trial documents as directed in

the Pretrial Order filed January 30, 2006 shall be in accordance with the new trial

date.

DATED: March 8, 2006

/s/ Frank C. Damrell Jr.

FRANK C. DAMRELL, JR.

United States District Judge

Case 2:04-cv-02498-FCD-DAD Document 28 Filed 03/08/06 Page 3 of 3