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 TIMOTHY S. THIMESCH, ESQ. 148213 

GENE A. FARBER, ESQ. 44215 – Of Counsel 

158 Hilltop Crescent 

Walnut Creek, CA 94597-3452 

Tel: 925/588-0401 

tim@thimeschlaw.com 

genefarber@gmail.com 

Attorneys for Plaintiff CRAIG YATES 

SCOTT S. SHEPARDSON, State Bar No. 197446 

sshepardson@nixonpeabody.com 

ELLEN M. PAPADAKIS, State Bar No. 186621 

epapadakis@nixonpeabody.com 

NIXON PEABODY LLP 

One Embarcadero Center, 18th Floor 

San Francisco, California 94111-3600 

Telephone: (415) 984-8200 

Fax: (415) 984-8300 

Attorneys for Defendants KING OF THE ROLL II; 

VANNA HUANG; and JOHN WEN 

JAMES R. HASTINGS, ESQ. (SBN 079066) 

jrhastingsoffice@pacbell.net 

J. R. HASTINGS LAW CORPORATION 

851 Irwin Street, Suite 206 

San Rafael, CA 94901-3343 

T: (415) 459-6635 

F: (415) 459-6756 

Attorney for Defendants 

JOHN C. REYNOLDS and DOLORES A. REYNOLDS 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

CRAIG YATES, 

Plaintiff, 

v. 

KING OF THE ROLL II; WAYNE 

CHANG; VANNA HUANG; JOHN 

WEN; JOHN C.. REYNOLDS; 

DOLORES A. REYNOLDS; DOE 

TRUSTS 1-5; and DOES 6 

through 50, inclusive, 

Defendants. 

CASE NO. CV-09-1901 EMC 

Civil Rights 

STIPULATION AND [Proposed] ORDER TO 

CONTINUE CASE MANAGEMENT 

CONFERENCE 

Case Management Conference: 

Date: April 7, 2010 

Time: 1:30 PM 

Place: Courtroom C, 15th Fl. 

Judge: Hon. Edward M. Chen 

/ 

 The parties request a 60 day continuance of the Case Management Conference scheduled 

for April 7, 2010 to permit completion of negotiations and/or mediation. The parties are pleased 

to report that they have been cooperating and have made the following progress toward resolution 

of the matter. To date, the parties have completed a joint site inspection, attended by all parties, 

consultants and counsel, as required by General Order 56. Plaintiff has provided defendants with 

his demand as to remediations along with the report of his principal access consultant Karl Danz, 

Case 3:09-cv-01901-EMC Document 17 Filed 03/30/10 Page 1 of 2 Case3:09-cv-01901-EMC Document16 Filed03/30/10 Page1 of 2
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which contained his proposed remediation drawings. The parties have reached agreement in 

writing as to the detailed list of remedial work to be performed at the site, much of which has 

already been completed. The parties are now in the process of negotiating the remaining 

monetary claims and anticipate reaching either resolution or impasse within the next 60 days. 

In order to maintain the momentum toward settlement and to assist the parties in their 

negotiations, the parties request referral of this matter to court-sponsored mediation. 

 SO STIPULATED. 

Dated: March 30, 2010 THIMESCH LAW OFFICES 

TIMOTHY S. THIMESCH 

/s/ Authorized Signed 

Attorneys for Plaintiff 

CRAIG YATES 

Dated: March 30, 2010 NIXON PEABODY LLP 

/s/ Authorized Signed 

ELLEN M. PAPADAKIS 

Attorneys for Defendants 

KING OF THE ROLL II; VANNA HUANG; and 

JOHN WEN 

Dated: March 30, 2010 JAMES R. HASTINGS, ESQ. 

J. R. HASTINGS LAW CORPORATION 

/s/ Authorized Signed 

Attorneys for Defendants 

JOHN C. REYNOLDS and DOLORES A. 

REYNOLDS 

ORDER

SO ORDERED. 

Dated: HON. EDWARD M. CHEN 

 MAGISTRATE JUDGE FOR U.S. DISTRICT COURT

Case 3:09-cv-01901-EMC Document 17 Filed 03/30/10 Page 2 of 2 Case3:09-cv-01901-EMC Document16 Filed03/30/10 Page2 of 2