Yates v. King of the Roll II et al

Filing 17

STIPULATION AND ORDER CONTINUING CMC re 16 Proposed Order filed by Craig Yates. Signed by Judge Edward M. Chen on 3/30/10. (bpf, COURT STAFF) (Filed on 3/30/2010)

Case3:09-cv-01901-EMC Document16

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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: [phone] [e-mail] [e-mail] Attorneys for Plaintiff CRAIG YATES
SCOTT S. SHEPARDSON, State Bar No. 197446 [e-mail] ELLEN M. PAPADAKIS, State Bar No. 186621 [e-mail] NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Telephone: [phone] Fax: [phone] Attorneys for Defendants KING OF THE ROLL II; VANNA HUANG; and JOHN WEN JAMES R. HASTINGS, ESQ. (SBN 079066) [e-mail] J. R. HASTINGS LAW CORPORATION 851 Irwin Street, Suite 206 San Rafael, CA 94901-3343 T: [phone] F: [phone] 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,

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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.

The case management conference is reset from 4/7/10 to 6/16/10 at 1:30 p.m. A joint CMC statement shall be filed by 6/9/10.
S DISTRICT

Dated:

3/30/10
UNIT ED

E HON. EDWARD M. CHEN AT

C T MAGISTRATE JUDGE FOR U.S. DISTRICT COURT

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