Estate of Robert Renzel, Deceased et al v. Ventura et al

Filing 191

ORDER by Judge Haywood S. Gilliam, Jr. Granting 190 Stipulation REGARDING CASE SCHEDULE. Designation of Experts due by 10/16/2017; Designation of Rebuttal Experts due by 11/6/2017; Close of Expert Discovery due by 12/4/2017; Motion Hearing set for 1/18/2018 02:00 PM before Hon. Haywood S. Gilliam Jr. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 9/15/2017)

1
2
3
4

Bret A. Stone
SBN 190161 [e-mail]
Kirk M. Tracy
SBN 288508 [e-mail]
PALADIN LAW GROUP® LLP
1176 Boulevard Way
Walnut Creek, CA 94595
Telephone:
[phone]
Facsimile:
[phone]

5
6
7
8

Counsel for Estate of Robert Renzel, Deceased, by and through his
successors in interest, Susan Carter and Ann Renzel Sebastian;
Robert E. Renzel Trust, by and through its trustees, Susan Carter
and Ann Renzel Sebastian; Susan Carter; Ann Renzel Sebastian;
and Bascom Avenue Development LLC

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12

ESTATE OF ROBERT RENZEL,
DECEASED, et al.,

13

Plaintiffs,

14

Case No. 4:15-cv-1648-HSG
STIPULATION AND ORDER REGARDING
CASE SCHEDULE

v.

15

ESTATE OF LUPE VENTURA,
DECEASED, et al.,

16
Defendants.
17
18

AND RELATED CROSS-ACTIONS.

19

Action filed: April 10, 2015
Discovery cut-off: September 8, 2017
Trial date: April 23, 2018

20

WHEREAS, pursuant to the discussion with the Court at the September 14, 2017 Case

21

Management Conference, the parties have met and conferred regarding a proposed modification

22

of the case schedule to further mediation efforts;

23
24
25
26

WHEREAS, a pilot test has been proposed for additional environmental investigation to
support the development of a final remedial action plan and cost estimate;
WHEREAS, the environmental consultants for Renzel have approved the technical scope
of the pilot test at a fixed cost of $237,148.50;

27

WHEREAS, Renzel and Torres have worked diligently and in good faith with each other

28

to negotiate an agreement to share the costs of the pilot test, but have not been able to come to an
STIPULATION AND ORDER REGARDING CASE SCHEDULE

1

agreement;

2
3

WHEREAS, Torres filed a motion for summary judgment against Renzel, ECF No. 187,
currently set for hearing on November 16, 2017;

4
5

WHEREAS, Renzel’s opposition to Torres’s motion for summary judgment is currently
due September 26, 2017 and Torres’s reply brief is due October 3, 2017;

6
7

WHEREAS, the Court set the current deadlines in this matter in its May 15, 2017 Order
Amending Case Schedule and Vacating Case Management Conference, ECF No. 167; and

8
9

WHEREAS, the parties agree to continue expert discovery deadlines by approximately 30
days, to facilitate mediation of a cost sharing agreement for the pilot study;
THEREFORE, all parties1 herby stipulate with each other as follows, and request that the

10
11

Court so order the terms of this stipulation:

12

1.

No later than October 13, 2017, Renzel and Torres will conduct a mediation

13

session to reach an agreement on cost sharing for the pilot study mentioned above, and thereby

14

will provide approval for commencement of the investigation. An insurance company

15

representative with authority to settle shall attend the mediation session in person for each of

16

Renzel’s and Torres’s respective insurers. If Renzel and Torres reach a cost sharing agreement

17

prior to October 13, 2017, a mediation session shall not be necessary;

18
19

2.

No later than October 13, 2017, the parties shall report back to the Court on the

result of the mediation;

20

3.

If a stipulation to stay the litigation, including the length of time proposed for such

21

a stay, is not filed by October 13, 2017, the parties shall appear at a further Case Management

22

Conference on October 17, 2017 at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street,

23

Oakland, before the Hon. Haywood S. Gilliam Jr.;

24

4.

The briefing schedule for Torres’s motion for summary judgment against Renzel,

25

ECF No. 187, shall be modified as follows: Renzel’s opposition is due no later than October 27,

26

2017; Torres’s reply shall be due no later than November 6, 2017; the hearing shall remain as

27
1

28

A copy of this stipulation was provided to all pro se parties via email on September 14, 2017,
requesting their review and agreement by signature. No objections were received.
-2STIPULATION AND ORDER REGARDING CASE SCHEDULE

Case No. 4:15-cv-1648-HSG

1
2

scheduled for November 16, 2017; and
5.

The following deadlines shall be set for this matter:

3

a. Affirmative expert designation:

October 16, 2017

4

b. Rebuttal expert designation:

November 6, 2017

5

c. Expert discovery cutoff:

December 4, 2017

6

d. Deadline for hearing of dispositive motions:

January 18, 2017, at 2:00p.m.

7

e. Pretrial conference:

April 10, 2018, at 3:00 p.m.

8

f. Trial date:

April 23, 2018, at 8:30 a.m.

9
10

IT IS SO STIPULATED
DATED: September 15, 2017

11

/s/ Bret A. Stone

12
13

PALADIN LAW GROUP® LLP

Counsel for Renzel
DATED: September 15, 2017

LEWIS BRISBOIS BISGAARD & SMITH LLP

14
/s/ Glenn A. Friedman
15
Counsel for Counter Defendants Ann Renzel
Sebastian, Susan Carter and the Estate of Robert
Renzel

16
17
18

DATED: September 15, 2017

CAUFIELD & JAMES LLP

19

/s/ Jeffery L. Caufield

20

Counsel for Alfredo and Carmen Torres

21
22

DATED: September 15, 2017

23

HYANG BAE WHANG, SEON GEUN WHANG,
KYU CHUK WHANG
Pro se

24
25
26
27

DATED: September 15, 2017
GARY TRAN
Pro se

28
-3STIPULATION AND ORDER REGARDING CASE SCHEDULE

Case No. 4:15-cv-1648-HSG

1
2

DATED: September 15, 2017
THU HUYNH and NGOC T.B. TRAN

3
4

DATED: September 15, 2017

5
UKTAE HAN and MIJA HAN
Pro Se

6
7
8

Good cause appearing, IT IS SO ORDERED except that the deadline for hearing of dispositive
motions is January 18, 2018, at 2:00p.m.

9
10
11

Dated: September 15, 2017

_________________________________________
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4STIPULATION AND ORDER REGARDING CASE SCHEDULE

Case No. 4:15-cv-1648-HSG