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

Filing 198

ORDER by Judge Haywood S. Gilliam, Jr. Granting 196 Stipulation REGARDING LITIGATION STAY. Case Management Statement due by 4/10/2018.; Case Management Conference set for 4/17/2018 02:00 PM. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 10/16/2017)

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1 2 3 4 Bret A. Stone SBN 190161 Kirk M. Tracy SBN 288508 PALADIN LAW GROUP® LLP 1176 Boulevard Way Walnut Creek, CA 94595 Telephone: (925) 947-5700 Facsimile: (925) 935-8488 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 LITIGATION STAY 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 Court’s September 15, 2017 order, ECF No. 191, Renzel and 21 Torres have come to an agreement to share the costs of a proposed pilot study for additional 22 environmental investigation at the property subject to this litigation, with the costs to be borne by 23 Renzel’s and Torres’s respective insurers, to support the development of a potentially less 24 expensive remedial strategy and revised cost estimate; 25 26 27 28 WHEREAS, the environmental consultant estimates the proposed pilot study, once started, will take approximately five (5) months to complete; WHEREAS, Renzel’s motion for summary judgment was taken under submission at the September 14, 2017 hearing; STIPULATION AND ORDER REGARDING LITIGATION STAY 1 2 WHEREAS, Torres filed a motion for summary judgment against Renzel, ECF No. 187, currently set for hearing on November 16, 2017; 3 4 WHEREAS, the Court set the current deadlines in this matter in its September 15, 2017 order, including deadlines for briefing on Torres’ motion for summary judgment against Renzel; 5 WHEREAS, rather than expending resources on attorneys and experts in continued 6 litigation and a trial of the action, if the proposed pilot study is found to be generally successful, 7 the parties believe this effort will significantly increase the likelihood they will be able to fully 8 and finally resolve all of the outstanding litigation between them, and thus allow the parties to 9 focus their time and financial resources on developing a technical approach to address the PCE 10 contamination at the subject property; and 11 WHEREAS, the Renzel and Torres, as well as their insurance company representatives, 12 have confirmed March 15, 2018 for an in-person mediation with Timothy Gallagher, Esq., who 13 has presided over all prior mediations between the parties in connection with this matter; THEREFORE, all parties1 hereby stipulate as follows, and request that the Court so order 14 15 the terms of this stipulation: 16 1. The trial date and other Court dates and deadlines set forth in the Court’s Order of 17 September 15, 2017, are hereby vacated. A new Case Management Conference to discuss further 18 scheduling of the case shall be set for April 17, 2018, at 2:00 p.m., and a joint case management 19 statement shall be submitted by the parties no later than April 10, 2018 to notify the Court of the 20 status of pilot study and the outcome of the parties’ efforts to settle the pending action; 21 22 2. ECF No. 187, currently set for November 16, 2017, will remain on calendar; 23 24 3. All discovery and all motion practice in the action shall be stayed until further ordered by the Court; 25 26 The briefing and hearing on Torres’s summary judgment motion against Renzel, 4. Renzel and Torres, through their respective insurers, shall timely fund the proposed pilot study in its entirety; 27 1 28 A copy of this stipulation was provided to all pro se parties via email on October 10, 2017, requesting their review and agreement by signature. No objections were received. -2STIPULATION AND ORDER REGARDING LITIGATION STAY Case No. 4:15-cv-1648-HSG 1 2 3 5. The parties will evaluate the data from the pilot study and shall discuss the appropriateness of entering into a final settlement; and 6. On March 15, 2018, Renzel and Torres shall participate in a mediation with 4 Timothy Gallagher, Esq. for the purposes of reaching a final settlement agreement. An insurance 5 company representative with authority to settle shall attend the mediation session in-person for 6 each of Renzel’s and Torres’s respective insurers. 7 8 IT IS SO STIPULATED DATED: October 12, 2017 9 /s/ Bret A. Stone 10 11 PALADIN LAW GROUP® LLP Counsel for Renzel DATED: October 12, 2017 LEWIS BRISBOIS BISGAARD & SMITH LLP 12 /s/ Glenn A. Friedman 13 Counsel for Counter Defendants Ann Renzel Sebastian, Susan Carter and the Estate of Robert Renzel 14 15 16 DATED: October 12, 2017 CAUFIELD & JAMES LLP 17 /s/ Jeffery L. Caufield 18 Counsel for Alfredo and Carmen Torres 19 20 DATED: October 12, 2017 21 HYANG BAE WHANG, SEON GEUN WHANG, KYU CHUK WHANG Pro se 22 23 24 DATED: October 12, 2017 GARY TRAN Pro se 25 26 27 28 DATED: October 12, 2017 THU HUYNH and NGOC T.B. TRAN -3STIPULATION AND ORDER REGARDING LITIGATION STAY Case No. 4:15-cv-1648-HSG 1 2 DATED: October 12, 2017 3 UKTAE HAN and MIJA HAN Pro Se 4 5 Good cause appearing, IT IS SO ORDERED. 6 7 8 Dated: October 16, 2017 _________________________________________ United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND ORDER REGARDING LITIGATION STAY Case No. 4:15-cv-1648-HSG

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