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

Filing 290

ORDER GRANTING 286 Notice of Voluntary Dismissal. Signed by Judge Haywood S. Gilliam, Jr. on 12/11/2018. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 12/11/2018)

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Bret A. Stone
SBN 190161 [e-mail]
Jon G. Lycett
SBN 209425 [e-mail]
Kirk M. Tracy
SBN 288508 [e-mail]
PALADIN LAW GROUP® LLP
1176 Boulevard Way
Walnut Creek, CA 94595
Telephone:
[phone]
Facsimile:
[phone]
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

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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ESTATE OF ROBERT RENZEL,
DECEASED et al.,

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Plaintiffs,
v.
ESTATE OF LUPE VENTURA,
DECEASED, et al.,

Case No. 4:15-cv-1648-HSG
NOTICE AND REQUEST FOR DISMISSAL
PURSUANT TO FED. R. CIV. PROC. 41(a)(2)
OF HYANG BAE WHANG, SEON GEUN
WHANG, KYU CHUK WHANG, UKTAE
HAN, MIJA HAN, THU HUYNH, NGOC T.B.
TRAN, AND GARY TRAN AND
[PROPOSED] ORDER

Defendants.

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AND RELATED COUNTERCLAIMS AND
CROSSCLAIM.

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NOTICE IS HEREBY GIVEN that pursuant to Fed. R. Civ. P. 41(a)(2), and pursuant to

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discussions with the Court at the November 29, 2018 Order to Show Cause hearing, Plaintiffs and

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Counter-Defendants Estate of Robert Renzel, Deceased, by and through his successors in interest,

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Susan Carter and Ann Renzel Sebastian; Robert E. Renzel Trust, by and through its trustees, Susan

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Carter and Ann Renzel Sebastian; Susan Carter; Ann Renzel Sebastian; and Bascom Avenue

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Development LLC, a California limited liability company (collectively, “Renzel”), Defendants,
NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS

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Counter-Claimants, and Cross-Claimants Carmen Torres and Alfredo Torres (collectively,

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“Torres”), Hyang Bae Whang, Seon Geun Whang, and Kyu Chuk Whang (collectively, “Whang”),

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and Uktae Han and Mija Han (collectively, “Han”), hereby request an order that dismisses all claims

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by and against the pro se defendants in this action. The pro se defendants include Whang, Han, Thu

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Huynh and Ngoc T.B. Tran (collectively, “Huynh”), and Gary Tran.

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On November 14, 2018, Renzel and Torres reached a conditional agreement to terms

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resolving all claims against each other and agreeing to dismiss all their respective claims,

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counterclaims, and cross-claims against all pro se defendants in this matter. ECF No. 281 (Notice

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of Settlement). The operative pleadings that contain claims by or against pro se defendants in this

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matter are as follows:
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Renzel’s Second Amended Complaint, with claims against Whang, Han, Huynh, and
Gary Tran. ECF No. 67.

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Torres’s First Amended Counterclaims, and First Amended Cross-Claims, with claims
against Whang, Han, Huynh, and Gary Tran. ECF No. 44.

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Whang’s Counterclaims and Cross-Claims. ECF No. 71.

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Huynh’s Counterclaims and Cross-Claims. ECF No. 80.

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On November 19, 2018, the Court issued an Order to Show Cause why it should not dismiss

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Whang’s and Huynh’s counterclaims and cross-claims without prejudice, with a hearing on the

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order set for November 29, 2018. ECF No. 283. None of the pro se defendants appeared at the

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hearing. In communications attempting to reach an agreement to this request for dismissal, Han and

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Whang are the only pro se defendants to have responded.

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Accordingly, Renzel, Torres, Whang, and Han agree to and request an order:
1. Dismissing each of Renzel’s claims against Whang, Han, Huynh, and Gary Tran from
its Second Amended Complaint (ECF No. 67), without prejudice;
2. Dismissing each of Torres’s cross-claims against Whang, Han, Huynh, and Gary Tran
from its First Amended Cross-Claims (ECF No. 44), without prejudice;
3. Dismissing Whang’s entire countercomplaint and cross-complaint (ECF No. 71),
without prejudice; and
-2Case No. 4:15-cv-1648-HSG
NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS

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4. Dismissing Huynh's entire countercomplaint and cross-complaint (ECF No.

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Respectfully submitted,

DATED: November 30,2018.

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PALADIN LAW GROUP® LLP

lsI Bret A. Stone

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with

prejudice.

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80)~

Counsel for Renzel

DATED: November 30,2018

LEWIS BRISBOIS BISGAARD & SMITH LLP

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lsI Glenn A. Friedman
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Counsel for Counter Defendants Ann Renzel
Sebastian, Susan Carter and the Estate of Robert
Renzel

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DATED: November 30,2018

CAUFIELD & JAMES LLP

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lsI Jeffery L. Caufield

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Counsel for Alfredo and Carmen Torres

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DATED: November 30,2018

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/Seon Geun Whang

ProSe

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~

./~

DATED: November 30,2018

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DATED: November 30,2018

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III

III

III

Case No. 4: I5-cv-1 64S-HSG
-3NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS

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DATED: November 30, 2018

I

UKTAE HAN
Pro Se

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DATED: November 30, 2018

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IPROPOSEDI ORDER

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Good cause appearing, the Court orders as follows:

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Amended Complaint (ECF No. 67) are hereby dismissed without prejudice;

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Each of Torres's ooss-claims against Whang, Han, Huynh, and Gary Tran from its First
Amended Cross-Claims (ECF No. 44) are hereby dismissed w[thout prejudice;

3.

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Each of Renzel's claims against Whang, Hmr, Huynh, and Gary Tran from its Second

Whang's countercomplaint and cross-complaint (ECF No.

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is hereby dismissed without

prejudice;. and

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Huynh's countercomplaint and cross-complaint (ECF No. 80) is hereby dismissed wrr&

prejudice.

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Dated:

12/11/2018

2018

United States District Judge

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Case No. 4:1 S+v-l 648-HSG

NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS