Robert E. Renzel Trust et al v. Ventura et al

Northern District of California, cand-4:2015-cv-01648

ORDER GRANTING {{286}} Notice of Voluntary Dismissal. Signed by Judge Haywood S. Gilliam, Jr. on 12/11/2018.

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1 Bret A. Stone SBN 190161 BStone@PaladinLaw.com Jon G. Lycett SBN 209425 JLycett@PaladinLaw.com 2 Kirk M. Tracy SBN 288508 KTracy@PaladinLaw.com 3 PALADIN LAW GROUP® LLP 1176 Boulevard Way 4 Walnut Creek, CA 94595 Telephone: (925) 947-5700 5 Facsimile: (925) 935-8488 6 Counsel for Estate of Robert Renzel, Deceased, by and through his 7 successors in interest, Susan Carter and Ann Renzel Sebastian; Robert E. Renzel Trust, by and through its trustees, Susan Carter 8 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 OAKLAND DIVISION 12 13 ESTATE OF ROBERT RENZEL, Case No. 4:15-cv-1648-HSG DECEASED et al., 14 NOTICE AND REQUEST FOR DISMISSAL Plaintiffs, PURSUANT TO FED. R. CIV. PROC. 41(a)(2) 15 OF HYANG BAE WHANG, SEON GEUN v. WHANG, KYU CHUK WHANG, UKTAE 16 HAN, MIJA HAN, THU HUYNH, NGOC T.B. ESTATE OF LUPE VENTURA, TRAN, AND GARY TRAN AND 17 DECEASED, et al., [PROPOSED] ORDER 18 Defendants. 19 20 AND RELATED COUNTERCLAIMS AND CROSSCLAIM. 21 22 23 NOTICE IS HEREBY GIVEN that pursuant to Fed. R. Civ. P. 41(a)(2), and pursuant to 24 discussions with the Court at the November 29, 2018 Order to Show Cause hearing, Plaintiffs and 25 Counter-Defendants Estate of Robert Renzel, Deceased, by and through his successors in interest, 26 Susan Carter and Ann Renzel Sebastian; Robert E. Renzel Trust, by and through its trustees, Susan 27 Carter and Ann Renzel Sebastian; Susan Carter; Ann Renzel Sebastian; and Bascom Avenue 28 Development LLC, a California limited liability company (collectively, "Renzel"), Defendants, NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS 1 Counter-Claimants, and Cross-Claimants Carmen Torres and Alfredo Torres (collectively, 2 "Torres"), Hyang Bae Whang, Seon Geun Whang, and Kyu Chuk Whang (collectively, "Whang"), 3 and Uktae Han and Mija Han (collectively, "Han"), hereby request an order that dismisses all claims 4 by and against the pro se defendants in this action. The pro se defendants include Whang, Han, Thu 5 Huynh and Ngoc T.B. Tran (collectively, "Huynh"), and Gary Tran. 6 On November 14, 2018, Renzel and Torres reached a conditional agreement to terms 7 resolving all claims against each other and agreeing to dismiss all their respective claims, 8 counterclaims, and cross-claims against all pro se defendants in this matter. ECF No. 281 (Notice 9 of Settlement). The operative pleadings that contain claims by or against pro se defendants in this 10 matter are as follows: 11 • Renzel's Second Amended Complaint, with claims against Whang, Han, Huynh, and 12 Gary Tran. ECF No. 67. 13 • Torres's First Amended Counterclaims, and First Amended Cross-Claims, with claims 14 against Whang, Han, Huynh, and Gary Tran. ECF No. 44. 15 • Whang's Counterclaims and Cross-Claims. ECF No. 71. 16 • Huynh's Counterclaims and Cross-Claims. ECF No. 80. 17 On November 19, 2018, the Court issued an Order to Show Cause why it should not dismiss 18 Whang's and Huynh's counterclaims and cross-claims without prejudice, with a hearing on the 19 order set for November 29, 2018. ECF No. 283. None of the pro se defendants appeared at the 20 hearing. In communications attempting to reach an agreement to this request for dismissal, Han and 21 Whang are the only pro se defendants to have responded. 22 Accordingly, Renzel, Torres, Whang, and Han agree to and request an order: 23 1. Dismissing each of Renzel's claims against Whang, Han, Huynh, and Gary Tran from 24 its Second Amended Complaint (ECF No. 67), without prejudice; 25 2. Dismissing each of Torres's cross-claims against Whang, Han, Huynh, and Gary Tran 26 from its First Amended Cross-Claims (ECF No. 44), without prejudice; 27 3. Dismissing Whang's entire countercomplaint and cross-complaint (ECF No. 71), 28 without prejudice; and -2- Case No. 4:15-cv-1648-HSG NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS 1 4. Dismissing Huynh's entire countercomplaint and cross-complaint (ECF No. 80)~ with 2 prejudice. 3 Respectfully submitted, 4 DATED: November 30,2018. PALADIN LAW GROUP® LLP 5 lsI Bret A. Stone 6 Counsel for Renzel 7 DATED: November 30,2018 LEWIS BRISBOIS BISGAARD & SMITH LLP 8 lsI Glenn A. Friedman 9 Counsel for Counter Defendants Ann Renzel 10 Sebastian, Susan Carter and the Estate of Robert 11 Renzel DATED: November 30,2018 CAUFIELD & JAMES LLP 12 13 lsI Jeffery L. Caufield 14 Counsel for Alfredo and Carmen Torres 15 16 17 DATED: November 30,2018 ./~ ~ /Seon Geun Whang ProSe 18 19 DATED: November 30,2018 ····20 21 22 23 DATED: November 30,2018 24 25 III 26 III 27 III -3- Case No. 4: I5-cv-1 64S-HSG NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS I DATED: November 30, 2018 I UKTAE HAN J Pro Se DATED: November 30, 2018 4 6 7 IPROPOSEDI ORDER 8 Good cause appearing, the Court orders as follows: 9 1 Each of Renzel's claims against Whang, Hmr, Huynh, and Gary Tran from its Second l0 Amended Complaint (ECF No. 67) are hereby dismissed without prejudice; 11 2. Each of Torres's ooss-claims against Whang, Han, Huynh, and Gary Tran from its First t2 Amended Cross-Claims (ECF No. 44) are hereby dismissed w[thout prejudice; 13 3. Whang's countercomplaint and cross-complaint (ECF No. 7l) is hereby dismissed without l4 prejudice;. and 15 4. Huynh's countercomplaint and cross-complaint (ECF No. 80) is hereby dismissed wrr& 16 prejudice. ', t7 l8 Dated: 12/11/2018 2018 United States District Judge l9 20 2T)) 23 24 25 26)1 {0',. NOTICE AND REQUEST FOR DISMISSAL OF PRO SE DEFENDANTS Case No. 4:1 S+v-l 648-HSG