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

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

ORDER GRANTING {{324}} Request for Dismissal Pursuant to Fed. R. Civ. Proc. 41(a) (2). ***Civil Case Terminated.***Signed by Judge Haywood S. Gilliam, Jr. on 8/23/2019.

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1 Bret A. Stone SBN 190161 BStone@PaladinLaw.com Kirk M. Tracy SBN 288508 KTracy@PaladinLaw.com 2 PALADIN LAW GROUP® LLP 3 1176 Boulevard Way Walnut Creek, CA 94595 4 Telephone: (925) 947-5700 Facsimile: (925) 935-8488 5 Counsel for Estate of Robert Renzel, Deceased, by and through his 6 successors in interest, Susan Carter and Ann Renzel Sebastian; 7 Robert E. Renzel Trust, by and through its trustees, Susan Carter and Ann Renzel Sebastian; Susan Carter; Ann Renzel Sebastian; 8 and Bascom Avenue Development LLC 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 ESTATE OF ROBERT RENZEL, Case No. 4:15-cv-1648-HSG 13 DECEASED et al., NOTICE AND REQUEST FOR DISMISSAL 14 Plaintiffs, PURSUANT TO FED. R. CIV. PROC. 41(a)(2) OF RENZEL AND TORRES AND 15 v. ORDER 16 ESTATE OF LUPE VENTURA, DECEASED, et al., 17 Defendants. 18 19 AND RELATED COUNTERCLAIMS AND 20 CROSSCLAIM. 21 22 23 NOTICE IS HEREBY GIVEN that pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiffs and 24 Counter-Defendants Estate of Robert Renzel, Deceased, by and through his successors in interest, 25 Susan Carter and Ann Renzel Sebastian; Robert E. Renzel Trust, by and through its trustees, Susan 26 Carter and Ann Renzel Sebastian; Susan Carter; Ann Renzel Sebastian; and Bascom Avenue 27 Development LLC, a California limited liability company (collectively, "Renzel"), and Defendants, 28 Counter-Claimants, and Cross-Claimants Carmen Torres and Alfredo Torres (collectively, RENZEL AND TORRES NOTICE AND REQUEST FOR DISMISSAL 1 "Torres") hereby request an order that dismisses all claims between Renzel and Torres in this 2 action. 3 On July 17, 2019, the Court granted Renzel and Torres' joint application for determination 4 of good faith settlement and establishment of the Bascom Remediation Trust. ECF No. 321. All 5 required settlement payments have been received by Renzel. Pursuant to the terms of the underlying 6 settlement agreement, Renzel and Torres submit this request for dismissal. Renzel and Torres are 7 separately submitting notices of voluntary dismissal or requests for dismissal of all other remaining 8 parties. 9 Accordingly, Renzel and Torres agree to and request an order: 10 1. Dismissing each of Renzel's claims against Torres from its Second Amended 11 Complaint (ECF No. 67), with prejudice; 12 2. Dismissing each of Torres's counterclaims against Renzel from its First Amended 13 Counterclaims (ECF No. 44), with prejudice; 14 3. Providing that Renzel and Torres shall bear their own attorneys' fees and costs. 15 Respectfully submitted, 16 DATED: August 23, 2019 PALADIN LAW GROUP® LLP 17 /s/ Bret A. Stone 18 Counsel for Renzel 19 DATED: August 23, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP 20 /s/ Glenn A. Friedman 21 Counsel for Counter Defendants Ann Renzel 22 Sebastian, Susan Carter and the Estate of Robert 23 Renzel 24 DATED: August 23, 2019 CAUFIELD & JAMES LLP 25 /s/ Jeffery L. Caufield 26 Counsel for Alfredo and Carmen Torres 27 28 -2- Case No. 4:15-cv-1648-HSG RENZEL AND TORRES NOTICE AND REQUEST FOR DISMISSAL 1 ORDER 2 Good cause appearing, the Court orders as follows: 3 1. Each of Renzel's claims against Torres from its Second Amended Complaint (ECF No. 67) 4 are hereby dismissed with prejudice; 5 2. Each of Torres's counterclaims against Renzel from its First Amended Counterclaims (ECF 6 No. 44) are hereby dismissed with prejudice; 7 3. Renzel and Torres shall bear their own attorneys' fees and costs. 8 9 Dated: 8/23/2019 United Unit ted States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Case No. 4:15-cv-1648-HSG RENZEL AND TORRES NOTICE AND REQUEST FOR DISMISSAL