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

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

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 11/29/2018 02:00 PM.Signed by Judge Haywood S. Gilliam, Jr. on 11/19/2018.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT E. RENZEL TRUST, et al., Case No. 15-cv-01648-HSG 8 Plaintiffs, ORDER TO SHOW CAUSE 9 v. 10 ALFREDO TORRES, et al., 11 Defendants. 12 Northern District of California United States District Court 13 On November 14, 2018, counsel for Plaintiffs and Counter-Defendants Estate of Robert 14 Renzel, Deceased, by and through his successors in interest, Susan Carter and Ann Renzel 15 Sebastian; Robert E. Renzel Trust, by and through its trustees, Susan Carter and Ann Renzel 16 Sebastian; Susan Carter; Ann Renzel Sebastian; and Bascom Avenue Development LLC, a 17 California limited liability company (collectively, "Renzel"), and Defendants, Counter-Claimants, 18 and Cross-Claimants Carmen Torres and Alfredo Torres ("Torres") (collectively, the "Settling 19 Parties"), filed a joint notice, apprising the Court that the Settling Parties "reached an agreement 20 that will result in the dismissal of all claims between the Settling Parties." See Dkt. No. 281, at 1– 21 2. The settlement does not include pro se parties, namely Hyang Bae Whang, Seon Geun Whang, 22 and Kyu Chuk Whang (collectively, "Whang"), Uktae Han and Mija Han (collectively, "Han"), 23 Thu Huynh and Ngoc T.B. Tran (collectively, "Huynh"), and Gary Tran. Id. 24 According to the joint notice, the agreement "will result in the dismissal of all claims with 25 the exception of those filed by [pro se parties] Whang and Huynh, who also have pending 26 counterclaims and cross-claims." Id. The joint notice adds, however, that the pro se parties "have 27 not participated in any pretrial exchanges or communications." Id. Most importantly, pro se 28 parties Whang and Huynh have not complied with the mandatory pretrial exchanges as required by 1 the Federal Rules of Civil Procedure and this Court's standing orders. 2 As the Supreme Court has explained, "[t]he authority of a court to dismiss sua sponte for 3 lack of prosecution has generally been considered an 'inherent power,' governed not by rule or 4 statute but by the control necessarily vested in courts to manage their own affairs[.]" See Link v. 5 Wabash R. Co., 370 U.S. 626, 630-31 (1962). The Court assumes that under the circumstances the 6 pro se parties do not wish to proceed given the settlement, but needs to confirm as much. 7 Accordingly, Defendants Hyang Bae Whang, Seon Geun Whang, Kyu Chuk Whang, Thu 8 Huynh, and Ngoc T.B. Tran are ordered TO SHOW CAUSE as to why their counterclaims and 9 cross-claims, see Dkt. No. 71, 80, should not be dismissed for failure to prosecute. In the 10 alternative, these parties can confirm that they wish to dismiss the counterclaims and cross-claims. 11 The Court SETS a hearing on the Order to Show Cause for November 29, 2018 at 2:00 p.m. 12 These Defendants, appearing either through new counsel or pro se, must appear at the hearing. In Northern District of California United States District Court 13 the alternative, before November 29, 2018, each party may file a request for voluntary dismissal of 14 the counterclaims and cross-claims, in which case the hearing will be vacated. 15 IT IS SO ORDERED. 16 Dated: 11/19/2018 17 ______________________________________ HAYWOOD S. GILLIAM, JR. 18 United States District Judge 19 20 21 22 23 24 25 26 27 28 2