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

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

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{190}} Stipulation REGARDING CASE SCHEDULE. Designation of Experts due by 10/16/2017; Designation of Rebuttal Experts due by 11/6/2017; Close of Expert Discovery due by 12/4/2017; Motion Hearing set for 1/18/2018 02:00 PM before Hon. Haywood S. Gilliam Jr.

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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 ESTATE OF ROBERT RENZEL, Case No. 4:15-cv-1648-HSG 12 DECEASED, et al., STIPULATION AND ORDER REGARDING 13 Plaintiffs, CASE SCHEDULE 14 v. 15 ESTATE OF LUPE VENTURA, DECEASED, et al., 16 Defendants. 17 Action filed: April 10, 2015 18 Discovery cut-off: September 8, 2017 AND RELATED CROSS-ACTIONS. Trial date: April 23, 2018 19 20 WHEREAS, pursuant to the discussion with the Court at the September 14, 2017 Case 21 Management Conference, the parties have met and conferred regarding a proposed modification 22 of the case schedule to further mediation efforts; 23 WHEREAS, a pilot test has been proposed for additional environmental investigation to 24 support the development of a final remedial action plan and cost estimate; 25 WHEREAS, the environmental consultants for Renzel have approved the technical scope 26 of the pilot test at a fixed cost of $237,148.50; 27 WHEREAS, Renzel and Torres have worked diligently and in good faith with each other 28 to negotiate an agreement to share the costs of the pilot test, but have not been able to come to an STIPULATION AND ORDER REGARDING CASE SCHEDULE 1 agreement; 2 WHEREAS, Torres filed a motion for summary judgment against Renzel, ECF No. 187, 3 currently set for hearing on November 16, 2017; 4 WHEREAS, Renzel's opposition to Torres's motion for summary judgment is currently 5 due September 26, 2017 and Torres's reply brief is due October 3, 2017; 6 WHEREAS, the Court set the current deadlines in this matter in its May 15, 2017 Order 7 Amending Case Schedule and Vacating Case Management Conference, ECF No. 167; and 8 WHEREAS, the parties agree to continue expert discovery deadlines by approximately 30 9 days, to facilitate mediation of a cost sharing agreement for the pilot study; 10 THEREFORE, all parties1 herby stipulate with each other as follows, and request that the 11 Court so order the terms of this stipulation: 12 1. No later than October 13, 2017, Renzel and Torres will conduct a mediation 13 session to reach an agreement on cost sharing for the pilot study mentioned above, and thereby 14 will provide approval for commencement of the investigation. An insurance company 15 representative with authority to settle shall attend the mediation session in person for each of 16 Renzel's and Torres's respective insurers. If Renzel and Torres reach a cost sharing agreement 17 prior to October 13, 2017, a mediation session shall not be necessary; 18 2. No later than October 13, 2017, the parties shall report back to the Court on the 19 result of the mediation; 20 3. If a stipulation to stay the litigation, including the length of time proposed for such 21 a stay, is not filed by October 13, 2017, the parties shall appear at a further Case Management 22 Conference on October 17, 2017 at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street, 23 Oakland, before the Hon. Haywood S. Gilliam Jr.; 24 4. The briefing schedule for Torres's motion for summary judgment against Renzel, 25 ECF No. 187, shall be modified as follows: Renzel's opposition is due no later than October 27, 26 2017; Torres's reply shall be due no later than November 6, 2017; the hearing shall remain as 27 1 28 A copy of this stipulation was provided to all pro se parties via email on September 14, 2017, requesting their review and agreement by signature. No objections were received. -2- Case No. 4:15-cv-1648-HSG STIPULATION AND ORDER REGARDING CASE SCHEDULE 1 scheduled for November 16, 2017; and 2 5. The following deadlines shall be set for this matter: 3 a. Affirmative expert designation: October 16, 2017 4 b. Rebuttal expert designation: November 6, 2017 5 c. Expert discovery cutoff: December 4, 2017 6 d. Deadline for hearing of dispositive motions: January 18, 2017, at 2:00p.m. 7 e. Pretrial conference: April 10, 2018, at 3:00 p.m. 8 f. Trial date: April 23, 2018, at 8:30 a.m. 9 IT IS SO STIPULATED 10 DATED: September 15, 2017 PALADIN LAW GROUP® LLP 11 /s/ Bret A. Stone 12 Counsel for Renzel 13 DATED: September 15, 2017 LEWIS BRISBOIS BISGAARD & SMITH LLP 14 /s/ Glenn A. Friedman 15 Counsel for Counter Defendants Ann Renzel 16 Sebastian, Susan Carter and the Estate of Robert 17 Renzel 18 DATED: September 15, 2017 CAUFIELD & JAMES LLP 19 /s/ Jeffery L. Caufield 20 Counsel for Alfredo and Carmen Torres 21 22 DATED: September 15, 2017 23 HYANG BAE WHANG, SEON GEUN WHANG, KYU CHUK WHANG 24 Pro se 25 26 DATED: September 15, 2017 27 GARY TRAN Pro se 28 -3- Case No. 4:15-cv-1648-HSG STIPULATION AND ORDER REGARDING CASE SCHEDULE 1 2 DATED: September 15, 2017 THU HUYNH and NGOC T.B. TRAN 3 4 DATED: September 15, 2017 5 UKTAE HAN and MIJA HAN 6 Pro Se 7 8 Good cause appearing, IT IS SO ORDERED except that the deadline for hearing of dispositive motions is January 18, 2018, at 2:00p.m. 9 10 Dated: September 15, 2017 _________________________________________ United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- Case No. 4:15-cv-1648-HSG STIPULATION AND ORDER REGARDING CASE SCHEDULE