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

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

ORDER re {{94}} CASE MANAGEMENT. A joint case management statement is due 6/7/2016. A further case management conference is set for 6/17/2016 at 10:30 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 4/20/2016.

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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. 5:15-cv-1648-RMW 12 DECEASED et al., [PROPOSED] CASE MANAGEMENT 13 Plaintiffs, ORDER 14 v. Case Management Conference: Hon. Ronald M. Whyte 15 ESTATE OF LUPE VENTURA, Courtroom 6, 4th Floor DECEASED, et al., April 15, 2016 16 10:30 a.m. Defendants. 17 Action filed: April 10, 2015 18 Discovery cut-off: none set AND RELATED CROSS-ACTIONS. Trial date: none set 19 20 21 On April 15, 2016, a Case Management Conference was held in the above-referenced 22 Court. Appearances were made by Attorneys Kirk M. Tracy (Renzel), Robert Farrell (Renzel), 23 Stephan Choo (Whangs), Joshua Borger (Thu Huynh and Ngoc Tran), and Santino Tropea 24 (Torres) who participated telephonically via courtcall. 25 The Court HEREBY ORDERS as follows: 26 A further Case Management Conference shall take place on June 17, 2016 at 10:30 a.m. in 27 Courtroom 6, 4th Floor, San Jose before the Hon. Ronald M. Whyte. Before June 17, 2016, 28 Renzel will file a motion or motions for summary judgment on the issue of express indemnity, [PROPOSED] CASE MANAGEMENT ORDER 1 duty to defend, and hold harmless, pursuant to the leases between the dry cleaner operators and 2 Renzel. Renzel will calendar the motion or motions for hearing in accordance with the Court's 3 local rules. At the June 17 case management conference, opposing parties will discuss with the 4 Court whether they need additional time to prepare their oppositions, potentially including time 5 for additional discovery such as taking depositions, and the Court will consider modifying the 6 briefing and hearing schedule accordingly. 7 If a cost-sharing agreement for environmental investigation is reached promptly with 8 those dry cleaning operators that have an insurance defense (currently Whangs and Torres), 9 Renzel will postpone the filing of their motion or motions. 10 The Court expects the parties to meet and confer prior to the June 17 case management 11 conference to discuss the next steps to managing this case, including considering nominations for 12 the appointment of a special master to oversee the development of a discovery plan and any 13 further negotiations regarding a cost-sharing agreement for environmental investigation at the 14 subject property. 15 Pursuant to Civ. L.R. 16-10(d), a Joint Case Management Conference Statement shall be 16 filed no later than June 7, 2016. 17 Counsel for Renzel is ordered to provide notice. 18 IT IS SO ORDERED: 19 20 4/20 DATED: ____________, 2016 ___________________________________ 21 United States District Judge 22 23 24 25 26 27 28 -2- Case No. 5:15-cv-1648-RMW [PROPOSED] CASE MANAGEMENT ORDER