Luisa Gonzales, et al v. Texaco, Inc. et al

Filing 365

ORDER THAT ACTIONS ARE NOT DEEMED RELATED by Judge William Alsup [denying 359 Motion to Relate Case]. (whasec, COURT STAFF) (Filed on 11/30/2009)

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1 2 3 4 5 6 7 8 9 10 LUISA GONZALEZ, et al., Plaintiffs, v. TEXACO, INC., TEXACO PETROLEUM COMPANY, INC., CHEVRON CORPORATION, Defendants. CHEVRON CORPORATION, Plaintiff, v. CRISTOBAL BONIFAZ and THE LAW OFFICES OF CRISTOBAL BONIFAZ, Defendants. / / No. C 06-02820 WHA No. C 09-5371 EMC IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER THAT ACTIONS ARE NOT DEEMED RELATED Whether these cases are related is the issue. Attorney Bonifaz has paid his Rule 11 sanction in the Gonzales case. As to him, Gonzales is over. Chevron's new action, while invoking the same underlying misconduct, alleges a much broader scheme by Attorney Bonifaz, a universe not previously part of the Gonzales misconduct by Attorney Bonifaz. Chevron seeks to go so far as to sue for Attorney Bonifaz's succeeding in obtaining legislation in Ecuador to "circumvent" a prior settlement and asking the government in that country to seek "sham 1 2 3 4 5 6 7 8 9 10 indictments" against signatories to the prior settlement, circumstances never having been part of Gonzales. The overlap is small. There will be no substantial saving of judicial resources in relating these cases. The tail would have to wag the dog to deem these cases related. It does not matter that as to two other attorneys in the first case there is some unfinished business, for that work will all relate solely to the original misconduct, not the broader scheme alleged in the new case. Therefore, this order holds that the two actions should not be deemed related. IT IS SO ORDERED. Dated: November 30, 2009. United States District Court 11 For the Northern District of California WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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