Shapiro v. Lundhal et al

Filing 43

ORDER denying 37 MOTION for Sanctions filed by Eric Lundahl. Signed by Judge Maria-Elena James on 8/9/2017. (mejlc3, COURT STAFF) (Filed on 8/9/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LAWRENCE SHAPIRO, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 16-cv-06444-MEJ ORDER DENYING MOTION FOR SANCTIONS Re: Dkt. No. 37 ERIC LUNDAHL, et al., Defendants. 12 13 Pending before the Court is Defendant Eric Lundahl’s Motion for Sanctions. See Mot., 14 Dkt. No. 37. Plaintiff Lawrence Shapiro filed an Opposition (Dkt. No. 40), and Defendant filed a 15 Reply (Dkt. No. 41). Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7- 16 1(b), the Court finds this matter suitable for disposition without oral argument and hereby 17 VACATES the August 17, 2017 hearing. 18 Lundahl argues Plaintiff Lawrence Shapiro violated Rule 11 and this Court’s Order that 19 any amendment of the First Amended Complaint be made in good faith and consistent with 20 counsel’s obligation under Rule 11. See Mot. As the Court’s Order Dismissing the Second 21 Amended Complaint (“SAC”) makes plain, admiralty jurisdiction can be a complicated question. 22 Order, Dkt. No. 38. Indeed, courts have found admiralty jurisdiction existed in situations that bore 23 some resemblance to the facts alleged in the SAC, i.e., where a plane crashed on land after 24 encountering trouble over navigable waters. See Order at 6-7. While the Court ultimately found 25 that the SAC did not plead facts sufficient to show admiralty jurisdiction existed, the Court cannot 26 find that Plaintiff’s amendment was not made in good faith and consistent with counsel’s 27 obligation under Rule 11. 28 1 Accordingly, the Court DENIES the Motion for Sanctions. 2 IT IS SO ORDERED. 3 4 5 6 Dated: August 9, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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