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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAWRENCE SHAPIRO,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 16-cv-06444-MEJ
ORDER DENYING MOTION FOR
SANCTIONS
Re: Dkt. No. 37

ERIC LUNDAHL, et al.,
Defendants.

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Pending before the Court is Defendant Eric Lundahl’s Motion for Sanctions. See Mot.,

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Dkt. No. 37. Plaintiff Lawrence Shapiro filed an Opposition (Dkt. No. 40), and Defendant filed a

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Reply (Dkt. No. 41). Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-

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1(b), the Court finds this matter suitable for disposition without oral argument and hereby

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VACATES the August 17, 2017 hearing.

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Lundahl argues Plaintiff Lawrence Shapiro violated Rule 11 and this Court’s Order that

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any amendment of the First Amended Complaint be made in good faith and consistent with

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counsel’s obligation under Rule 11. See Mot. As the Court’s Order Dismissing the Second

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Amended Complaint (“SAC”) makes plain, admiralty jurisdiction can be a complicated question.

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Order, Dkt. No. 38. Indeed, courts have found admiralty jurisdiction existed in situations that bore

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some resemblance to the facts alleged in the SAC, i.e., where a plane crashed on land after

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encountering trouble over navigable waters. See Order at 6-7. While the Court ultimately found

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that the SAC did not plead facts sufficient to show admiralty jurisdiction existed, the Court cannot

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find that Plaintiff’s amendment was not made in good faith and consistent with counsel’s

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obligation under Rule 11.

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Accordingly, the Court DENIES the Motion for Sanctions.

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IT IS SO ORDERED.

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Dated: August 9, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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