Dorsaneo v. Dorsaneo

Filing 109

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 3/22/2018 10:00 AM. Show Cause Response due by 3/1/2018. Signed by Judge Vince Chhabria on 2/24/2018. (vclc1S, COURT STAFF) (Filed on 2/24/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

TETYANA DORSANEO,

Case No. 17-cv-00765-VC

Plaintiff,
ORDER TO SHOW CAUSE

v.

Re: Dkt. Nos. 96, 98
EDWARD MATTHEW DORSANEO,
Defendant.

The defendant, Edward Dorsaneo, and his counsel, Jeffrey Neustadt, are ordered to show
cause why they should not be sanctioned for threatening criminal prosecution in the course of
civil proceedings. California Rule of Professional Conduct 5-100 prohibits members of the
California bar from threatening to present criminal charges to obtain an advantage in a civil
dispute. In apparent violation of this rule, Edward's opposition to Tetyana's motion for summary
judgment claims that Tetyana violated federal immigration and criminal law and argues that she
"should be referred by the Court to law enforcement for investigation." Opp. (Dkt. No. 96) at 24.
In addition, Edward submitted a declaration through his counsel in which he alleges that Tetyana
engaged in criminal conduct and states that he will provide the results of his private investigation
to law enforcement. Edward Dorsaneo Decl. (Dkt. No. 98) ¶ 15. Both the lawyer's argument in
the brief and Edward's statements in his declaration appear to be threats to refer Tetyana to law
enforcement. This conduct may also have constituted criminal extortion under California Penal
Code sections 518, 519, and 523. See Flatley v. Mauro, 39 Cal. 4th 299, 329-33 (2006);
Mendoza v. Hamzeh, 155 Cal. Rptr. 3d 832, 835-37 (Cal. Ct. App. 2013).
Therefore, Edward Dorsaneo and Neustadt are ordered to show cause why they should

not be sanctioned pursuant to Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, and/or the
Court's inherent authority. In addition, Neustadt is ordered to show cause why he should not be:
(i) referred to the Court's Standing Committee on Professional Conduct under Civil Local Rule
11-6; and/or (ii) referred to the State Bar of California for this behavior.
Edward Dorsaneo and Neustadt are ordered to file written responses to this order by
March 1, 2018. If the plaintiff wishes to file a response, she may do so by March 8, 2018. Any
reply must be filed by March 15, 2018. A hearing on the order to show cause will take place on
March 22, 2018 at 10:00 am. Both Edward Dorsaneo and Neustadt must appear in person.
IT IS SO ORDERED.
Dated: February 24, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

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