Dorsaneo v. Dorsaneo

Filing 86

ORDER DENYING MOTION TO DISMISS 69 , DENYING SANCTIONS, AND SETTING SUMMARY JUDGMENT SCHEDULE 73 . Signed by Judge Vince Chhabria on 12/22/2017. (vclc1S, COURT STAFF) (Filed on 12/22/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

TETYANA DORSANEO,

Case No. 17-cv-00765-VC

Plaintiff,
v.
EDWARD MATTHEW DORSANEO,
Defendant.

ORDER DENYING MOTION TO
DISMISS, DENYING SANCTIONS, AND
SETTING SUMMARY JUDGMENT
SCHEDULE
Re: Dkt. Nos. 69, 73, 78, 79

1. Edward Dorsaneo's motion to dismiss (Dkt. No. 69) is denied. The United States is
not a necessary party to this action simply because of the chance that Tetyana could apply for
public benefits for the same time period for which she is seeking damages from Edward. There
is no evidence that the United States government has sought reimbursement from Edward on this
basis or that Edward faces any actual risk of incurring multiple obligations to the United States
government and Tetyana on these grounds. See Fed. R. Civ. P. 19(a); see also White v. Univ. of
Cal., 765 F.3d 1010, 1026 (9th Cir. 2014). It also bears noting that Edward failed to file his
motion before the deadline for dispositive motions. The Court could sanction Edward and his
counsel for failing to meet this deadline, particularly since Edward's counsel has already been
warned that he must do a better job of following the rules. However, because it is three days
before Christmas, the Court will simply give one more warning: Edward and his counsel will be
sanctioned if they do not follow the rules, including this Court's standing orders, going forward.
2. Tetyana's motion for summary judgment will be heard on February 1, 2018. Tetyana's
brief in support of her motion for summary judgment is due on January 4, 2018. Edward's
response is due January 18, 2018. Tetyana's reply is due January 25, 2018.

3. Edward's request for sanctions (Dkt. No. 78) is denied, although counsel for Tatyana
is also warned that any future failure to comply with rules or deadlines in this case will likely
result in sanctions. Edward's request for judicial notice (Dkt. No. 79) is denied without prejudice
to being renewed along with his opposition to Tetyana's summary judgment motion.
4. The pretrial conference and trial dates are vacated. The Court will set new dates for
the pretrial conference and trial, if necessary, after the summary judgment motion is heard.
IT IS SO ORDERED.
Dated: December 22, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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