Missud v. State of Nevada et al

Filing 52

ORDER severing case. Signed by Magistrate Judge Donna M. Ryu on 1/5/2012. (dmrlc2, COURT STAFF) (Filed on 1/5/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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PATRICK A MISSUD,

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Plaintiff(s),
v.

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ORDER SEVERING SECURITIES AND
EXCHANGE COMMISSION, MARY
SHAPIRO, AND UNITED STATES

NEVADA STATE OF,

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No. C-11-03567 (DMR)

Defendant(s).
___________________________________/

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Rule 20 of the Federal Rules of Civil Procedure, in relevant part, permits a plaintiff to join

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multiple defendants into one action if “(A) any right to relief is asserted against them . . . arising out

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of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of

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law or fact common to all defendants will arise in the action.” Fed. R. Civ. P. 20(a)(2). When

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determining whether defendants are joined properly, the court should “liberally construe[] [the

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requirements] in the interest of convenience and judicial economy in a manner that will secure the

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just, speedy, and inexpensive termination of the action.” Call of the Wild Movie, LLC v. Does 1-

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1,062, No. 10-455, 2011 WL 996786 (D.D.C. Mar. 22, 2011) (citation & quotation marks omitted);

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see United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 724 (1966); Diabolic Video Prods., Inc.,

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No. 10-CV-5865, at *5. If defendants do not satisfy the test for permissive joinder, the court may

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sever the misjoined parties, “so long as no substantial right will be prejudiced by the severance.”

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Coughlin v. Rogers, 130 F.3d 1348, 1350 (9th Cir. 1997) (citation omitted); see Fed. R. Civ. P. 21

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(“Misjoinder of parties is not a ground for dismissing an action.”).

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The claims that Plaintiff brings against Defendants Mary Shapiro, the Securities and

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Exchange Commission, and the United States stem from issues of law and fact distinct from the

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claims asserted against other defendants. In the interest of convenience and judicial economy, the

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court therefore orders that these parties be severed from this case.

RT

Dated: January 5, 2012

Judge D
ER

Ryu

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F
D IS T IC T O
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DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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onna M

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ERED

O ORD

R NIA

NO

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IT IS S

FO

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S DISTRICT
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C
TA

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UNIT
ED

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IT IS SO ORDERED.

RT
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O

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