Giannini v. Northwestern Mutual Life Insurance Company et al

Filing 47

ORDER by Judge Claudia Wilken DENYING 40 MOTION FOR SANCTIONS. (ndr, COURT STAFF) (Filed on 9/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID GIANNINI, individually and
on behalf of all others similarly
situated and in the interest of
the general public of the State
of California,

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ORDER DENYING
MOTION FOR
SANCTIONS (Docket
No. 40)

Plaintiff,
v.

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NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY, a Wisconsin
company; NORTHWESTERN MUTUAL SAN FRANCISCO BAY AREA GROUP,
INC., a California corporation;
and JOHN GOODENOUGH, an
individual,

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Defendant.

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United States District Court
For the Northern District of California

No. C 12-77 CW

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________________________________/
Defendant Northwestern Mutual Life Insurance Company moves

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for sanctions against Plaintiff David Giannini.

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contends that Plaintiff’s second, fourth, fifth, sixth and ninth

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causes of action were frivolous and improperly asserted, and seeks

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dismissal of the claims and monetary sanctions against Plaintiff.

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Defendant

Plaintiff opposes the motion, contending that sanctions are

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unwarranted.

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requested that Defendant stipulate to dismissal of the fourth,

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fifth and ninth causes of action prior to its filing of the

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instant motion, and asks the Court to dismiss these claims without

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prejudice.

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Defendant for filing the motion for sanctions.

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Among other things, Plaintiff notes that he had

Plaintiff also seeks monetary sanctions against

Having considered the papers filed by the parties, the Court
DENIES the parties’ requests for sanctions against one another.

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The Court dismisses without prejudice Plaintiff’s fourth, fifth

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and ninth causes of action.

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As to Plaintiff’s second and sixth causes of action, the

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essence of Defendant’s argument is that Plaintiff will not be able

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to prove ultimately the merits of his claims.

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its motion for sanctions as to the second and sixth causes of

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action in its summary judgment motion, which presently is

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scheduled to be filed on October 18, 2012.

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Defendant may renew

IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 9/11/2012

CLAUDIA WILKEN
United States District Judge

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