Weisner v. Google LLC

Filing 67

ORDER REALIGNING PARTIES terminating 36 Motion for Declaratory Judgment; granting in part and denying in part 28 Motion for to Realign the Parties to realign Shmuel Nemanov as a co-plaintiff. Nemanov should be realigned as an involuntary pa rty plaintiff. R. 19(a). Since he claims the right to sue as a co-owner of the patent, he must be a party. He is necessary for a full adjudication, at least until a competent court with jurisdiction rules that he has given up his right to sue and is bound by any adjudication in relation to the party having the right to sue. Although he was sued and served as a party defendant, he should be made a plaintiff. However, since the party who filed the suit has clear right to sue, and since he a nd Nemanov are divided in viewpoint, Nemanov should be characterized as an involuntary plaintiff. The caption hereafter shall be as follows: Sholem Weisner, plaintiff, and Shmuel Nemanov, involuntary plaintiff v. Google LLC, Defendant. The clerk shall terminate ECF Nos. 28, 36. Googles motion to dismiss is not affected by this order. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/4/21) (yv)

Case 1:20-cv-02862-AKH Document 67 Filed 01/04/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SHOLEM WEISNER and SHMUEL NEMANOV, :
:
Plaintiff and Involuntary Plaintiff, :
:
-against:
:
:
GOOGLE LLC.
:
:
Defendant.
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ORDER REALIGNING
PARTIES
20 Civ. 2862 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
Nemanov should be realigned as an involuntary party plaintiff. R. 19(a). Since
he claims the right to sue as a co-owner of the patent, he must be a party. He is necessary for a
full adjudication, at least until a competent court with jurisdiction rules that he has given up his
right to sue and is bound by any adjudication in relation to the party having the right to sue.
Although he was sued and served as a party defendant, he should be made a plaintiff. However,
since the party who filed the suit has clear right to sue, and since he and Nemanov are divided in
viewpoint, Nemanov should be characterized as an involuntary plaintiff. See R. 19(a), which
provides that a person must be joined as a party if “in that person's absence, the court cannot
accord complete relief among existing parties;” or “that person claims an interest relating to the
subject of the action and is so situated that disposing of the action in the person's absence may:
(i) as a practical matter impair or impede the person's ability to protect the interest; or (ii) leave
an existing party subject to a substantial risk of incurring double, multiple, or otherwise
inconsistent obligations because of the interest.”

Case 1:20-cv-02862-AKH Document 67 Filed 01/04/21 Page 2 of 2

The caption hereafter shall be as follows: Sholem Weisner, plaintiff, and Shmuel
Nemanov, involuntary plaintiff v. Google LLC, Defendant. The clerk shall terminate ECF Nos.
28, 36. Google’s motion to dismiss is not affected by this order.
SO ORDERED.
Dated:

January 4, 2021
New York, New York

__________/s/ Alvin K. Hellerstein___________
ALVIN K. HELLERSTEIN
United States District Judge