Damian
Damian v. Yahia Meftah Sole Prop.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
MELANIE E. DAMIAN,
Case No. 22-cv-02573-JCS Plaintiff, 8 v. ORDER GRANTING SUMMARY JUDGMENT AS TO YAHIA MEFTAH YAHIA MEFTAH, et al., Re: Dkt. Nos. 118, 130 Defendants.
The Court previously issued an order to show cause (dkt. 130)1 why Defendants’ motion to dismiss (dkt. 118) should not be converted to summary judgment under Rule 12(d) of the Federal Rules of Civil Procedure, and why summary judgment should not be granted in Defendants’ favor under that rule and Rule 56(f). The Court has reviewed Plaintiff Melanie Damian’s response (dkt. 131) to the order to show cause,2 and remains satisfied that for the purpose of Florida Statutes section 726.110(1), Damian “could reasonably have . . . discovered” the contents of documents at issue no later than the date those documents were delivered to Damian or her agents. Conditioning the limitations period on an expected rate of review,…