Bernahl
Bernahl v. Eversheds Sutherland Limited
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID BERNAHL, Case No. 23-cv-00411-PCP
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS AND DENYING MOTION TO
IMPOSE SANCTIONS
EVERSHEDS SUTHERLAND LIMITED, et al., 11 Defendants.
12 In this lawsuit, plaintiff David Bernahl asserts various state law claims arising from Defendants’ purported failure to comply with Federal Rule of Civil Procedure 45 when serving third-party subpoenas in connection with a pending proceeding in a foreign tribunal. See 28 U.S.C. § 1782 (providing for issuance of such subpoenas). Defendants now move to dismiss Mr. Bernahl’s complaint for lack of jurisdiction and ask the Court to impose sanctions against Mr. Bernahl and his counsel. Mr. Bernahl seeks leave to amend the complaint. For the reasons that follow, the Court grants Defendants’ motion to dismiss for lack of subject matter jurisdiction and denies both Defendants’ motion for sanctions and Mr. Bernahl’s motion for leave to amend. …