Dang

Dang v. Pontier

Good Law
United States District Court, Southern District of CaliforniaMarch 13, 20203:18-cv-01869California373 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSEPH DANG, Case No.: 18cv1869-LAB (BGS)

Plaintiff,

ORDER DENYING MOTION FOR

v. HEARING ON REQUEST FOR

SANCTIONS

DAVID PONTIER, et al., Defendants. 16 David Pontier, a Defendant in this interpleader action, filed an ex parte motion asking the Court to sanction Plaintiff Joseph Dang under Fed. R. Civ. P. 11 for having improperly filed this action in order to thwart a state bar proceeding, and requested a hearing. This action was dismissed last June. A party’s motion for Rule 11 sanctions must be served on the opposing party before filing, and must not be filed or presented to the court if the challenged filing (here, the complaint) is withdrawn or corrected within 21 days after service. Fed. R. Civ. P. 11(c)(2). Pontier does not show that he served Dang with his motion before filing it, and Dang has already voluntarily dismissed the complaint. Pontier also asks for…

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