Soares v. Varner
- Virginia Demarchi
- 5:21-cv-04526
- U.S. District Court · Northern District of California
- 2
In Soares v. Varner, Judge Koh dismissed Sunoco from Soares’s claims with prejudice after Soares did not oppose Sunoco’s motion.
Paul F. Soares’s claims against Sunoco were dismissed with prejudice; the court also canceled the scheduled hearing on Sunoco’s motion.
What happened
In Soares v. Varner, Sunoco asked the court to dismiss Paul F. Soares’s claims against it, arguing that the court lacked authority over Sunoco and that Soares had not stated a valid claim.
Soares told the court that he did not oppose the motion and asked for dismissal without prejudice. The court rejected that request, reasoning that allowing Soares to amend would unfairly harm Sunoco, delay the case, and serve no useful purpose.
The court granted Sunoco’s motion to dismiss with prejudice and canceled the scheduled hearing. The order was signed by Judge Lucy H. Koh.
The detailed version
- Soares v. Varner · No. 5:21-cv-04526
- Virginia Demarchi
- Nov. 11, 2021
Background
Paul F. Soares sued William Varner and others, including Sunoco. Sunoco moved to dismiss Soares’s claims against it for lack of personal jurisdiction, meaning that Sunoco argued the court lacked sufficient authority over Sunoco, and for failure to state a claim, meaning that Soares’s allegations did not present a legally valid claim.
Soares filed a notice stating that he did not oppose Sunoco’s motion. He asked the court to dismiss his claims against Sunoco without prejudice, which would have allowed him to bring the claims again.
Court’s ruling
The court concluded that Soares had initiated the lawsuit and that Sunoco had been required to hire counsel and file the motion. The court stated that allowing amendment would unduly prejudice Sunoco, cause undue delay, and be futile. The court therefore granted Sunoco’s motion to dismiss with prejudice. The court also vacated the January 27, 2022 hearing on the motion.
The order was signed by United States District Judge Lucy H. Koh.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.