(PS) Gianelli v. Schoenfeld, et al., No. 2:2021cv00477 - Document 59 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Dale A. Drozd on 9/8/2022 ADOPTING 57 Findings and Recommendations in full; GRANTING 46 Motion to Dismiss; GRANTING 48 Motion to Dismiss; DISMISSING all claims against defendants Dujmovich, Schoenfeld, Schultz, and Silver with prejudice for failure to state a claim; and DISMISSING all claims against defendant PG&E due to lack of subject matter jurisdiction. CASE CLOSED. (Coll, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHEILA GIANELLI, 12 13 14 15 16 No. 2:21-cv-00477-DAD-KJN (PS) Plaintiff, v. RONALD STEVEN SCHOENFELD, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING ACTION (Doc. Nos. 46, 48, 57) 17 18 Plaintiff Sheila Gianelli is proceeding pro se in this civil action against defendants Ronald 19 Steven Schoenfeld, Debra Lee Silver, Lance Schultz, Nick Dujmovich, and Pacific Gas and 20 Electric Company (“PG&E”). This matter was referred to a United States Magistrate Judge 21 pursuant to Local Rule 302. 22 On August 10, 2022, the assigned magistrate judge issued findings and recommendations, 23 recommending that defendants’ motions to dismiss (Doc. Nos. 46, 48) be granted and that all of 24 plaintiff’s claims be dismissed. (Doc. No. 57.) Specifically, the magistrate judge recommended 25 that all of plaintiff’s claims against defendants Dujmovich, Schoenfeld, Schultz, and Silver be 26 dismissed with prejudice for failure to state a claim, and that all of plaintiff’s claims against 27 defendant PG&E be dismissed due to lack of subject matter jurisdiction. (Id.) The findings and 28 recommendations were served on all parties and contained notice that any objections thereto were 1 1 to be filed within fourteen (14) days of service. (Id. at 22–23.) No objections have been filed, 2 and the time to do so has since passed. 3 In accordance with the provisions of Local Rule 304, this court has conducted a de novo 4 review of this case. Having carefully reviewed the entire file, the court finds the findings and 5 recommendations to be supported by the record and proper analysis. 6 Accordingly, 7 1. 8 The findings and recommendations issued on August 10, 2022 (Doc. No. 57) are adopted in full; 9 2. Defendant Silver’s motion to dismiss (Doc. No. 46) is granted; 10 3. Defendants Dujmovich and Schultz’s motion to dismiss (Doc. No. 48) is granted; 11 4. All claims against defendants Dujmovich, Schoenfeld, Schultz, and Silver are 12 13 dismissed with prejudice for failure to state a claim; 5. 14 All claims against defendant PG&E are dismissed due to lack of subject matter jurisdiction; and 15 6. 16 IT IS SO ORDERED. 17 18 Dated: The Clerk of the Court is directed to close this case. September 8, 2022 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.