Balerna v. Gilberti

ORDER ON HARRIET J. BALERNA’S MOTION TO DISMISS OR STRIKE CROSS-CLAIM OF PHILIP DOMBROWSKI AND JEANNIE KLIBA-NOFF-DOMBROWSKI

STEARNS, District Judge.

The plaintiff and third-party defendant Harriet J. Balerna seeks to dismiss a cross-claim brought by third-party defendants, Philip Dombrowski and Jeannie Klibanoff-Dombrowski (Dombrowskis), against herself and Alfred Balerna, on the grounds that the cross-claim is impermissible under Fed. R.Civ.P. 13(g). For the reasons to be stated, the cross-claim will be dismissed.

BACKGROUND

On January 16, 2009, Harriet J. Balerna, a resident of California,…