Courthouse News Service v. Michael Planet

Filing 21

NOTICE OF MOTION AND MOTION to Dismiss Case and Abstain filed by Defendant Michael Planet. Motion set for hearing on 11/21/2011 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Notice, #2 Proposed Order)(Reilley, Erica)

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Robert A. Naeve (State Bar No. 106095)
[e-mail]
Erica L. Reilley (State Bar No. 211615)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
MICHAEL PLANET, IN HIS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK OF THE VENTURA
COUNTY SUPERIOR COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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COURTHOUSE NEWS SERVICE,

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Plaintiff,
v.
MICHAEL PLANET, IN HIS
OFFICIAL CAPACITY AS COURT
EXECUTIVE OFFICER/CLERK OF
THE VENTURA COUNTY
SUPERIOR COURT,
Defendant.

Case No. CV11-08083 R (MANx)
Assigned for all purposes to
Hon. Manuel L. Real
DEFENDANT’S NOTICE OF
MOTION AND MOTION TO
DISMISS AND ABSTAIN
Date:
November 21, 2011
Time:
10:00 a.m.
Courtroom: 8

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Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on November 21, 2011, at 10:00 a.m., or as

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soon thereafter as the matter may be heard in Courtroom 8 of the above-entitled

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court, located at 312 N. Spring St., Los Angeles, California 90012, defendant

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Michael D. Planet, in his official capacity as Executive Officer and Clerk of the

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Superior Court of California, County of Ventura, will and hereby does move the

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Court as follows:

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1.

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To abstain and to dismiss Plaintiff Courthouse News Services (“CNS”)
Complaint for Injunctive and Declaratory Relief in its entirety pursuant

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to the equitable abstention doctrine enunciated in O’Shea v. Littleton,

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414 U.S. 488 (1974);

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2.

To abstain and to dismiss CNS’s Complaint for Injunctive and

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Declaratory Relief in its entirety pursuant to the abstention doctrine

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enunciated in Railroad Comm’n of Texas v. Pullman Co., 312 U.S. 496

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(1941);

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3.

To dismiss CNS’s First Claim for Relief for Violation of the First

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Amendment to the United States Constitution, pursuant to 42 U.S.C. §

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1983, because there is no mandatory, constitutional “right” to same-

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day access to newly filed unlimited civil complaints;

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4.

To dismiss CNS’s Second Claim for Relief For Violation of Federal

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Common Law, pursuant to 42 U.S.C. § 1983, because there is no

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mandatory, common-law “right” to same-day access to newly filed

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unlimited civil complaints; and

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5.

To dismiss CNS’s Third Claim for Relief for violation of California

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Rule of Court 2.550 because it is barred by the Eleventh Amendment

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to the United States Constitution.

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The motion is based on this Notice of Motion, the concurrently filed

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Memorandum of Points and Authorities and Request for Judicial Notice, and all
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Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

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other pleadings and papers filed herein, and any additional argument the Court may
consider at the hearing on this motion.
Dated: October 20, 2011

Respectfully submitted,

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JONES DAY

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By: /s/ Robert A. Naeve
Robert A. Naeve

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Attorneys for Defendant
MICHAEL PLANET, IN HIS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK OF THE VENTURA
COUNTY SUPERIOR COURT

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LAI-3151864

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Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)