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, CA 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,
Plaintiff,

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

Case No. CV11-08083 R (MANx)
Assigned for all purposes to
Hon. Manuel L. Real
[PROPOSED] ORDER
GRANTING DEFENDANT’S
MOTION TO DISMISS AND
ABSTAIN

Defendant.

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[Proposed] Order Granting
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

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A Motion to Dismiss and Abstain (“Motion”) filed by defendant Michael D.

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Planet, in his official capacity as Executive Officer and Clerk of the Superior Court

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of California, County of Ventura, came on for hearing on November 21, 2011,

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before the Honorable Manuel L. Real.

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Having considered all the papers submitted, oral argument, and the Court’s

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file in this matter, and good cause having been shown, the Court hereby ORDERS

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as follows:

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(1)

The Motion is GRANTED.

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(2)

The Court abstains and dismisses in its entirety Plaintiff Courthouse

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News Service’s Complaint for Injunctive and Declaratory Relief (“Complaint”),

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pursuant to the equitable abstention doctrine enunciated in O'Shea v. Littleton, 414

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U.S. 488 (1974), and its progeny;

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(3)

The Court abstains and dismisses in its entirety CNS’s Complaint

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pursuant to the abstention doctrine enunciated in Railroad Comm’n of Texas v.

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Pullman Co., 312 U.S. 496 (1941);

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(4)

The Court further concludes that CNS’s First Claim for Relief for

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Violation of the First Amendment to the United States Constitution, pursuant to 42

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U.S.C. § 1983, should be dismissed for failure to state a claim upon which relief

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may be granted because there is no constitutional right to “same-day access” to

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newly filed unlimited civil complaints;

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(5)

The Court further concludes that CNS’s Second Claim for Relief For

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Violation of Federal Common Law, pursuant to 42 U.S.C. § 1983, should be

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dismissed for failure to state a claim upon which relief may be granted because

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there is no common law right to “same-day access” to newly filed unlimited civil

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complaints; and

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-1-

[Proposed] Order Granting
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

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(6)

The Court further concludes that CNS’s Third Claim for Relief for

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violation of California Rule of Court 2.550 should be dismissed because it is barred

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by the Eleventh Amendment to the United States Constitution.

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IT IS SO ORDERED.
Dated: _____________________

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Hon. Manuel L. Real
U.S. District Court Judge

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LAI-3151818

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[Proposed] Order Granting
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)