Courthouse News Service v. Michael Planet
Filing
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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)
rnaeve@jonesday.com
Erica L. Reilley (State Bar No. 211615)
elreilley@jonesday.com
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: (949) 851-3939
Facsimile: (949) 553-7539
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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-2-
[Proposed] Order Granting
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)
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