Courthouse News Service v. Michael Planet

Filing 37

NOTICE OF LODGING filed re MOTION to Dismiss Case and Abstain #21 (Attachments: #1 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,

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Plaintiff,
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
ORDER GRANTING
DEFENDANT’S MOTION TO
DISMISS AND ABSTAIN

Defendant.

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Order Granting Def’s
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 28, 2011, at

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10:00 a.m., before the Honorable Manuel L. Real. Rachel Matteo-Boehm and

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David Greene appeared on behalf of Plaintiff Courthouse News Service. Robert A.

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Naeve and Erica L. Reilley appeared on behalf of Defendant Michael D. Planet.

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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)

Defendant’s Motion is GRANTED.

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(2)

The Court dismisses Plaintiff’s Third Claim for Relief for violation of

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

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the United States Constitution;

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(3)

The Court abstains and dismisses the remainder of Plaintiff’s

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Complaint for Injunctive and Declaratory Relief under the equitable abstention

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doctrine enunciated in O'Shea v. Littleton, 414 U.S. 488 (1974), and its progeny;

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and

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(4)

The Court further abstains and dismisses the remainder of Plaintiff’s

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Complaint under the abstention doctrine enunciated in Railroad Commission of

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Texas v. Pullman Co., 312 U.S. 496 (1941).

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IT IS SO ORDERED.

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Dated: November __, 2011

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

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-1-

Order Granting Def’s
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)