Courthouse News Service v. Michael Planet
Filing
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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)
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,
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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)
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