Courthouse News Service v. Michael Planet

Filing 61

NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint filed by defendant Michael Planet. Motion set for hearing on 8/4/2014 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss, #2 Proposed Order re Motion to Dismiss)(Naeve, Robert)

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1 2 3 4 5 6 7 8 9 10 Robert A. Naeve (State Bar No. 106095) Erica L. Reilley (State Bar No. 211615) Nathaniel P. Garrett (State Bar No. 248211) JONES DAY 3161 Michelson Drive Suite 800 Irvine, CA 92612.4408 Telephone: +1.949.851.3939 Facsimile: +1.949.553.7539 Attorneys for Defendant MICHAEL PLANET 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 COURTHOUSE NEWS SERVICE, 17 18 19 20 21 22 23 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 TO DISMISS AMENDED COMPLAINT Date: Time: Judge: August 4, 2014 10:00 a.m. Hon. Manuel L. Real 24 25 26 27 28 Notice of Motion to Dismiss Case No. CV 11-08083 R (MANx) 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on August 4, 2014 at 10:00 a.m., or as soon 3 thereafter as the matter may be heard in Courtroom 8 of the above-entitled court, 4 located at 312 N. Spring St., Los Angeles, California 90012, defendant Michael D. 5 Planet, in his official capacity as Executive Officer and Clerk of the Superior Court 6 of California, County of Ventura, will and hereby does move the Court to dismiss 7 the Amended Complaint on file in this action because it fails to state a claim for 8 relief for violation of the First Amendment to the United States Constitution. 9 The motion is based on this Notice of Motion, the concurrently filed 10 Memorandum of Points and Authorities, all other pleadings and papers filed herein, 11 and any additional argument the Court may consider at the hearing on this motion. 12 13 Dated: June 24, 2014. Respectfully submitted, JONES DAY 14 15 16 17 By: /s/ Robert A. Naeve Robert A. Naeve Attorneys for Defendant MICHAEL PLANET 18 19 20 21 22 23 24 25 26 27 28 -1- Notice of Motion to Dismiss Case No. CV 11-08083 R (MANx)

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