Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 62

PROPOSED ORDER re 50 MOTION to DISMISS. (Wadsworth, Clyde)

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Bingham McCutchen LLP CHARLENE S. SHIMADA (SBN 91407) JOHN D. PERNICK (SBN 155468) ROBERT BRUNDAGE (SBN 159890) [e-mail] [e-mail] [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Alston Hunt Floyd & Ing PAUL ALSTON (Admitted Pro Hac Vice) CLYDE J. WADSWORTH (SBN 118928) [e-mail] [e-mail] American Savings Bank Tower, 18th Floor 1001 Bishop Street Honolulu, HI 96813 Telephone: [phone] Facsimile: 808.524.4591 Attorneys for Defendants and CrossDefendants KAMEHAMEHA SCHOOLS/ BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC GRANT, Plaintiff, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate; JOHN DOE; and JANE DOE, Defendants. And Related Cross and Counterclaims.
682333/2 8348/4 PROPOSED ORDER GRANTING KAMEHAMEHA SCHOOLS DEFENDANTS' AND CROSS-CLAIM DEFENDANTS' MOTION TO DISMISS, CASE NO.08-00672 FCD-KJM

No. 08-00672 FCD-KJM PROPOSED ORDER GRANTING KAMEHAMEHA SCHOOLS DEFENDANTS'AND CROSS-CLAIM DEFENDANTS' MOTION TO DISMISS Date: October 31, 2008 Time: 10:00 a.m. Courtroom: 2 Before: Hon. Frank C. Damrell, Jr.

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682333/2 8348/4

PROPOSED ORDER GRANTING KAMEHAMEHA SCHOOLS DEFENDANTS' AND CROSS-CLAIM DEFENDANTS' MOTION TO DISMISS James Banks, counsel for Plaintiff/Counter-Claim Defendant Eric Grant; Jerry Stein, counsel for Defendant/Counter- and Cross-Claim Plaintiffs John and Jane Doe (together, "the Does"); and Paul Alston and Charlene S. Shimada, counsel for Defendants and Cross-Claim Defendants Kamehameha Schools/Bernice Pauahi Bishop Estate and J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, and Corbett A.K. Kalama, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate (collectively, "Kamehameha Schools") came before the Court for hearing on October 31, 2008. The Court has carefully considered Kamehameha Schools' Motion to Dismiss, the memoranda, supporting papers and arguments of counsel and the record of this case. Good cause appearing, IT IS HEREBY ORDERED that 1. Kamehameha Schools' Motion to Dismiss is hereby GRANTED. The Court lack subject matter jurisdiction over this action because when the parties are properly aligned, as required, there is not complete diversity of citizenship. 2. Further, even if realignment were not required, there would be no personal jurisdiction over Kamehameha Schools with respect to either the complaint or the cross-claim. 3. Further, even if subject matter jurisdiction and personal jurisdiction were present, Plaintiff's claim for declaratory relief is not proper under 28 U.S.C. § 2201, and the Court declines to exercise jurisdiction over this declaratory judgment action and the resulting cross-claim. 4. For the foregoing reasons, Plaintiff's Complaint and the Doe Defendants' Cross-claim against Kamehameha Schools are hereby dismissed.

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PROPOSED ORDER GRANTING KAMEHAMEHA SCHOOLS DEFENDANTS' AND CROSS-CLAIM DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM

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IT IS SO ORDERED. DATED: October__, 2008 By: HON. FRANK C. DAMRELL, JR. United States District Judge

682333/2 8348/4

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PROPOSED ORDER GRANTING KAMEHAMEHA SCHOOLS DEFENDANTS' AND CROSS-CLAIM DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM