Ryan v. City of Lincoln, et al.,

Filing 41

ORDER signed by District Judge Kimberly J. Mueller on 7/18/19 ORDERING that within 14 days of this order plaintiff and the City of Lincoln shall file simultaneous supplemental briefs, not to exceed 10 pages addressing the effect of Knick on plaintiff's motion for reconsideration. Upon review of these briefs, the court will let the parties know if it requires further briefing or argument. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD J. RYAN,

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No. 2:18-cv-00096-KJM-DB

Plaintiff,
v.

ORDER

CITY OF LINCOLN, et al.,
Defendants.

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On December 6, 2018, the court granted defendant City of Lincoln’s motion to

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dismiss without leave to amend because, among other things, plaintiff’s Fifth Amendment takings

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claim was not ripe under Williamson Cty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson

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City, 473 U.S. 172, 186, 194 (1985); thus, the court determined it lacked jurisdiction over

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plaintiff’s claims. See ECF No. 27. On December 15, 2018, plaintiff moved for reconsideration

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of the court’s order based on additional facts he believes implicate Williamson County’s futility

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exception and thus allow him to amend his complaint and survive the City’s Rule 12(b)(1)

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challenge. ECF No. 32. On January 25, 2019, the court heard oral argument on plaintiff’s

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motion for reconsideration and thereafter submitted the motion for resolution by written order.

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See ECF No. 38. The motion remains submitted.

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On June 21, 2019, the Supreme Court issued its opinion in Knick v. Twp. of Scott,
Pennsylvania, 139 S. Ct. 2162, 2167 (2019), and, in doing so, expressly overruled Williamson
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County. Given the procedural posture of this case, and the Supreme Court’s intervening decision

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in Knick, within fourteen (14) days of this order plaintiff and the City of Lincoln shall file

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simultaneous supplemental briefs, not to exceed 10 pages addressing the effect of Knick on

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plaintiff’s motion for reconsideration. Upon review of these briefs, the court will let the parties

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know if it requires further briefing or argument.

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IT IS SO ORDERED.
DATED: July 18, 2019.

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UNITED STATES DISTRICT JUDGE

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