Maher Soliman v. Monica Pearson, et al
Filing
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ORDER RE: SUPPLEMENTAL BRIEFING RE 5 MOTION to Dismiss PLAINTIFF'S COMPLAINT, 9 MOTION to Remand. Responses due by 8/10/2015. Replies due by 8/14/2015. Signed by Judge Vince Chhabria on 7/28/2015. (knm, COURT STAFF) (Filed on 7/28/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAHER W. SOLIMAN,
Case No. 15-cv-02413-VC
Plaintiff,
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ORDER RE: SUPPLEMENTAL
BRIEFING
v.
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MONICA PEARSON, et al.,
Re: Dkt. Nos. 5, 9
Defendants.
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United States District Court
Northern District of California
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The parties are ordered to submit supplemental briefs, not to exceed 15 pages, on the
following issues:
1. With respect to the timeliness of the removal, is there an argument that the 30-day
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deadline was tolled while the motion to quash was being litigated in San Francisco Superior
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Court? If so, what authority would support such an argument?
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2. Also with respect to the motion to remand, is there an argument that this case falls
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within the domestic relations exception to federal jurisdiction? See, e.g., Ankenbrandt v. Richards,
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504 U.S. 689, 703-04 (1992); McLaughlin v. Cotner, 193 F.3d 410, 413 (6th Cir. 1999).
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3. With respect to the motion to dismiss, is there an argument that this lawsuit is
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precluded, in whole or in part, by any of the prior litigation? That is, have the claims raised by
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Soliman in this lawsuit been litigated in a prior proceeding, or could they have been litigated in a
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prior proceeding? See, e.g., Slater v. Blackwood, 543 P.2d 593, 594 (Cal. 1975).
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The plaintiff's supplemental brief is due Monday, August 10, 2015. The defendant's
supplemental brief is due Friday, August 14, 2015.
IT IS SO ORDERED.
Dated: July 28, 2015
______________________________________
VINCE CHHABRIA
United States District Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAHER W. SOLIMAN,
Case No. 15-cv-02413-VC
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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MONICA PEARSON, et al.,
Defendants.
United States District Court
Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 28, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Maher W. Soliman
1112 Larkin St
No. 405
San Francisco, CA 94109
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Dated: July 28, 2015
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Richard W. Wieking
Clerk, United States District Court
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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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