Maher Soliman v. Monica Pearson, et al

Filing 38

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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MAHER W. SOLIMAN, Case No. 15-cv-02413-VC Plaintiff, 7 ORDER RE: SUPPLEMENTAL BRIEFING v. 8 9 MONICA PEARSON, et al., Re: Dkt. Nos. 5, 9 Defendants. 10 United States District Court Northern District of California 11 12 13 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 14 deadline was tolled while the motion to quash was being litigated in San Francisco Superior 15 Court? If so, what authority would support such an argument? 16 2. Also with respect to the motion to remand, is there an argument that this case falls 17 within the domestic relations exception to federal jurisdiction? See, e.g., Ankenbrandt v. Richards, 18 504 U.S. 689, 703-04 (1992); McLaughlin v. Cotner, 193 F.3d 410, 413 (6th Cir. 1999). 19 3. With respect to the motion to dismiss, is there an argument that this lawsuit is 20 precluded, in whole or in part, by any of the prior litigation? That is, have the claims raised by 21 Soliman in this lawsuit been litigated in a prior proceeding, or could they have been litigated in a 22 prior proceeding? See, e.g., Slater v. Blackwood, 543 P.2d 593, 594 (Cal. 1975). 23 24 25 26 27 28 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 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAHER W. SOLIMAN, Case No. 15-cv-02413-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 MONICA PEARSON, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 16 17 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. 18 19 20 Maher W. Soliman 1112 Larkin St No. 405 San Francisco, CA 94109 21 22 Dated: July 28, 2015 23 24 25 Richard W. Wieking Clerk, United States District Court 26 27 28 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 2

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