Liberty et al v. State Bar of California

Filing 21

ORDER TO SHOW CAUSE re: jurisdiction; ORDER vacating briefing and hearing schedules. Show cause response due by 01/27/16. Opposing parties may file response by 02/03/16. Order to Show Cause Hearing set for 2/22/2016 at 10:00 AM, Courtroom 2, 17th Floor, San Francisco. Briefing and hearing schedules on 6 20 pending motions are vacated. Signed by Judge Thelton E. Henderson on 01/13/16. (tehlc3, COURT STAFF) (Filed on 1/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS A. LIBERTY,

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Plaintiff,

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v.
STATE BAR OF CALIFORNIA,

Case No. 16-cv-00022-TEH
ORDER TO SHOW CAUSE RE:
JURISDICTION; ORDER
VACATING BRIEFING AND
HEARING SCHEDULES

Defendant.

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United States District Court
Northern District of California

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Louis Liberty removed this case – a disciplinary action against him in the State Bar

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Court of California – on January 4, 2016. He alleges that it “arises under” the Driver’s

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Protection Privacy Act, 28 U.S.C. §§ 2721-2725, but this contention appears to be based

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solely on the inclusion of commentary on this federal statute in discovery documents.

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Notice of Removal at 2. This is not sufficient to create federal question jurisdiction. E.g.,

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Caterpillar Inc. v. Williams, 482 U.S. 386, 398–99 (1987) (under the “well-pleaded

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complaint” rule, “a federal question must appear on the face of the complaint”). In

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addition, “proceedings before the State Bar are Sui generis, neither civil nor criminal in

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character,” Yokozeki v. State Bar, 11 Cal. 3d 436, 447 (1974), so they are not removable

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under 28 U.S.C. § 1441, which provides for removal of civil actions only. E.g., Supreme

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Ct. of Cal. v. Kinney, No. 3:15-cv-01552 LB, 2015 WL 3413232, at *5 (N.D. Cal. May 27,

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2015); Wolfgram v. State Bar of Cal., No. C-94-3064 CAL, 1994 WL 721465, at *1 (N.D.

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Cal. Dec. 8, 1994).

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Accordingly, IT IS HEREBY ORDERED that Liberty shall file a written response

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showing cause as to why he believes this case was properly removed, including why this

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Court has subject matter jurisdiction, on or before January 27, 2016. The State Bar and

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other parties characterized by Liberty as “Counter and Cross-Defendants” may file a

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response on or before February 3, 2016. A hearing is scheduled for February 22, 2016,

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at 10:00 AM, but the Court may, depending on the written responses, decide this matter

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without oral argument.

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The briefing and hearing schedules on Liberty’s pending motions for writ of

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possession and to disqualify counsel are hereby VACATED. These schedules will be

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reset, if necessary, after the Court resolves whether it has jurisdiction over this case.

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Liberty shall serve a copy of this order on all parties who have not yet entered an
appearance in this matter.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: 01/13/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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