Aiuto et al v. San Francisco's Mayor's Office of Housing et al

Filing 37

ORDER DISMISSING Plaintiffs' Section 1983 Claims without Prejudice and Closing Case. Signed by Judge Claudia Wilken on 5/3/2010. (cwlc2, COURT STAFF) (Filed on 5/3/2010)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SAN FRANCISCO'S MAYOR'S OFFICE OF HOUSING, et al., Defendants. / VICTOR AIUTO, et al., Plaintiffs, FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-2093 CW ORDER DISMISSING PLAINTIFFS' SECTION 1983 CLAIMS WITHOUT PREJUDICE AND CLOSING CASE IN THE UNITED STATES DISTRICT COURT

On April 16, 2010, the Court granted in part Defendants' Motion for Judgment on the Pleadings. Plaintiffs' takings claims

addressed to Ordinance 320-08 were dismissed without prejudice to refiling in state court. Their facial equal protection and due

process challenges to Ordinance 320-08 failed as a matter of law, and their as-applied equal protection and due process challenges to the Ordinance were deemed not ripe for review. The Court declined

to exercise supplemental jurisdiction over Plaintiffs' challenge to Ordinance 320-08 based on preemption by the Costa-Hawkins Act. The Court granted Plaintiffs fourteen days to amend their claims under 42 U.S.C. § 1983. Because Plaintiffs did not file an

amended complaint within this period, the Court dismisses

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs' § 1983 claims without prejudice. conference set for July 15, 2010 is vacated.

The case management

Judgment shall enter against Plaintiffs on their facial equal protection and due process challenges to Ordinance 320-08. parties shall bear their own costs. file. IT IS SO ORDERED. The

The Clerk shall close the

Dated: May 3, 2010

CLAUDIA WILKEN United States District Judge

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