Emeziem dba Law Offices of Emeziem & Others v. California Department of Justice et al

Filing 34

ORDER TO FILE SUPPLEMENTAL BRIEFS. Signed by Judge Haywood S. Gilliam, Jr. on 7/11/2017. (ndrS, COURT STAFF) (Filed on 7/11/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KELECHI CHARLES EMEZIEM DBA
LAW OFFICES OF EMEZIEM &
OTHERS,

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Plaintiff,

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ORDER TO FILE SUPPLEMENTAL
BRIEFS

v.

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United States District Court
Northern District of California

Case No. 16-cv-06628-HSG

CALIFORNIA DEPARTMENT OF
JUSTICE, et al.,

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Defendants.
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Pending before the Court are two motions to dismiss Plaintiff’s first amended complaint:

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one filed by the State of California by and through the California Department of Justice

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(collectively, “State Defendants”) and the other filed by six special agents employed by the

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California DOJ (“Agents”). Dkt. Nos. 5, 12. According to papers relating to these motions, there

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is a state court suit, Law Offices of Emeziem & Others v. California Attorney General, No.

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RG15763425 (Alameda Cty. Super. Ct. Mar. 23, 2015), appeal filed, No. A146481 (Cal. Ct. App.

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Sept. 23, 2015), with appeal proceedings still ongoing as of December 23, 2016. See Dkt. No. 14

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at 3–4; Dkt. Nos. 6 & 13, Exs. B–F.1 Given that the state court suit and the instant case involve

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similar underlying facts, the Court DIRECTS Plaintiff, State Defendants, and the Agents to file

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simultaneous supplemental briefs regarding whether the instant suit should be dismissed or stayed

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on federal abstention grounds, under the Younger or Colorado River lines of cases or otherwise.

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See Younger v. Harris, 401 U.S. 37 (1971); Colorado River Water Conservation Dist. v. United

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The Court takes judicial notice of the state court documents attached to Defendants’ requests for
judicial notice. See Dkt. Nos. 6 & 13, Exs. B–F; United States ex rel. Robinson Rancheria
Citizens’ Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (taking judicial notice of a
state court order and filings that were related to the federal suit).

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States, 424 U.S. 800 (1976). Each supplemental brief shall not exceed seven pages, and shall be

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filed no later than July 24, 2017. Wherever possible, the parties should cite controlling decisions

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of the Supreme Court or the Ninth Circuit Court of Appeals. No responsive briefs will be

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permitted.

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IT IS SO ORDERED.
Dated: 7/11/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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