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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KELECHI CHARLES EMEZIEM DBA LAW OFFICES OF EMEZIEM & OTHERS, 8 Plaintiff, 9 ORDER TO FILE SUPPLEMENTAL BRIEFS v. 10 11 United States District Court Northern District of California Case No. 16-cv-06628-HSG CALIFORNIA DEPARTMENT OF JUSTICE, et al., 12 Defendants. 13 Pending before the Court are two motions to dismiss Plaintiff’s first amended complaint: 14 15 one filed by the State of California by and through the California Department of Justice 16 (collectively, “State Defendants”) and the other filed by six special agents employed by the 17 California DOJ (“Agents”). Dkt. Nos. 5, 12. According to papers relating to these motions, there 18 is a state court suit, Law Offices of Emeziem & Others v. California Attorney General, No. 19 RG15763425 (Alameda Cty. Super. Ct. Mar. 23, 2015), appeal filed, No. A146481 (Cal. Ct. App. 20 Sept. 23, 2015), with appeal proceedings still ongoing as of December 23, 2016. See Dkt. No. 14 21 at 3–4; Dkt. Nos. 6 & 13, Exs. B–F.1 Given that the state court suit and the instant case involve 22 similar underlying facts, the Court DIRECTS Plaintiff, State Defendants, and the Agents to file 23 simultaneous supplemental briefs regarding whether the instant suit should be dismissed or stayed 24 on federal abstention grounds, under the Younger or Colorado River lines of cases or otherwise. 25 See Younger v. Harris, 401 U.S. 37 (1971); Colorado River Water Conservation Dist. v. United 26 1 27 28 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). 1 States, 424 U.S. 800 (1976). Each supplemental brief shall not exceed seven pages, and shall be 2 filed no later than July 24, 2017. Wherever possible, the parties should cite controlling decisions 3 of the Supreme Court or the Ninth Circuit Court of Appeals. No responsive briefs will be 4 permitted. 5 6 7 8 IT IS SO ORDERED. Dated: 7/11/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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