Nationwide Biweekly Administration, Inc. v.Jan Lynn Owen

Filing 54

ORDER REQUESTING FURTHER BRIEFING. Signed by Judge Lucy H. Koh on 5/26/2015. (lhklc4S, COURT STAFF) (Filed on 5/26/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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NATIONWIDE BIWEEKLY
ADMINISTRATION, INC.,

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Plaintiff,

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Case No. 14-CV-05166-LHK
ORDER REQUESTING FURTHER
BRIEFING

v.

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JAN LYNN OWEN, et al.,
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Defendants.

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On November 21, 2014, Plaintiff Nationwide Biweekly Administration, Inc. (“Plaintiff” or

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“Nationwide”) filed the instant lawsuit in this Court. See ECF No. 1. Plaintiff’s Complaint

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referenced related litigation pending before the undersigned in a case captioned Loan Payment

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Administration LLC v. Hubanks, No. 14-CV-4420-LHK (N.D. Cal.).1 ECF No. 1 ¶ 7. On January

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9, 2015, Defendant Jan Owen (“Defendant”), in her official capacity as Commissioner of the

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Department of Business Oversight for the State of California (“DBO”), filed a motion to dismiss

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Plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12. ECF No. 30. On page nine

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of Defendant’s motion, Defendant argued that the Court should abstain under Younger v. Harris,

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In the related action, Nationwide is a plaintiff, and the defendants include the district attorneys
for Marin and Monterey counties.
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Case No. 14-CV-05166-LHK
ORDER REQUESTING FURTHER BRIEFING

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401 U.S. 37 (1971). ECF No. 30 at 9 n.2. This motion was set for hearing on April 16, 2015.

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ECF No. 49. The Court subsequently vacated the hearing date, finding the motion suitable for

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decision without oral argument, and has not yet issued an order disposing of the motion. See ECF

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No. 51.

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On May 18, 2015, the Defendants in the related proceeding moved to dismiss
Nationwide’s complaint arguing that the Court should decline to exercise jurisdiction of Plaintiffs’

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causes of action pursuant to Younger v. Harris, 401 U.S. 37, based on an enforcement action filed

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against Plaintiffs in the Superior Court of the State of California on May 15, 2015. See Loan

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Payment Administration LLC v. Hubanks, No. 14-CV-4420-LHK (N.D. Cal. May 18, 2015), ECF

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No. 58. The state court proceeding, California v. Nationwide Biweekly Administration, Inc., No.

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United States District Court
Northern District of California

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RG15770490, was brought on behalf of the defendant district attorneys in Loan Payment, the

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Alameda county district attorney, and counsel for the DBO—the defendant in the instant case.

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The Court hereby sua sponte ORDERS the parties to provide supplemental briefing

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regarding the impact of the state court enforcement action on Defendant’s motion to dismiss based

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on Younger v. Harris, 401 U.S. 37. Defendant shall file a supplemental brief of no more than five

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(5) pages by June 3, 2015. Plaintiff may file an opposition of no more than five (5) pages by June

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10, 2015. Defendant may file a reply, if any, of no more than two (2) pages by June 17, 2015.

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The Court also SETS a hearing on this issue for June 25, 2015, at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: May 26, 2015

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_______________________________
LUCY H. KOH
United States District Judge

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Case No. 14-CV-05166-LHK
ORDER REQUESTING FURTHER BRIEFING