The Council For Education v. California Attorney General et al
| The Council For Education |
| California Attorney General, California Fair Political Practices Commission, Connerly & Associates, Inc., Internal Revenue Service and U.S. Department of Education |
| 2:2009cv01503 |
| June 1, 2009 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Frank C. Damrell |
| None |
| No cause code entered |
| None |
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The following documents for this case are available for you to view or download:
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Filing
60
STIPULATION and ORDER 59 signed by Judge Frank C. Damrell, Jr., on 5/20/10: The proposed amended complaint 8 filed on 7/28/09 is ACCEPTED as of 7/28/09. The U.S. Dept of Education's motion to dismiss the claim against it for lack of jurisdi ction because of the anti-injunction provision in the Higher Education Act, 20 U.S.C. § 1082(a)(2), is GRANTED. The US' motion to dismiss for lack of subject matter jurisdiction, on behalf of the IRS, for lack of a waiver of sovereign immun ity under 26U.S.C. § 7408(a) and for pltfs' lack of standing to challenge a third-party organization'stax-exempt status, is GRANTED. The US' motion on behalf of the IRS to dismiss all remaining claims against the IRS for lack of s ubject matter jurisdiction, for failure to show an applicable waiver of sovereign immunity, is GRANTED. Because the Council for Education is now represented by counsel, the motion to dismiss it as a pltf for lack of counsel is WITHDRAWN. The amended complaint 8 is DISMISSED for the reasons stated in this Order. Pltf's 27 motion to recuse an Asst US Atty and award monetary sanctions is DENIED with prejudice. Pltfs have 30 days leave to amend. If pltfs do not file an amended complaint by the 30th day from the filing date of this order, without further order of the Court the action will be dismissed with prejudice as to the fed dfts. (Kastilahn, A)
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Filing
56
ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/2010. Attorney Rickey Ivie retained as counsel for plaintiff Council for Education. Judge Newman hereby VACATES hearings set for 4/1/2010 and parties shall re-notice their respective pending Motions for dates be District Judge Frank C. Damrell, Jr. Status Conference set for 4/22/2010 is VACATED and subject to re-setting by Judge Damrell. (Marciel, M)
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Filing
47
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/24/09: Plaintiffs' motion for a continuance, is granted 45 . HEARING as to 36 MOTION for JUDGMENT, 35 MOTION to STRIKE, 30 Motion for Sanctions, 29 Motion to Amend the Complaint, 27 AMENDED MOTION to DISMISS RESET for 2/24/2010 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. Status Conference RESET for 3/24/2010 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. 42 Motion is denied as moot. (Kaminski, H)
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Filing
10
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/09 ORDERING that pltf's ex parte writ for review and equitable indemnity, submitted 7/13/09,is DENIED. The Clerk shall unseal and file the writ. Pltf shall not submit or file any more documents in this case, either directly or under seal, until after he has demonstrated service of process upon dfts, and dftshave filed a responsive pleading or motion.(Kastilahn, A)
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Filing
5
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/10/09 ORDERING that Plaintiff's request for review pursuant to his 'Sealed First amended Ex Parte Writ for an FPPC Judicial Review" is DENIED. IT IS FURTHER ORDERED that the Clerk shall unseal and routinely file plaintiff's "Ex Parte Writs" (the original and amended filings) submitted by plaintiff on 7/8/09. (Streeter, J)
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