Citizens for Fair Representation, et al. v. Padilla
| Citizens for Fair Representation, City of Fort Jones, California Libertarian Party, California American Independent Party, Marin County Green Party, Mark Baird, John D'Agostini, Larry Wahl, Shasta National Indian Tribe, Roy Hall, Jr., Win Carpenter, Kyle Carpenter, Patty Smith, Katherine Radinovich, David Garcia, Leslie Lim, Kevin McGary, Terry Rapoza, Howard Thomas, Michael Thomas, Steven Baird and Manuel Martinez |
| Alex Padilla |
| 2:2017cv00973 |
| May 8, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Siskiyou |
| Craig M. Kellison |
| Kimberly J. Mueller |
| Voting |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
67
ORDER signed by District Judge Kimberly J. Mueller on 11/28/2018 GRANTING 42 Motion to Dismiss. The Court DISMISSED the complaint for lack of subject matter jurisdiction without leave to amend. CASE CLOSED (Washington, S)
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Filing
64
ORDER signed by District Judge Kimberly J. Mueller on 8/1/2018 DENYING 53 ex parte request to file additional briefing and DENYING 59 Request for Stay. (York, M)
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Filing
32
ORDER signed by District Judge Kimberly J. Mueller on 1/31/2018 ORDERING the Plaintiffs' complaint, as currently articulated, asserts a generalized grievance that does not establish standing to sue in federal court. The complaint is also fraugh t with non-justiciable political questions. Accordingly, the court DISMISSES the complaint under Rule 12(b)(1) based on lack of subject-matter jurisdiction, but GRANTS plaintiffs leave to amend the complaint subject to the limitations discussed a bove. The amended complaint, limited to twenty-five pages, shall be filed within twenty-one days. Because a single-judge court lacks the authority to dismiss this case on the merits under Rule 12(b)(6), Shapiro, 136 S. Ct. at 455-56, the court DENIE S without prejudice defendant's motion to dismiss under Rule 12(b)(6), subject to renewal should this case proceed before a three-judge court at some point in the future. The court DENIES as MOOT plaintiffs' motion for sanctions. This resolves ECF Nos. 9, 11, 23. (Becknal, R)
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