Free Proposed Order - District Court of California - California

Case 3:07-cv-06058-CRB

Document 31

Filed 12/14/2007

Page 1 of 2

1 SHARON L. BROWNE, No. 119246 [email protected] 2 RALPH W. KASARDA, No. 205286 (Admission Pending) [email protected] 3 JOSHUA P. THOMPSON, No. 250955 (Admission Pending) [email protected] 4 Pacific Legal Foundation 3900 Lennane Drive, Suite 200 5 Sacramento, California 95834 Telephone: (916) 419-7111 6 Facsimile: (916) 419-7747 7 Attorneys for Plaintiff 8 9 10
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 (916) 419-7111 FAX (916) 419-7747

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PACIFIC LEGAL FOUNDATION

11 AMERICAN CIVIL RIGHTS FOUNDATION, a non-profit, public benefit corporation, 12 Plaintiff, 13 v. 14 CITY OF OAKLAND, CALIFORNIA, a political 15 subdivision of the State of California, and the PORT OF OAKLAND, a public entity, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28
[Proposed] Order re: Pltf's Mtn to Remand & Req for Attys' Fees - No. CV 07-06058 CRB

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No. CV 07-06058 CRB [PROPOSED] ORDER RE: PLAINTIFF'S MOTION TO REMAND AND REQUEST FOR ATTORNEYS' FEES Date: Time: Place: Judge: January 25, 2008 10:00 a.m. Courtroom 8, 19th Floor The Hon. Charles R. Breyer

Case 3:07-cv-06058-CRB

Document 31

Filed 12/14/2007

Page 2 of 2

1

The Motion of Plaintiff American Civil Rights Foundation came on regularly for a hearing

2 before this Court on January 25, 2008, at 10:00 a.m., with Honorable Justice Charles R. Breyer 3 presiding. Plaintiff was represented by Sharon L. Browne and Joshua P. Thompson. After hearing 4 arguments of the parties, as well as the documents submitted in support, opposition to the Motion, 5 and reply to the opposition the Court hereby grants the Plaintiff's Motion to Remand to the 6 Superior Court of California, Alameda County, on the following grounds: 7 1. Defendants failed to remove this action within the 30-day time-limit prescribed by

8 28 U.S.C. § 1446(b); 9 2. Plaintiff has not stated a cause of action granting this Court subject matter

10 jurisdiction; and
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 (916) 419-7111 FAX (916) 419-7747

PACIFIC LEGAL FOUNDATION

11

3.

In that Plaintiff's standing is based on California state law principles, Plaintiff does

12 not have Article III standing to maintain an action in federal court. 13 Consequently, pursuant to 28 U.S.C. § 1447(c), Defendant is hereby ordered to pay

14 Plaintiff's costs and attorneys' fees in the amount of $____________________ incurred in 15 opposing this removal. 16 17 18 19 DATED: ____________________. 20 21 22 23 24 25 26 27 28
[Proposed] Order re: Pltf's Mtn to Remand & Req for Attys' Fees - No. CV 07-06058 CRB

IT IS SO ORDERED.

________________________________________ THE HONORABLE CHARLES R. BREYER United States District Court Judge

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