Free Motion to Remand - District Court of California - California

Case 3:07-cv-06058-CRB

Document 27

Filed 12/14/2007

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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
Pltf's Notice of Mtn, Mtn to Remand, & Req for Attys' Fees - No. CV 07-06058 CRB

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No. CV 07-06058 CRB PLAINTIFF'S NOTICE OF MOTION, MOTION TO REMAND, AND REQUEST FOR ATTORNEYS' FEES (28 U.S.C. § 1447(c)) 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

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TO ALL DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 25, 2008, at 10:00 a.m. or as soon thereafter as

3 the matter may be heard in the above-entitled court, located at 450 Golden Gate Avenue, 4 19th Floor, Courtroom 8, San Francisco, California 94102, before the Honorable Charles R. Breyer, 5 Plaintiff AMERICAN CIVIL RIGHTS FOUNDATION will move this Court, pursuant to 6 28 U.S.C. § 1447(c), to remand this matter to the Superior Court of California, County of Alameda, 7 where this matter was originally filed, on the following grounds: 8 1. Defendants City of Oakland and Port of Oakland failed to remove this action within

9 the time permitted by 28 U.S.C. § 1446(b); 10
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 (916) 419-7111 FAX (916) 419-7747

2.

Plaintiff American Civil Rights Foundation has not stated a cause of action granting

PACIFIC LEGAL FOUNDATION

11 this Court subject matter jurisdiction; and 12 3. Plaintiff American Civil Rights Foundation only has standing based on California

13 state law principles, thus Plaintiff does not have Article III standing. 14 For all of these reasons, Plaintiff maintains that this matter be remanded to the Superior

15 Court of California, County of Alameda, and award Plaintiff its costs and attorneys' fees, pursuant 16 to 28 U.S.C. § 1447(c), incurred in opposing this improper removal. 17 18 19 20 21 22 23 24 25 26 27 28
Pltf's Notice of Mtn, Mtn to Remand, & Req for Attys' Fees - No. CV 07-06058 CRB

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Case 3:07-cv-06058-CRB

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Filed 12/14/2007

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This Motion will be based on this Plaintiff's Notice of Motion, Motion to Remand, and

2 Request for Attorneys' Fees; the Memorandum of Points and Authorities in Support of Plaintiff's 3 Motion to Remand and Request for Attorneys' Fees; the Declarations of Sharon L. Browne and 4 Joshua P. Thompson in Support of Plaintiff's Motion to Remand and Request for Attorneys' Fees 5 filed herewith; the pleadings and papers filed herewith, arguments of counsel, the record in this 6 matter, and such other evidence as may be adduced at the hearing. 7 8 9 10
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 (916) 419-7111 FAX (916) 419-7747

DATED: December 14, 2007. Respectfully submitted, SHARON L. BROWNE RALPH W. KASARDA JOSHUA P. THOMPSON

PACIFIC LEGAL FOUNDATION

11 12 By 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Pltf's Notice of Mtn, Mtn to Remand, & Req for Attys' Fees - No. CV 07-06058 CRB

/s/ Sharon L. Browne SHARON L. BROWNE

Attorneys for Plaintiff

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