Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02246-BTM-WMC

Document 13

Filed 01/11/2008

Page 1 of 2

I 2 3 4 5 6 7
8

EDMUND G. BROWN JR. Attorney General of the State of California CHRISTOPHER E. KRUEGER Senior Assistant Attorney General STEPHEN P. ACQUISTO Supervising Deputy Attorney General JEFFREY I. BEDELL, State Bar No. 232287 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-6103 Fax: (916) 324-8835 Email: [email protected]

Attorneys for Defendants Arnold Schwarzenegger, in 9 his official capacity as Governor of the State of California; Edmund G. Brown Jr., in his official 10 capacity as Attorney General of the State of California; and, Jack O'Connell, in his official capacity as the I I California State Superintendent of Public Instruction 12 13 14 IS 16 17 18
v.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

CALIFORNIA EDUCATION COMMITTEE, LLC and PRISCILLA SCHREIBER, Plaintiffs,

07 CV 2246 BH-.I (WMC) NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT BY THE STATE DEFENDANTS [Fed. R. Civ. P. Rules 12(b)(1), (6)] Hearing Date: February IS, 2008 Time: II :00 a.m. Courtroom: 15 Judge: The Honorable Barry Ted Moskowitz [Oral Argument Not Required]

19 20 21 22 23 24 25 26 27 28
Notice of Motion to Dismiss Complaint

ARNOLD SCHWARZENEGGER, in his official capacity as Governor ofthe State of California; EDMUND G. BROWN, JR., in his official capacity as Attorney General of the State of California; JACK O'CONNELL in his official capacity as California Superintendent of Public Instruction; and DOES 1 through 20 inclusive, Defendants.

Case No . 07 CV 2246 B1M (WMC)

Case 3:07-cv-02246-BTM-WMC

Document 13

Filed 01/11/2008

Page 2 of 2

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:

2
3 4

PLEASE TAKE NOTICE THAT on February 15,2008, at I I :00 a.m. , in the U.S. District Court, 940 Front Street, San Diego, CA 92101 , Defendants Arnold Schwarzenegger, in his official capacity as Governor of the State of California; Edmund G. Brown Jr. , in his official capacity as

5 Attorney General of the State of California; and, Jack O'Connell, in his official capacity as the 6 7 California State Superintendent of Public Instruction will move pursuant to Federal Rule of Civil Procedure 12(b)(I) and 12(b)(6) for an order dismissing this matter in its entirety. The motion to dismiss is made on the following specific grounds: (I) The Complaint

8

9 presents no Article III "case or controversy" that is ripe under both constitutional and prudential 10 components; (2) The Complaint fails to state a claim against the Governor, the Attorney General, II and, in part, the Superintendent of Education because of Eleventh Amendment immunity; (3) The

12 Second Cause of Action predicated on state law is barred under the Eleventh Amendment and 13 Penhurst St. Sch. & Hosp. v Halderman , 465 U.S. 89 (1984); and, (4) Th e Court under 28 U.S .C. 14 § 1367(c) should decline to exercise supplemental jurisdiction over the Second Cause of Action 15 because the challenge presents a novel issue of state law . 16 This motion is based on this Notice of Motion and Motion, the accompanying

17 Memorandum of Points and Authorities in Support of the Motion, the Request for Judicial Notice 18 filed In Support of this Motion, the Court's file in this action, and the oral argument of counsel. 19 20 21 22 23 24 25 26 27 28
Notice of Motion to Dismiss Complaint

Dated: January II, 2008

Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California CHRISTOPHER E. KRUEGER Senior Assistant Attorney General STEPHEN P. ACQUISTO Supervising Deputy Attorney General s/Jeffrey Bedell JEFFREY I. BEDELL Deputy Attorney General Attorneys for Defendants Governor of the State of California; Attorney General of the State of California; and, California Superintendent of Public Inst ruction Email : jeff.bedell@doj .ca.gov

Case No. 07 CV 2246 BTM (WMC)

2