Free Proposed Order - District Court of California - California

Case 3:07-cv-04936-CRB

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Filed 03/03/2008

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7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVIS ION SAN FRANCISCO CHAPTER OF THE A. PHILLIP RANDOLPH INSTITUTE, CALIFORNIANS FOR RENEWABLE ENERGY, LYNNE BROWN, REGINA HOLLINS, Case No. C-07-4936-CRB

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on behalf of themselves and others similarly situated and the general public
Plaintiffs,

[PROPOSED] ORDER GRANTING MOTION OF DEFENDANT TIlE CITY AND COUNTY OF SAN FRANCISCO TO DISMISS THE COMPLAINT

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, STEPHEN JOHNSON, BAY AREA AIR QUALITY MANAGEMENT DISTRICT, MARK ROSS, CITY AND COUNTY OF SAN FRANCISCO, Defendants.

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The motion of defendant the City and County of San Francisco (the "City") for an order, pursuant to: (i) Federal Rule of Civil Procedure 12(b)(1), dismissing certain of plaintiffs' claims on the ground that the Court lacks subject matter jurisdiction over them; and/or (ii) Federa l Rule of Civil Procedure 12(bX6), dismissing all of plaintiffs' claims on the ground that plaintiffs have failed to state a claim therein; (iii) 28 U.S.C.

§ 1367(a), dismissing plaintiffs' state law claims because the

Court does not have subject matter jurisdiction over plaintiffs' federal claims; andior (iv) 28 U.S.C.

§ 1367(c), declining to exercise supplemental jurisdiction over plaintiffs' state law claims, having
WROPOSED] ORDER GRANTING CITY'S MOTION TO DISMISS Case No. C-O74936-CRB

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Case 3:07-cv-04936-CRB

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Filed 03/03/2008

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submitted by the come before the Court on April 11, 2008. The Court, having considered the papers arguments of parties in support of and in opposition to the City's motion, and having heard the counsel, therefore, Court IT IS HEREBY ORDERED that the City's motion to dismiss is granted, and the dismisses the complaint in its entirety. Dated: Charles R. Breyer United States District Judge

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PROPO5ED] ORDER GRANTING CITY'S MOTION TO DISMISS Case No. C-07-4936-CRB

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