Opinion
Case No. CV12-1888 R(JCx)
06-20-2012
LESLIE DUTTON and AMERICAN ASSOCIATION OF WOMEN, INC., Plaintiffs, v. LEE SMALLEY EDMON, in her official capacity as Presiding Judge of the Superior Court of California, County of Los Angeles, ANN I. JONES, in her official capacity as a Judge of the Superior Court of California, County of Los Angeles, and D. BRETT BIANCO, in his official capacity as Court Counsel to the Superior Court of California, County of Los Angeles, Defendants.
Robert A. Naeve (State Bar No. 106095) Erica L. Reilley (State Bar No. 211615) JONES DAY Attorneys for Defendants THE HONORABLE LEE SMALLEY EDMON, THE HONORABLE ANN I. JONES, and D. BRETT BIANCO
Assigned for all purposes to
Hon. Manuel L. Real
ORDER GRANTING
DEFENDANTS' MOTION TO
DISMISS WITH PREJUDICE
On June 18, 2012, this Court heard the motion filed by the defendants, the Honorable Lee Smalley Edmon, the Honorable Ann I. Jones, and D. Brett Bianco ("Defendants"), to dismiss the Complaint for Declaratory and Injunctive Relief ("Complaint") filed by plaintiffs Leslie Dutton and American Association of Women, Inc.'s (collectively, "Plaintiffs"). Having considered all the papers submitted in support of and in opposition to this motion, the Court's file in this matter, and good cause having been shown, the Court hereby ORDERS as follows:
(1) Defendants' motion to dismiss is GRANTED.
(2) The Court hereby dismisses Plaintiffs' Complaint with prejudice.
(3) The Court holds Plaintiffs' Complaint must be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure because there is no First Amendment right of access to an empty courtroom. Palmieri v. Town of Babylon, No. 06-CV-0968, 2008 U.S. Dist. LEXIS 59550 (E.D.N.Y. 2008), aff'd, 2009 U.S. App. LEXIS 26442 (2d Cir. 2009).
(4) The Court alternatively holds Plaintiffs' Complaint must be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure because the Complaint fails to allege that Defendants engaged in viewpoint discrimination. Cornelius v. NAACP Legal Defense & Educ. Fund, Inc., 473 U.S. 788, 806 (1985).
IT IS SO ORDERED.
________________
Hon. Manuel L. Real
U.S. District Court Judge
Submitted by:
By: ____
Robert A. Naeve (State Bar No. 106095)
Erica L. Reilley (State Bar No. 211615)
JONES DAY
Attorneys for Defendants
THE HONORABLE LEE SMALLEY
EDMON, THE HONORABLE ANN I. JONES,
and D. BRETT BIANCO