Peridot Tree, Inc. v. City of Sacramento ( 2022 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 Peridot Tree, Inc., et al., No. 2:22-cv-00289-KJM-DB 9 Plaintiffs, ORDER 10 V. 1] City of Sacramento, et al., 12 Defendants. 13 14 The plaintiffs in this action seek damages and equitable relief based on allegations that 15 | two local ordinances unconstitutionally hamper interstate commerce in cannabis. See generally 16 | First Am. Compl., ECF No. 12. The defendants’ motion to dismiss under Rule 12(b)(1) and (6) is 17 | currently pending, and the court has oral arguments scheduled for a combined motion hearing and 18 | scheduling conference on May 27, 2022. See Mot. Dismiss, ECF No. 13; Min. Order, ECF 19 | No. 14. On the court’s own motion, the hearing and conference are vacated and reset for 20 | June 17, 2022 at 10:00 a.m. before the undersigned. The parties are directed to submit 21 | simultaneous supplemental briefs of no more than ten pages each, to be filed by June 3, 2022 22 | at 5 p.m., addressing whether this court should abstain from adjudicating this action. See, e.g., 23 | Gopal v. Luther, No. 21-00735, 2022 WL 504983, at *3-4 (E.D. Cal. Feb. 18, 2022) (collecting 24 | authority and abstaining from exercising jurisdiction over a dispute about contracts and 25 | regulations related to the sale and distribution of cannabis). 26 IT IS SO ORDERED. DATED: May 16, 2022. 27