Peridot Tree, Inc. v. City of Sacramento

Opinion

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