Sierra Northern Railway v. City of Fort Bragg

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SIERRA NORTHERN RAILWAY, et al., Case No. 24-cv-04810-JST

8 Plaintiffs,

ORDER GRANTING MOTION TO

9 v. DISMISS, DENYING MOTION TO

STRIKE, AND GRANTING REQUEST

10 CITY OF FORT BRAGG, FOR JUDICIAL NOTICE 11 Defendant. Re: ECF Nos. 28, 32

12 13 Before the Court is Defendant City of Fort Bragg’s motion to dismiss and to strike. ECF 14 No. 28. The Court will grant the motion to dismiss with leave to amend and will deny the motion 15 to strike. The Court will also grant the request for judicial notice filed by Plaintiffs Sierra 16 Northern Railway and Mendocino Railway (“the Railways”). ECF No. 32. 17 I. BACKGROUND 18 For purposes of deciding the Rule 12(b)(6) motion to dismiss, the Court accepts as true the 19 following factual allegations from the operative complaint, ECF No. 26. Knievel v. ESPN, 393 20 F.3d 1068, 1072 (9th Cir. 2005). This action centers on a parcel of land in Fort Bragg, California 21 (“the Property”) that is owned by…