Coulombe

Coulombe v. Jolly

Good Law

447 F. Supp. 2d 1117·2006 WL 2474003·2006 U.S. Dist. LEXIS 63483

United States District Court, Central District of CaliforniaJune 14, 2006CV06-1781JFW(JWJX)California3,111 words

Opinion

Walter, J.

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION FOR LACK OF SUBJECT MATTER JURISDICTION; AND ORDER DENYING AS MOOT PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND PERMANENT INJUNCTION

On March 23, 2006, Plaintiffs Charles A. Coulombe (“Coulombe”), K & K Associates, Inc. (“K & K”), Daniel T. Mullinix (“Daniel M.”) and Donald R. Mullinix (“Donald M.”) (sometimes collectively “Plaintiffs”) filed a Complaint against Jerry B. Jolly, Director of the California Alcoholic Beverage Control Board (“Jolly”). Plaintiffs’ Complaint alleges that California Business and Professions Code § 23661.2 , which controls the shipment of wine to California from persons out of state, discriminates against out of state individuals and retail licensees in violation of the Commerce Clause. Plaintiffs bring their action pursuant to 42 U.S.C. § 1983 and seek a declaration that § 23661.2 violates the Commerce Clause and a preliminary and/or permanent injunction against the enforcement of § 23661.2.

I. FACTUAL SUMMARY

A. Plaintiffs ’Allegations

Plaintiffs’ Complaint alleges that on February 20, 2006, Plaintiff Coulombe, an individual over the age of 21 residing in the State of California, wrote a letter to…

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