Hernandez

Hernandez v. Sonoma-Marin Area Rail Transit District (SMART)

Good Law
United States District Court, Northern District of CaliforniaAugust 12, 20224:21-cv-01782California5,536 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FILEMON HERNANDEZ, et al., Case No. 21-cv-01782-DMR

Plaintiffs,

ORDER ON MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

SONOMA-MARIN AREA RAIL TRANSIT Re: Dkt. No.

DISTRICT (SMART),

11 Defendant. 12 Defendant Sonoma-Marin Area Rail Transit District (“SMART”) moves pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss Plaintiffs’ second amended complaint (“SAC”). [Docket No. 44.] The court ordered supplemental briefing on the issue of subject matter jurisdiction, which the parties timely filed. [Docket Nos. 53-55.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. I. BACKGROUND A. Factual Allegations This case is about SMART’s construction and operation of a bike and pedestrian pathway on land adjacent to the railway it operates on an existing railroad. [Docket No. 41 (SAC) ¶ 4.] The State of California formed SMART…

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