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