COPPLE v. ASTRELLA & RICE, P.C.
442 F.Supp.2d 829 (2006)
Robert W. COPPLE, on behalf of himself and others similarly situated, Plaintiff,
ASTRELLA & RICE, P.C., et al., Defendants.
No. C 05-3961 JSW.
United States District Court, N.D. California.
August 9, 2006.
Ernest M. Thayer, Joseph Wood, San Francisco, CA, for Plaintiff.
Ethan P. Schulman, Howard, Rice, Nemerovski, Canady, Falk, San Francisco, CA, for Defendants.
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
WHITE, District Judge.INTRODUCTION
This matter comes before the Court upon consideration of the motion to dismiss
the First Amended Complaint ("FAC") filed by Astrella & Rice, P.C., Baker, Burton & Lundy, P.C., Engstrom, Lipscomp & Lack, Girardi & Keese, J. Tynan Kelly, Kiesel, Boucher & Larson, LLP, Lieff, Cabraser, Heimann & Bernstein, LLP, M. Brian McMahon, O'Donnell & Schaeffer, LLP, Michael J. Ponce, Francis 0. Scarpulla, and Douglas A. Stacey (collectively "Attorney Defendants") (1) for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and (2) for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Also before the Court are requests for judicial notice filed by both parties.
Having reviewed the parties' papers, relevant legal authority, the record in this case, and having had the benefit of oral argument, the Court HEREBY GRANTS Defendants' motion to dismiss, GRANTS in part and DENIES in part Defendants' requests for judicial notice, and GRANTS Plaintiff's request for judicial notice.FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff Robert W. Copple ("Copple") brings this putative class action under 42 U.S.C. § 1983 alleging that the "Attorney Defendants, entered into and implemented a conspiracy with a public official to commit and to preserve and cover up, an extrinsic fraud that would allow, and in fact did allow, Attorney Defendants to obtain for their own account $23 million or more in excess of any amount to which Attorney Defendants might properly have been entitled under applicable law," as part of a class action settlement in In re Natural Gas Antitrust Cases I, II, III & IV, Superior Court of the State of California, County of San Diego, J.C.C.P. Nos. 4221, 4224, 4226 & 4228 (hereinafter "the Natural Gas proceedings"). (FAC, ¶¶ 20, 22(a).)1