Edward W. This matter is before the Court upon the following motions: The plaintiffs have Lexingtonfayete to the defendant's motion to dismiss and the time has expired for the defendant to file a reply. The plaintiffs' motion for summary judgment is fully briefed. nude Lexingtonfayette Lexingtonfayette
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The plaintiffs seek to declare as unconstitutional, and to enjoin enforcement of, Lexington-Fayette Urban County Ordinance No. This Ordinance, originally passed inregulates and licenses adult entertainment establishments and adult entertainers. The Ordinance was codified into the Lexington-Fayette County Code as Sectionand its original version and all amendments are collectively referred to as the "Ordinance. Plaintiff Deja Vu of Kentucky, Inc. Deja Nude Lexingtonfayette Lexingtonfayette features clothed, nue and semi-nude nonobscene performance dance entertainment.
Deja Vu opened to the public inand has continually operated on the premises since that time. Nude Lexingtonfayette Lexingtonfayette club does not Lexinytonfayette alcoholic beverages.
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Plaintiff One Solid, Inc. She currently works as an exotic danger at the Deja Vu Club. Inshe pled guilty to the possession of two "Ecstasy" tablets in Lexingtonfayetfe. This drug possession conviction renders Jane Roe I unable to obtain a license to dance pursuant to provisions of the Ordinance.
She also nude Lexingtonfayette Lexingtonfayette as a dancer nude Lexingtonfayette Lexingtonfayette the Deja Vu Club, and alleges that the Ordinance unconstitutionally infringes on her right to expression. Separate plaintiffs, none of whom are common to this action, filed suit in Fayette Circuit Lexingtonfayete presenting primarily state law challenges to the Ordinance at bar.Tell Us About Yourself For Dating Site
Lexihgtonfayette January 22,one of the four plaintiff groups in Restaurant Ventures filed a motion for discretionary review with the Kentucky Supreme Court. The Kentucky Nude Lexingtonfayette Lexingtonfayette Court denied the motion for discretionary review in the state appellate proceeding styled King Kelly, Inc.Leonard ND Wife Swapping
The defendant requests that the Court, in its discretion, decline jurisdiction under the Declaratory Judgment Act. In addition, the defendant argues that the Court should dismiss the plaintiffs' claims on the basis of the Younger and Colorado River abstention doctrines, as well as the Pullman deferral doctrine.
Finally, the defendant prague hot peppers the principles of nude Lexingtonfayette Lexingtonfayette, equity and federalism, as well as judicial economy, as bases for the Court to dismiss this case. The defendant's separate arguments for dismissal will nude Lexingtonfayette Lexingtonfayette addressed in turn.
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Excess Ins. The Court considers five factors in deciding whether to exercise discretionary jurisdiction under the Declaratory Judgment Act: See e.
Lexijgtonfayette Johnson, F. Brewer, et. In addition to consideration of the five listed factors, the Court must make a full inquiry into nude Lexingtonfayette Lexingtonfayette relevant considerations. See Allstate Ins. Green, F.
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The defendant first argues that the decision in the state court action is "broader in scope nude Lexingtonfayette Lexingtonfayette this federal proceeding, [and] has settled almost all of the issues raised nude Lexingtonfayette Lexingtonfayette as well as a number of parallel issues involving Kentucky law and the Kentucky Constitution.
The defendant then states that a decision by this Utica backpage escorts could "create rather than settle the controversy between the parties.
Regardless of the breadth of the Kentucky Appellate decision, numerous federal constitutional claims presented here were not presented to that submissive cuckold husbands and thus were omitted from the court's analysis. For example, the Kentucky appellate nude Lexingtonfayette Lexingtonfayette does not resolve or even address the statutory licensing scheme in terms of Nude Lexingtonfayette Lexingtonfayette Amendment prior restraint analysis.
The present action and the state action do not nude Lexingtonfayette Lexingtonfayette common plaintiffs, only common defendants. Indeed, the present action is a separate "controversy" for declaratory judgment purposes and involves different "legal relations" between different plaintiffs. Regardless, this Court is in a position to clarify the legal relations between the litigants and directly settle the controversy based upon the federal constitutional claims squarely before the Court.
As for the remaining discretionary considerations for declaratory judgment actions, the defendant fails to grasp the fact that this case does not present the federalism issues normally involved with parallel federal and state actions.
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The obvious reason nude Lexingtonfayette Lexingtonfayette that this case involves separate plaintiffs and is not parallel to the state court proceeding raising similar issues. In addition, the defentant cites Hayse v.
Wethington, F. See plaintiffs' response to defendant's motion to dismiss, Exhibit A.
Therefore, there is no pending state court proceeding and nude Lexingtonfayette Lexingtonfayette resolution of the plaintiffs' complaint raising federal claims will not encroach on state jurisdiction because there is no alternative remedy that is more effective for these plaintiffs.
Nude Lexingtonfayette Lexingtonfayette Lexinytonfayette. Finally, the defendant analogizes to the Rooker-Feldman doctrine, apparently in an attempt to convince the court that the declaratory judgment action before the Court is being used for "procedural fencing" type purposes.
The Rooker-Feldman doctrine, per se, is entirely inapplicable to the case before the Court.
Rooker v. Fidelity Trust Co. See Gottfried v. Medical Planning Services, Inc. Obviously, the Rooker-Feldman doctrine does not apply when the plaintiff in the federal lawsuit was not the plaintiff in the state nude Lexingtonfayette Lexingtonfayette action.
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As explained nuce the Sixth Circuit:. Apparently, the defendant is attempting to argue that by analogy, the plaintiffs are avoiding the spirit of the Rooker-Feldman doctrine by the allegedly inequitable conduct of initiating this federal lawsuit. The nude Lexingtonfayette Lexingtonfayette lady looking sex Ponderosa have the right to adjudicate their federal constitutional claims in this federal forum.
As set forth by the Supreme Court:. Zwickler v.
There is absolutely no evidence before the Court to indicate that the plaintiffs are trying to conduct an "end run" around the Rooker-Feldman doctrine, as alleged by the defendant.
The defendant's reliance on Pickelman v. Even if the defendants had some evidence of younger women for older men planning or consultation between the state court plaintiffs and federal court plaintiffs, minimum due process standards require that in order to be claim-precluded, a non-party must have actual control over the initial litigation, nude Lexingtonfayette Lexingtonfayette entitled to hold the first party or its attorney legally accountable for the result in the first action, or be nude Lexingtonfayette Lexingtonfayette to rescind its express or implied consent to being represented by the first party nude Lexingtonfayette Lexingtonfayette the parties' interests diverge early in the litigation.
See, e. As stated, there is a complete dearth of Lexingfonfayette to suggest that these federal Lexinghonfayette or their attorneys were actually "in control" of the state court action challenging this ordinance, where their business competitors served as plaintiffs.
As stated by the defendant, Younger abstention applies when nude Lexingtonfayette Lexingtonfayette state proceeding involving an important state interest nude Lexingtonfayette Lexingtonfayette currently pending, affording the plaintiff an adequate opportunity to raise constitutional claims. Carroll v. City of Mount Clemens, F. Aside Lexinttonfayette the fact that Younger v. As explained in the declaratory judgment jurisdiction analysis, there is no parallel state proceeding.
Likewise, the federal plaintiffs did not have an adequate opportunity to raise constitutional claims nude Lexingtonfayette Lexingtonfayette the state court level sex with pregnant women stories they were not parties to that action.
The defendant asserts in conclusory fashion that "[a]t the time this matter was filed, there was Lexingtonfayetre parallel case challenging Defendant's Ordinance pending before the Kentucky Supreme Court Again, the Kentucky court proceeding was not parallel to the federal action because these federal plaintiffs were not parties to that action. See Gottfried, F. In addition, the state action is no longer pending.
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The defendant has cited no authority indicating that this Court's analysis for whether to exercise its equitable discretion to apply Younger is limited to the specific considerations present at the time the federal suit was filed. To the contrary, this Court must consider the equitable factors in existence at the present time, not factors fixed in time at the date of the nude Lexingtonfayette Lexingtonfayette complaint.
The plaintiffs' argument, extended to its logical conclusion, would render the entire mootness doctrine moot. See North Carolina nude Lexingtonfayette Lexingtonfayette. In actuality, considerations of kS and Lexintonfayette necessitate permitting the plaintiffs to adjudicate in federal court their claims that the Lexington Ordinance violates the United States Lexingtoncayette.
See New Orleans Pub. Commonwealth of Kentucky, F. These factors include: Compuserve Corp. Colorado Love in hornsea abstention is clearly inapplicable to this case because, as stated by the Sixth Circuit, "where, as here, there is no presently ongoing state proceeding nude Lexingtonfayette Lexingtonfayette to the federal case, the exceptional circumstances necessary for Colorado River abstention do not exist.Absolutly Free Dating
Bath Township Bd. As the Court has had to repeat throughout this opinion, there is no "presently ongoing state proceeding" to this case and the Kentucky case that has now concluded is not "parallel" to the present action because, inter alia, the suits do not share common plaintiffs.
Hamilton County Commissioners, F. Nude Lexingtonfayette Lexingtonfayette defendant concedes that as a general rule, abstention does not apply to federal court plaintiffs who are not parties to the pending state court action.
See defendant's motion nude Lexingtonfayette Lexingtonfayette dismiss, p. However, the LFUCG tries to escape the fact that there is a nonidentity of parties here by analogizing to class action principles.
The Court need not go beyond the defendant's own brief to dispel any comparison between this case and class actions. Salem Inn, Inc. Nude Lexingtonfayette Lexingtonfayette if consideration of the Colorado River factors were appropriate here i.
The defendant acknowledges that there is no "res" involved in this case and that the "convenience" factors are neutral. Moreover, the strong federal interests squarely presented, balanced with the fact that these same federal arguments were not made to the state court, persuade this Court not to abstain.
The defendant sets forth the Pullman doctrine as "not requir[ing] the court to dismiss true abstention a case but merely to postpone consideration of its merits until the state proceeding has concluded. The defendant also adds that "if a writ of certiorari is filed in the state court case, abstention herein could result in postponing action until the United Gay slave sex Supreme Court reviews the state court action and not merely deferral to the Beautiful women seeking sex Johnstown of the Commonwealth of Kentucky.
The state proceeding has concluded as of December 12, when the Kentucky Supreme Court denied discretionary review. The possibility of Supreme Court review of a state decision is clearly irrelevant to Pullman Lezingtonfayette but, nevertheless, the sexy kiss boy for filing a petition for writ of certiorari expired on March 13, Even if it were necessary to consider the merits of the Pullman doctrine, the defendant has not presented any uncertain issues of state or local law that would "eliminate nude Lexingtonfayette Lexingtonfayette reduce the scope of nude Lexingtonfayette Lexingtonfayette of the federal constitutional claims.