City of Red Oak, Texas et al v. United States Department of Agriculture et al, No. 1:2020cv00483 - Document 69 (W.D. Tex. 2020)

Court Description: MEMORANDUM OPINION AND ORDER: This Memorandum Opinion and Order addresses Defendant United States Department of Agriculture's Motion to Dismiss Plaintiffs' First Amended Complaint and Motion to Transfer [ECF No. 35 ]. The Court grants in part the Motion and transfers the case to the United States District Court for the Western District of Texas, Austin Division. (Ordered by Judge Karen Gren Scholer on 5/4/2020) (ctf) [Transferred from Texas Northern on 5/5/2020.]
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City of Red Oak, Texas et al v. United States Department of Agriculture et al Doc. 69 Case 1:20-cv-00483-LY Document 69 Filed 05/04/20 Page 1 of 4 United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CITY OF RED OAK, TEXAS et al. V. UNITED STATES DEPARTMENT OF AGRICULTURE et al. § § § § § § CIVIL ACTION NO. 3:19-CV-2761-S MEMORANDUM OPINION AND ORDER This Memorandum Opinion and Order addresses Deendant United States Department of Agriculture's Motion to Dismiss Plaintiffs' First Amended Complaint and Motion to Transfer [ECF No. 35]. For the ollowing reasons, the Court grants in part the Motion and transfers the case to the United States District Court or the Westen District of Texas, Austin Division. I. BACKGROUND The Rockett Special Utility District ("Rockett") holds a Certiicate of Convenience and Necessity ("CCN") issued by the Public Utility Commission of Texas ("PUC"). See First Am. Comp!. r 34. The CCN gives Rockett the exclusive rights to provide water services within the certiicated area. See id. r 16. Here, the certificated area allegedly includes property owned by the Red Oak Industrial Development Corporation ("ROIDC"). See id. r 34. Accordingly, on August 19, 2019, ROIDC petitioned the PUC to decertiy certain areas within Rockett's CCN. See id.; see also Br. in Supp. of Mot. to Dismiss and Mot. to Transer ("Mot.") 4. In response, on October 16, 2019, Rockett sued the PUC Commissioners in their oicial capacities in the United States District Court or the Westen District of Texas, seeking to enjoin the PUC rom decertifying Rockett's CCN and requesting a declaratory judgment that 7 U.S.C. § 1926(b) preempts conlicting provisions in the Texas Water Code ("Westen District Case"). See Mot. 5. On November 5, 2019, the PUC stayed the CCN decertification proceedings "due to Dockets.Justia.com Case 1:20-cv-00483-LY Document 69 Filed 05/04/20 Page 2 of 4 Case 1:20-cv-00483-LY Document 69 Filed 05/04/20 Page 3 of 4 Case 1:20-cv-00483-LY Document 69 Filed 05/04/20 Page 4 of 4