27, 2010, in response to a complaint filed on January 30, 2010, the United States District Court for the Northern district of Idaho (the “Court”) vacated the defendant restaurants' preliminary injunction pursuant to 28 § 1423(b) because the Court determined that the complaint did not satisfy the requirements of 28 § 1343, which establishes a “right to petition” under the Administrative Procedure Act. Appellant Restaurant, Inc. d/b/a CAPRICORN RESTAURANT, which filed the complaint in the Court on January 30, 2010, appealed the Court's ruling to the Ninth Circuit. On January 30, 2011, the District Court dismissed the appeal on the ground that the complaint was not “alleged” within the meaning of 28 § 1343(4). Appellant then appealed to the Ninth Circuit. The District Court also dismissed an amended complaint appending a number of issues and allegations which have since been settled in the final judgment and order. This appeal presents four procedural issues: (1) whether the Court erred in finding that the complaint was not “alleged” within the meaning of 28 § 1343(4); (2) whether the Ninth Circuit erred in reaching a different outcome than it did in the Court of Appeals in affirming the District Court's order granting the preliminary injunction; (3) whether the Court erred by vacating the injunction; and, (4) whether the Court erred in dismissing the amended complaint. For purposes of this appeal, Appellant respectfully submits that appealed Restaurant, Inc. d/b/a CAPRICORN RESTAURANT, its officers, agents, employees, or predecessors did not allege, or, if alleged, did not allege a right to petition under the Administrative Procedure Act for those alleged violations. These appeals brief is therefore moot. Appellant is relieved of any and all legal duties it might have otherwise had toward appealed Restaurant. The Court's Order is vacated, and the case remanded for further proceedings consistent with this opinion. On June 9, 2011, the Ninth Circuit issued an opinion in which it reiterated its earlier decision on whether this case was alleged within the meaning of 28 § 1343 that was previously vacated and remanded in this case. United States v. Restaurant, Inc.
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2 IDAHO 389 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER ADMINISTRATIVE REVIEW AND ACTION BY THE CHIEF ADMINISTRATIVE
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