Wind Energy Partnership et al v. NextEra Energy Resources LLC et al

Filing 59

JUDGMENT DISMISSING THE FIRST AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF WITH PREJUDICE by Judge Manuel L. Real, IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that Judgment is hereby ente red in favor of the City Defendants, and each of them, and against Plaintiffs; defendants may make a motion for attorneys fees within 15 (fifteen) days after entry of this Judgment. That Judgment is hereby entered in favor of all defendants named in the First Amended Complaint, and each of them, and against Plaintiffs; may timely submitan application for bill of costs upon entry of this Judgment. (SEE ATTACHED FOR FURTHER DETAILS) (MD JS-6, Case Terminated). (pj)

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1 2 JS-6 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 WIND ENERGY PARTNERSHIP, a California limited partnership; WILLIAM W. ADAMS, an individual; WHITEWATER ENERGY CORPORATION, a California corporation; WHITEWATER DEVELOPMENT CORPORATION, a California corporation; SAN GORGONIO FARMS, INC., a California corporation, 20 21 22 23 24 25 [Honorable Manuel L. Real] JUDGMENT DISMISSING THE FIRST AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF WITH PREJUDICE Petitioners/Plaintiffs, 18 19 Case No. 5:11-cv-02050 R (OPx) vs. NEXTERA ENERGY RESOURCES, LLC, a Delaware limited liability company; WINDPOWER PARTNERS 1993, L.P., a Delaware limited partnership; CITY OF PALM SPRINGS, a public entity organized and existing under the laws of the State of California; CITY COUNCIL OF THE CITY OF PALM SPRINGS; DAVID H. READY, in his official capacity as City Manager of the City of Palm Springs; DOES 1-500, inclusive, 26 Respondents/Defendants/ Real Parties in Interest. 27 28 D RINKER B IDDLE & R EATH LLP ATTORNEYS AT LAW LOS ANGELES LA01/ 1127168.1 1 [PROPOSED] JUDGMENT 1 This matter came before the Court on the Motion of Defendants City of 2 Palm Springs, City Council of the City of Palm Springs, and David H. Ready 3 (collectively, the “City Defendants”) for Summary Judgment (the “Motion”) on 4 May 21, 2012 at 10:00 a.m. in Courtroom 8 of the above-entitled Court. All 5 parties were represented by counsel. Having considered all of the evidence 6 properly presented and the arguments of the respective parties and for good cause 7 appearing, 8 9 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that no material facts are in dispute and the City Defendants, and each of them, are entitled 10 to summary judgment as a matter of law against plaintiffs Wind Energy 11 Partnership, William W. Adams, Whitewater Energy Corporation, Whitewater 12 Development Corporation, and San Gorgonio Farms, Inc. (collectively, 13 “Plaintiffs”) on the remaining cause of action for “Deprivation of Due Process” in 14 the First Amended Petition for Writ of Mandate and Complaint for Damages and 15 Declaratory and Injunctive Relief (“First Amended Complaint”); that the City 16 Defendants, and each of them, are entitled to judgment against Plaintiffs on the 17 First Amended Complaint in its entirety; that the First Amended Complaint is 18 hereby dismissed with prejudice as to each of the City Defendants; and that 19 Plaintiffs take nothing by way of their First Amended Complaint against any of the 20 City Defendants. 21 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED 22 that Judgment is hereby entered in favor of the City Defendants, and each of them, 23 and against Plaintiffs; defendants may make a motion for attorneys fees within 15 24 (fifteen) days after entry of this Judgment. 25 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED, as 26 ordered on February 14, 2012, that NextEra Energy Resources, LLC, and 27 Windpower Partners 1993, LLC (f/k/a Windpower Partners 1993, L.P.) 28 (collectively, “NextEra Defendants”), and each of them, are entitled to judgment D RINKER B IDDLE & R EATH LLP ATTORNEYS AT LAW LOS ANGELES LA01/ 1127071.1 2 [PROPOSED] JUDGMENT 1 against Plaintiffs on the First Amended Complaint in its entirety; that all claims 2 against the NextEra Defendants, and each of them, are dismissed with prejudice; 3 and that Plaintiffs take nothing by way of their First Amended Complaint against 4 any of the NextEra Defendants. 5 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED 6 that Judgment is hereby entered in favor of all defendants named in the First 7 Amended Complaint, and each of them, and against Plaintiffs; may timely submit 8 an application for bill of costs upon entry of this Judgment. 9 10 11 Dated:_June 11, 2012_ 12 _______________________________ Honorable Manuel L. Real United States District Judge 13 14 Respectfully submitted, 15 DRINKER BIDDLE & REATH LLP 1800 Century Park East, Suite 1400 Los Angeles, California 90067-1517 17 Tel: (310) 203-4000 Fax: (310) 229-1285 16 18 19 20 21 22 23 24 By: /s/ George T. Caplan George T. Caplan Attorneys for Defendants NEXTERA ENERGY RESOURCES, LLC; WINDPOWER PARTNERS 1993, LLC (f/k/a WINDPOWER PARTNERS 1993, L.P.); CITY OF PALM SPRINGS; CITY COUNCIL OF THE CITY OF PALM SPRINGS; and DAVID H. READY 25 26 27 28 LA01/ 1127168.1 3 [PROPOSED] JUDGMENT

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