David Laughing Horse Robinson et al v. U.S. Department of Interior et al

Filing 209

ORDER re clarification of the Court's Order to Dismiss, document 205 , signed by Magistrate Judge Barbara A. McAuliffe on 2/10/2012. (Rooney, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID LAUGHING HORSE
ROBINSON, ET AL.

CASE NO. 09-cv-01977-BAM

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ORDER RE CLARIFICATION OF
COURT’S ORDER TO DISMISS (Doc. 205)

Plaintiffs,
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vs.
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KEN SALAZAR, ET AL.,

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Defendants.
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On February 7, 2012, plaintiffs filed an ex parte request for clarification of this Court’s Order

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on Defendants’ Motions to Dismiss. (Doc. 205). In the Court’s Order, the Court dismissed plaintiffs’

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California Environmental Quality Act (“CEQA”) claim, among other claims. Plaintiffs seek clarification

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of whether the CEQA claim was dismissed without prejudice or with prejudice to filing the claim in state

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court.

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As to the CEQA claim, the Court’s Order stated:

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“The Court GRANTS the motions to dismiss without leave to amend as
to the Fourth Claim for Relief for Violation of the California
Environmental Quality Act (CEQA) and Govt. Code 65352.3 against
Kern, TRC and TMV.”

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The Court clarifies its Order as follows. The Court dismissed without leave to amend these claims in

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the current action before this Court. The Court dismissed on jurisdictional grounds. The Court did not

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reach the merits of the claims and did not dismiss these claims with prejudice to refiling in an

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appropriate forum, where it would be subject to any of defendants’ defenses.

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IT IS SO ORDERED.
Dated:
10c20k

February 10, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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