Rocky Mountain Farmers Union et al v. Corey, et al

Filing 397

ORDER on Unopposed Rule 41(a) #395 Motion to Dismiss Remaining Claims signed by Chief Judge Lawrence J. O'Neill on 8/14/2017. CASE CLOSED. (Sant Agata, S)

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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Post Office Box 28340
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]

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Timothy Jones #119841
John P. Kinsey #215916

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Attorneys for:

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All Plaintiffs in Case No.
1:09-cv-02234-LJO-BAM

KIRKLAND & ELLIS LLP
655 15th Street, N.W., Suite 1200
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]

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Stuart A. C. Drake, pro hac vice
John C. O’Quinn, pro hac vice

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Attorneys for: Plaintiff Growth Energy

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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ROCKY MOUNTAIN FARMERS UNION,
et al.,
Plaintiffs,

Consolidated With Case No.
1:10-cv-00163-LJO-BAM

v.
ORDER ON UNOPPOSED RULE 41(a)
RICHARD W. COREY, in his official
MOTION TO DISMISS REMAINING
capacity as Executive Officer of the
CLAIMS
CALIFORNIA AIR RESOURCES BOARD,
et al.,
Defendants
.

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LEAD CASE NO.
1:09-cv-02234-LJO-BAM

and Related Consolidated Action.

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{7011/005/00747362.DOC}
ORDER ON UNOPPOSED RULE 41(a) MOTION TO DISMISS REMAINING CLAIMS
(1:09-cv-02234-LJO-BAM)

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Upon consideration of the Unopposed Rule 41(a) Motion to Dismiss Remaining Claims,

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presented by Plaintiffs Rocky Mountain Farmers Union, Redwood County Minnesota Corn And

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Soybeans Growers, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers

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League, California Dairy Campaign, Rex Nederend, and Growth Energy in Case No. 1:09-cv-

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02234-LJO-BAM, as well as this Court’s June 16, 2017 Memorandum Decision, and the other

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proceedings in this case, it is hereby ORDERED:

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1.

Plaintiffs’ motion to dismiss the claims that remain pending in this Court, which

were not dismissed in this Court’s June 16, 2017 Memorandum Decision is granted.

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2.

The clerk will enter a final judgment.

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3.

The dismissal of the claims that remained pending is without prejudice to

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Plaintiffs’ appellate rights in the U.S. Court of Appeals for the Ninth Circuit and the Supreme

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Court, as to all other claims adjudicated in this proceeding.

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4.

Each party shall bear its own costs.

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IT IS SO ORDERED.
Dated:

August 14, 2017

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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________________________________________________________________________________________________
Unopposed Rule 41(a) Motion to Dismissal Remaining Claims

{7011/005/00747362.DOC}