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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1 2 3 WANGER JONES HELSLEY PC 265 E. River Park Circle, Suite 310 Post Office Box 28340 Fresno, California 93720 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 4 5 Timothy Jones #119841 John P. Kinsey #215916 6 Attorneys for: 7 8 9 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: (202) 879-5000 Facsimile: (202) 879-5200 10 11 Stuart A. C. Drake, pro hac vice John C. O’Quinn, pro hac vice 12 Attorneys for: Plaintiff Growth Energy 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE EASTERN DISTRICT OF CALIFORNIA 15 FRESNO DIVISION 16 17 18 19 20 21 22 23 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 . 24 25 LEAD CASE NO. 1:09-cv-02234-LJO-BAM and Related Consolidated Action. 26 27 28 {7011/005/00747362.DOC} ORDER ON UNOPPOSED RULE 41(a) MOTION TO DISMISS REMAINING CLAIMS (1:09-cv-02234-LJO-BAM) 1 Upon consideration of the Unopposed Rule 41(a) Motion to Dismiss Remaining Claims, 2 presented by Plaintiffs Rocky Mountain Farmers Union, Redwood County Minnesota Corn And 3 Soybeans Growers, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers 4 League, California Dairy Campaign, Rex Nederend, and Growth Energy in Case No. 1:09-cv- 5 02234-LJO-BAM, as well as this Court’s June 16, 2017 Memorandum Decision, and the other 6 proceedings in this case, it is hereby ORDERED: 7 8 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. 9 2. The clerk will enter a final judgment. 10 3. The dismissal of the claims that remained pending is without prejudice to 11 Plaintiffs’ appellate rights in the U.S. Court of Appeals for the Ninth Circuit and the Supreme 12 Court, as to all other claims adjudicated in this proceeding. 13 4. Each party shall bear its own costs. 14 15 16 IT IS SO ORDERED. Dated: August 14, 2017 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2 ________________________________________________________________________________________________ Unopposed Rule 41(a) Motion to Dismissal Remaining Claims {7011/005/00747362.DOC}

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