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

Filing 399

ORDER on AFPM Plaintiff's Rule 41(a) #396 Motion to Dismiss Remaining Claim signed by Chief Judge Lawrence J. O'Neill on 8/14/2017. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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ROCKY MOUNTAIN FARMERS UNION, et )
al.,
)
)
Plaintiffs,
)
)
vs.
)
)
RICHARD W. COREY, in his official capacity )
as Executive Director of the CALIFORNIA
)
AIR RESOURCES BOARD, et al.,
)
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Defendants.
)
)
)
)
)
)
)
AMERICAN FUELS AND
)
PETROCHEMICAL MANUFACTURERS
)
ASSOCIATION f/k/a NATIONAL
)
PETROCHEMICAL & REFINERS
)
ASSOCIATION, et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
RICHARD W. COREY, in his official capacity )
as Executive Director of the CALIFORNIA
)
AIR RESOURCES BOARD, et al.,
)
)
Defendants.
)

Lead Case No. 1:09-CV-02234-LJO-BAM
Consolidated with Case No. 1:10-CV00163-LJO-BAM
ORDER ON AFPM PLAINTIFFS’
RULE 41(A) MOTION TO DISMISS
REMAINING CLAIM
Hon. Lawrence J. O’Neill
U.S. District Judge

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ORDER ON AFPM PLAINTIFFS’ RULE 41(a) MOTION TO DISMISS REMAINING CLAIM LEAD CASE NO.
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 in consolidated case No. 1:10-CV-00163-LJO-BAM (the “AFPM

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Plaintiffs”), 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 claim that remains pending in this Court, which was

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 claim that remained pending is without prejudice to Plaintiffs’

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appellate rights in the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court, as to
all other claims adjudicated in this proceeding.
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Each party shall bear its own costs.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

August 14, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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ORDER ON AFPM PLAINTIFFS’ RULE 41(a) MOTION TO DISMISS REMAINING CLAIM LEAD CASE NO.
1:09-cv-02234-LJO-BAM