Rocky Mountain Farmers Union et al v. Goldstene

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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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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., ) ) 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 1 ORDER ON AFPM PLAINTIFFS’ RULE 41(a) MOTION TO DISMISS REMAINING CLAIM LEAD CASE NO. 1:09-cv-02234-LJO-BAM 1 Upon consideration of the Unopposed Rule 41(a) Motion to Dismiss Remaining Claims, 2 presented by Plaintiffs in consolidated case No. 1:10-CV-00163-LJO-BAM (the “AFPM 3 Plaintiffs”), as well as this Court’s June 16, 2017 Memorandum Decision, and the other 4 proceedings in this case, it is hereby ORDERED: 5 6 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. 7 2. The clerk will enter a final judgment. 8 3. The dismissal of the claim that remained pending is without prejudice to Plaintiffs’ 9 10 11 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. 4. Each party shall bear its own costs. 12 IT IS SO ORDERED. 13 14 Dated: /s/ Lawrence J. O’Neill _____ August 14, 2017 UNITED STATES CHIEF DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 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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