Lewis et al v. Salazar et al
Filing
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ORDER GRANTING tribal defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction, or in the Alternative, for Failure to State a Claim..., document 23 , and FURTHER ORDERING that plaintiffs' first amended complaint is DISMISSED, without prejudice, and DIRECTING plaintiffs to file their amended complaint within 15 days of electronic service of the Court's Memorandum Decision, document 38 ; responsive pleading due within 20 days of service of any amended complaint; order signed by Judge Oliver W. Wanger on 5/2/2011. (Rooney, M)
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PAULA M. YOST (State Bar No. 156843)
paula.yost@snrdenton.com
IAN R. BARKER (State Bar No. 240223)
ian.barker@snrdenton.com
SNR DENTON US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: (415) 882-5000
Facsimile: (415) 882-0300
Attorneys for Defendants
RAY BARNES, MARIAN BURROUGH
(erroneously sued as “MARIAN BURROUGHS”),
IVADELLE CASTRO (erroneously sued as
“IVDELLE CASTRO”), LEWIS BARNES,
WILLIAM WALKER, AARON JONES,
CAROLYN WALKER, and TWILA BURROUGH
(erroneously sued as “TWILA BURROUGHS”),
and LORI CASTRO (erroneously sued as “Lorie
Jones Castro”)
SNR DENTON US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
(415) 882-5000
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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CLIFFORD M. LEWIS, et al.,
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Plaintiffs,
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vs.
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KEN SALAZAR, et al.,
Defendants.
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CASE NO. 1:10-CV-01281-OWW-DLB
ORDER GRANTING TRIBAL
DEFENDANTS’ MOTION TO DISMISS
FOR LACK OF SUBJECT MATTER
JURISDICTION, OR IN THE
ALTERNATIVE, FOR FAILURE TO
STATE A CLAIM UPON WHICH
RELIEF CAN BE GRANTED
Date:
Time:
Courtroom:
Judge:
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April 4, 2011
10:00 a.m.
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Hon. Oliver W. Wanger
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Case No. 1:10-CV-01281-OWW-DLB
PDF created with pdfFactory trial version www.pdffactory.com
[PROPOSED] ORDER GRANTING TRIBAL
DEFENDANTS’ MOTION TO DISMISS
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The motion to dismiss of Defendants Ray Barnes, Marian Burrough, Ivadelle Castro,
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Lewis Barnes, William Walker, Aaron Jones, Carolyn Walker, Twila Burrough, and Lori Castro
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(hereinafter collectively referenced as “Tribal Defendants”) came regularly for hearing on April 4,
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2011, at 10 a.m., in Courtroom 3 before the Honorable Oliver W. Wanger.
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After reviewing all the papers filed in this matter and entertaining oral argument, the Court
ruled there is good cause to GRANT Tribal Defendants’ motion.
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
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1.
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That Tribal Defendants’ Motion To Dismiss For Lack Of Subject Matter
Jurisdiction, Or In The Alternative, For Failure To State A Claim Upon Which Relief Can Be
Granted is GRANTED;
SNR DENTON US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
(415) 882-5000
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2.
That Plaintiffs’ First Amended Complaint is DISMISSED, without prejudice;
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3.
That Plaintiffs shall file an amended complaint within fifteen days of electronic
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service of the Court’s Memorandum Decision Regarding Defendants’ Motions To Dismiss (Doc.
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38); and
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That Defendants shall file a responsive pleading within twenty days of service of
any amended complaint.
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IT IS SO ORDERED.
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DATED: May 2, 2011
/s/ OLIVER W. WANGER
United States District Judge
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-1Case No. 1:10-CV-01281-OWW-DLB
PDF created with pdfFactory trial version www.pdffactory.com
ORDER GRANTING TRIBAL
DEFENDANTS’ MOTION TO DISMISS
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