Lewis et al v. Salazar et al

Filing 67

ORDER GRANTING 50 Tribal Defendants' Motion to Dismiss Second Amended Complaint for Lack of Subject Matter Jurisdiction, or in the Alternative, For Failure to State a Claim Upon Which Relief Can Be Granted, signed by Senior Judge Oliver W. Wanger on 8/31/2011. (Jessen, A)

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PAULA M. YOST (State Bar No. 156843)
[e-mail]
IAN R. BARKER (State Bar No. 240223)
[e-mail]
SNR DENTON US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: [phone]
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
[phone]

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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
SECOND AMENDED COMPLAINT
FOR LACK OF SUBJECT MATTER
JURISDICTION, OR IN THE
ALTERNATIVE, FOR FAILURE TO
STATE A CLAIM UPON WHICH
RELIEF CAN BE GRANTED

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Date:
Time:
Courtroom:

August 1, 2011
10:00 a.m.
3

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Judge:

Hon. Oliver W. Wanger

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Case No. 1:10-CV-01281-OWW-DLB

ORDER GRANTING TRIBAL
DEFENDANTS’ MOTION TO DISMISS
SECOND AMENDED COMPLAINT

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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 August

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1, 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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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
[phone]

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2.

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That Plaintiffs have repeatedly failed to allege a cognizable claim against Tribal

Defendants and that further leave to amend would be futile;

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That Tribal Defendants’ Motion To Dismiss Second Amended Complaint For Lack

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That Plaintiffs’ Second Amended Complaint is DISMISSED WITH PREJUDICE;

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The Clerk of this Court is directed grant judgment in favor of Tribal Defendants

and

and close this case.

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DATED: ___August 31, 2011__

/s/ OLIVER W. WANGER
The Honorable Oliver W. Wanger
United States District Judge

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27374821

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-1Case No. 1:10-CV-01281-OWW-DLB

ORDER GRANTING TRIBAL
DEFENDANTS’ MOTION TO DISMISS
SECOND AMENDED COMPLAINT