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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1 2 3 4 5 6 7 8 9 10 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 11 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 13 14 15 CLIFFORD M. LEWIS, et al., 16 Plaintiffs, 17 vs. 18 19 KEN SALAZAR, et al., Defendants. 20 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 22 Date: Time: Courtroom: August 1, 2011 10:00 a.m. 3 23 Judge: Hon. Oliver W. Wanger 21 24 25 26 27 28 Case No. 1:10-CV-01281-OWW-DLB ORDER GRANTING TRIBAL DEFENDANTS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT 1 The motion to dismiss of Defendants Ray Barnes, Marian Burrough, Ivadelle Castro, 2 Lewis Barnes, William Walker, Aaron Jones, Carolyn Walker, Twila Burrough, and Lori Castro 3 (hereinafter collectively referenced as “Tribal Defendants”) came regularly for hearing on August 4 1, 2011, at 10 a.m., in Courtroom 3 before the Honorable Oliver W. Wanger. 5 6 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. 7 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 8 1. 9 10 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 11 12 2. 15 16 That Plaintiffs have repeatedly failed to allege a cognizable claim against Tribal Defendants and that further leave to amend would be futile; 13 14 That Tribal Defendants’ Motion To Dismiss Second Amended Complaint For Lack 3. That Plaintiffs’ Second Amended Complaint is DISMISSED WITH PREJUDICE; 4. The Clerk of this Court is directed grant judgment in favor of Tribal Defendants and and close this case. 17 18 DATED: ___August 31, 2011__ /s/ OLIVER W. WANGER The Honorable Oliver W. Wanger United States District Judge 19 20 21 27374821 22 23 24 25 26 27 28 -1Case No. 1:10-CV-01281-OWW-DLB ORDER GRANTING TRIBAL DEFENDANTS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT

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