Anselmo et al v. Mull et al

Filing 58

ORDER signed by Judge William B. Shubb on 9/21/2012 ORDERING 57 the Court DISMISSES Shasta County's claims against the United States, Matthew Rabbe, Nancy Haley and Matthew Kelley with prejudice. (Reader, L)

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BENJAMIN B. WAGNER
United States Attorney
EDWARD A. OLSEN, CSBN 214150
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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REVERGE ANSELMO and SEVEN HILLS
LAND AND CATTLE COMPANY, LLC,

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Plaintiffs,

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v.

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RUSS MULL, LESLIE MORGAN, as Shasta
County Assessor-Recorder, COUNTY OF
SHASTA, BOARD OF SUPERVISORS OF
THE COUNTY OF SHASTA, LES BAUGH
and GLEN HAWES,

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CASE NO. 2:12-cv-01422-WBS-EFB
ORDER DISMISSING CROSSCOMPLAINANT SHASTA COUNTY’S
CLAIMS AGAINST THE UNITED
STATES AND UNITED STATES ARMY
CORPS OF ENGINEERS EMPLOYEES
NANCY HALEY, MATTHEW RABBE,
AND MATTHEW KELLEY

Defendants.

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COUNTY OF SHASTA, and COUNTY OF
SHASTA, for the People of the State of
California,

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v.

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REVERGE ANSELMO; SEVEN HILLS
LAND AND CATTLE COMPANY LLC;
NANCY HALEY, MATTHEW RABE,
MATTHEW KELLEY, ANDREW JENSEN;
and ROES 1 THRU 50,

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Cross-Complainant,

Cross-Defendants.

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On August 6, 2012, the Court granted the United States’ motion to dismiss the claims asserted
by Shasta County in its First Amended Cross-Complaint against United States Army Corps of

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Engineers employees Nancy Haley, Matthew Rabbe and Matthew Kelley1 pursuant to Fed. R. Civ. P.

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12(b)(6), but gave Shasta County twenty days from the date of the Court’s Order to file an amended

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complaint, if it could do so consistent with the Court’s Order. See Docket No. 33. Shasta County has

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not filed an amended complaint within twenty days of the Court’s August 6, 2012 Order. Accordingly,

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the Court dismisses Shasta County’s claims against the United States, Nancy Haley, Matthew Rabbe,

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and Matthew Kelley with prejudice.

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Dated: September 21, 2012

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The United States was substituted in place of the three Army Corps of Engineers employees on
May 25, 2012. See Docket No. 4 and Docket No. 33 at 4.
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