Anselmo et al v. Mull et al

Filing 95

ORDER signed by Judge William B. Shubb on 10/24/2012 GRANTING 81 Shasta County's motion to modify the order dismissing claims be, and the same hereby is, GRANTED and the hearing on 11/5/2012 is VACATED. (Reader, L)

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RUBIN E. CRUSE, JR., Bar No. 162833
County Counsel
County of Shasta
1450 Court Street, Room 332
Redding, California 96001-1675
Telephone: [phone]
Facsimile: [phone]
JEFFREY V. DUNN, Bar No. 131926
[e-mail]
CHRISTOPHER M. PISANO, Bar No. 192831
[e-mail]
BEST BEST & KRIEGER LLP
5 Park Plaza, Suite 1500
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
RUSS MULL, LESLIE MORGAN as Shasta
County Assessor-Recorder, COUNTY OF
SHASTA, BOARD OF SUPERVISORS OF
THE COUNTY OF SHASTA and GLEN
HAWES, and Cross-Claimants COUNTY OF
SHASTA and COUNTY OF SHASTA for the
People of the State of California

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REVERGE ANSELMO and SEVEN
HILLS LAND AND CATTLE
COMPANY, LLC,
Plaintiffs,

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

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Defendants.

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Case No. 2:12-cv-01422-WBS-EFB
Related to Case No. 2:12-CV-00361
Judge: Honorable William B. Shubb
ORDER GRANTING MOTION TO
MODIFY ORDER DISMISSING
CLAIMS AGAINST THE UNITED
STATES AND UNITED STATES
ARMY CORPS OF ENGINEERS
EMPLOYEES NANCY HALEY,
MATTHEW RABBE, AND
MATTHEW KELLEY
[Filed concurrently with Notice of
Motion and Motion to Amend; and
Declaration of Christopher Pisano]
Date:
November 5, 2012
Time:
2:00 p.m.
Courtroom: 5

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55398.00001\7611832.1

[PROPOSED] ORDER GRANTING MOTION
TO MODIFY ORDER OF DISMISSAL
2:12-CV-01422-WBS-EFB

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

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Cross-Claimants,
v.
REVERGE ANSELMO; SEVEN
HILLS LAND AND CATTLE
COMPANY LLC; NANCY HALEY,
MATTHEW RABE, MATTHEW
KELLEY, ANDREW JENSEN; and
ROES 1 THRU 50,
Cross-Defendants.

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The Court having reviewed having read and considered the papers submitted

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by the parties, and finding good cause therefore, Orders that its September 21, 2012

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Order of Dismissal will be changed to read as follows:

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On August 6, 2012, the Court granted the United States’ motion to dismiss

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the claims asserted by Shasta County in its First Amended Cross-Complaint against

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the United States, with the United States having substituted itself as the third party

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defendant for the named Army Corps of Engineers employees Nancy Haley,

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Matthew Rabbe and Matthew Kelley (“Army Corps Employees”) pursuant to 28

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U.S.C. Section 2679(d)(2). (See Docket No. 4 and Docket No. 33 at 4.) The Court

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granted the United States’ motion pursuant to Fed. R. Civ. P. 12(b)(6), but gave

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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.)

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Shasta County did not filed an amended complaint as to third party defendant

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United States within twenty days of the Court’s August 6, 2012 Order.

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Accordingly, the Court dismisses Shasta County’s claims against the United States,

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with prejudice. This Order of Dismissal is as to the United States only, and is not

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as to the Army Corps Employees.

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IT IS THEREFORE ORDERED that Shasta County’s motion to modify the

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order dismissing claims (Docket No. 81) be, and the same hereby is, GRANTED

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and the hearing on November 5, 2012 is vacated.

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DATED: October 24, 2012