Humboldt County, et al v. Secretary of the United States Department of the Interior et al

Filing 34

ORDER denying as moot 7 Motion to Dismiss for Lack of Jurisdiction; granting 11 Motion for Leave to File Excess Pages. Signed by Chief Judge Robert C. Jones on 11/26/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HUMBOLDT COUNTY et al.,

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This is a declaratory judgment action concerning rights of way over federal land pursuant

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Plaintiffs,
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vs.
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UNITED STATES OF AMERICA et al.,
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Defendants.

3:12-cv-00650-RCJ-WGC
ORDER

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to the Mining Act of July 26, 1866. Defendants moved to dismiss the Complaint, but Plaintiffs

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have filed an Amended Complaint (“AC”), which Defendants have answered. The Court

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therefore denies the Motion to Dismiss (ECF No. 7) as moot, (see Mins. 2 n.1, Aug. 7, 2013,

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ECF No. 19 (“[A r]esponse to [the] Motion to Dismiss deadline will become moot if the

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Government files an Answer to the anticipated Amended Complaint.”)), and grants the Motion

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for Leave to File Excess Pages (ECF No. 11) as to a prospective motion against the AC.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 7) is DENIED as moot.

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IT IS FURTHER ORDERED that the Motion for Leave to File Excess Pages (ECF No.

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11) is GRANTED.
IT IS SO ORDERED.
Dated this 26th day of November, 2013.
Dated this 18th day of November, 2013.

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_____________________________________
ROBERT C. JONES
United States District Judge

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