BP America Inc. et al v. Yerington Paiute Tribe et al

Filing 71

ORDER that ECF Nos. 26 , 27 , and 28 Defendants' Motions to Dismiss are DENIED. Signed by Judge Larry R. Hicks on 4/16/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BP AMERICA INC., and ATLANTIC
RICHFIELD COMPANY,
Plaintiffs,

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Case No. 3:17-cv-0588-LRH-(WGC)

v.

ORDER

YERINGTON PAIUTE TRIBE; LAURIE A.
THOM in her official capacity as Chairman
of the Yerington Paiute Tribe; YERINGTON
PAIUTE TRIBAL COURT; and SANDRAMAE PICKENS in her official capacity as
Judge of the Yerington Paiute Tribal Court,
Defendants.

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Before the court are defendant Sandra-Mae Pickens’ motion to dismiss (ECF No. 26),

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defendants Yerington Paiute Tribe and Laurie A. Thom’s motion to dismiss (ECF No. 27), and

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defendant Yerington Paiute Tribal Court’s motion to dismiss (ECF No. 28) plaintiffs BP

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America Inc. and Atlantic Richfield Company’s complaint (ECF No. 1).

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However, after the filing of defendants’ motions, plaintiff filed an amended complaint

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with leave of court. See ECF No. 38. The filing of the amended complaint supersedes the

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original complaint in its entirety. Further, the court notes and recognizes that defendants have

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already filed new motions to dismiss the amended complaint which the court shall address in a

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separate order. See ECF Nos. 41, 51, 53. Accordingly, defendants’ present motions to dismiss

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the complaint are now moot and the court shall deny defendants’ motions.

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IT IS THEREFORE ORDERED that defendants’ motions to dismiss (ECF
Nos. 26, 27, 28) are DENIED.

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IT IS SO ORDERED.

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DATED this 16th day of April, 2018.

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_
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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