Deschutes River Alliance v. Portland General Electric Company
Filing
149
ORDER - Based on the Ninth Circuit's Opinion, the Opinion and Order and the Judgment of this Court, both dated August 3, 2018, (ECF 130 and 131 ) are VACATED. This case is dismissed for failure to join an indispensable party under Rule 19 of the Federal Rules of Civil Procedure. Defendants' motion (ECF 147 ) is DENIED as moot. Signed on 1/25/2022 by Judge Michael H. Simon. (mja)
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Case 3:16-cv-01644-SI
Document 149
Filed 01/25/22
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DESCHUTES RIVER ALLIANCE,
Plaintiff,
Case No. 3:16-cv-1644-SI
ORDER
v.
PORTLAND GENERAL ELECTRIC
COMPANY and CONFEDERATED
TRIBES OF THE WARM SPRINGS
RESERVATION OF OREGON,
Defendants.
The United States Court of Appeals for the Ninth Circuit issued an Opinion on June 24,
2021 (ECF 145) in the appeal of this case. The Ninth Circuit directed this Court to vacate its
Opinion and Order and Judgment in this case, and dismiss the case for failure to join an
indispensable party under Rule 19 of the Federal Rules of Civil Procedure. The Opinion was
effective July 15, 2021, when the Ninth Circuit issued its mandate (ECF 148). The mandate,
however, was inadvertently not filed in this Court’s docket. On January 19, 2022, Defendants
filed an unopposed motion to dismiss and vacate, requesting that the Court vacate its earlier
Opinion and Order and Judgment and dismiss this case as directed by the Ninth Circuit
PAGE 1 – JUDGMENT
Case 3:16-cv-01644-SI
Document 149
Filed 01/25/22
Page 2 of 2
(ECF 147). The Court then reviewed the docket of the Ninth Circuit, discovered that the Ninth
Circuit had issued its mandate, and had the mandate filed in this case.
Accordingly, based on the Ninth Circuit’s Opinion, the Opinion and Order and the
Judgment of this Court, both dated August 3, 2018, (ECF 130 and 131) are VACATED. This
case is dismissed for failure to join an indispensable party under Rule 19 of the Federal Rules of
Civil Procedure. Defendants’ motion (ECF 147) is DENIED as moot.
IT IS SO ORDERED.
DATED this 25th day of January, 2022.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge
PAGE 2 – JUDGMENT
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