Anderson et al v. United States of America et al

Filing 20

ORDER GRANTING 19 STIPULATED MOTION RE FILING OF FIRST AMENDED COMPLAINT denying as moot 13 Motion to Dismiss for Lack of Jurisdiction; denying as moot 16 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Stanley A Bastian. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jun 26, 2018

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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10 CARL ANDERSON, an individual;

No. 1:18-cv-03011-SAB

11 MARSHALL ANDERSON, an
12 individual; ELMER C. ANDERSON,

ORDER GRANTING STIPULATED

13 INC., a Washington Corporation; JEFF

MOTION RE FILING OF FIRST

14 WIERSMA, an individual; and J2

AMENDED COMPLAINT

15 CATTLE CO., a Washington
16 Corporation,
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Plaintiffs,

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v.

19 UNITED STATES OF AMERICA;
20 UNITED STATES DEPARTMENT
21 OF DEFENSE; and UNITED
22 STATES ARMY,
Defendants.

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Before the Court is the parties’ Stipulated Motion Re: Filing of First

25 Amended Complaint, ECF No. 19. The parties stipulate and request the Court grant
26 Plaintiffs leave to file a First Amended Complaint. Pursuant to Fed. R. Civ. P.
27 15(a)(2), the Court finds good cause to grant the stipulated motion.
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ORDER GRANTING STIPULATED MOTION RE FILING OF FIRST
AMENDED COMPLAINT ^ 1

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Accordingly, IT IS ORDERED:

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1. The parties’ Stipulated Motion Re: Filing of First Amended Complaint,

3 ECF No. 19, is GRANTED. Plaintiffs are granted leave to file their First Amended
4 Complaint, ECF No. 19, Appendix A.
2. Defendants shall have 21 days after the filing of Plaintiffs’ First Amended

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6 Complaint to file any response thereto.
3. Defendants’ Motion for Rule 12 Dismissal of Plaintiffs’ Claims Against

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8 Defendants United States Department of Defense and United States Army, ECF
9 No. 13, is DENIED as moot.1
4. Defendants’ Rule 12(b)(1) Motion for Dismissal of Plaintiffs’ Inverse

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11 Condemnation & Strict Liability Claims for Lack of Jurisdiction, ECF No. 16, is
12 DENIED as moot.2
IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

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14 this Order and to provide copies to counsel, and docket Plaintiffs’ First Amended
15 Complaint, located at ECF No 19, Appendix A.
DATED this 26th day of June 2018.

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Stanley A. Bastian

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United States District Judge

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Plaintiffs’ First Amended Complaint removes the United State Department of
27 Defense and the United States Army as named-defendants in this action.
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Plaintiffs’ First Amended Complaint no longer presents an inverse condemnation
28 or strict liability claim.
ORDER GRANTING STIPULATED MOTION RE FILING OF FIRST
AMENDED COMPLAINT ^ 2