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Cruz v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 16, 2005

SENORINO R. CRUZ. ET AL., PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Charles R. Breyer United States District Judge

ORDER VACATING JUDGMENT

Now before the Court is plaintiff's Rule 59(e) motion to alter judgment. Pursuant to this Court's Amended Memorandum and Order Re: Mexican Defendants Motion to Dismiss, filed June 15, 2005, the judgment entered in this case on March 30, 2005 is hereby VACATED.

In addition to the reasons stated for altering judgment in the concurrently-filed Memorandum and Order, the Court further hereby clarifies the status of claims against the United States. Those claims, which are contained in the Third Amended Complaint, have not yet been subject to a motion to dismiss and therefore entry of judgment in favor of the United States was error.

All parties are further ORDERED to appear for a telephonic case management conference on Friday, June 24, 2005 at 10:00 a.m. to set a schedule for future motions to dismiss.

IT IS SO ORDERED.

20050616

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