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Clifford M. Lewis, et al v. Ken Salazar

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


May 2, 2011

CLIFFORD M. LEWIS, ET AL.,
PLAINTIFFS,
v.
KEN SALAZAR, SECRETARY OF THE INTERIOR FOR THE UNITED STATES OF AMERICA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Oliver W. Wanger

ORDER GRANTING DEFENDANT KEN SALAZAR'S MOTION TO DISMISS [Fed. R. Civ. P. 12(b)(1) and (b)(6)]

Date: April 4, 2011 Time: 10:00 a.m. Place: Courtroom 3, 7 th Floor

This matter came before the Court on April 4, 2011, on the Secretary of the Department of the Interior's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Having read and considered the papers filed in connection with this matter and having heard oral argument, the Court hereby grants the motion to dismiss and dismisses both claims in the First Amended Complaint without prejudice for the reasons set forth in the Court's Memorandum Decision filed on April 20, 2011.

IT IS HEREBY ORDERED:

(1) Plaintiffs' first cause of action is dismissed without prejudice;

(2) Plaintiffs' second cause of action is dismissed without prejudice;

(3) Plaintiffs shall file a Second Amended Complaint no later than May 5, 2011;

(4) Defendant shall file a responsive pleading within twenty days of service of the Second Amended Complaint.

OLIVER W, WANGER United States District Judge

20110502

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