Free Proposed Order - District Court of California - California

Case 3:08-cv-02141-WHA

Document 12

Filed 06/23/2008

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Cameron S. Kirk, Esq. (SB# 108013) Karin P. Beam, Esq. (SB# 112331) SPAULDING McCULLOUGH & TANSIL LLP 90 South E Street, Suite 200 P.O. Box 1867 Santa Rosa, CA 95402 Telephone: (707) 524-1900 Facsimile: (707) 524-1906 [email protected]; [email protected] Attorneys for Defendant REDWOOD OIL COMPANY, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NORTHERN CALIFORNIA RIVER WATCH, a Case No.: 4:08-cv-02141-CW Non-Profit Corporation, Plaintiff, [PROPOSED] ORDER

13 vs. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Redwood Oil Company, Inc.'s Motion to Dismiss Plaintiff's Complaint came on regularly for hearing on August 28, 2008 before this Court. Having considered the papers submitted by the parties, and the arguments presented by counsel, and good cause appearing therefore, the Court orders as follows: 1. Plaintiff's Complaint is dismissed for lack of subject matter jurisdiction and for failure REDWOOD OIL COMPANY, INC. and DOES 1-10, inclusive, Defendants. Date: August 28, 2008 Time: 2:00 p.m. Courtroom: 2 Judge: Hon. Claudia Wilken

to state a claim upon which relief may be granted. (FRCP 12(b)(1) and 12(b)(6).) 2. The Consent Decree and Order filed in the United States District Court, Northern

District of California, Case No. 99-04610 WHA has the full force and effect of res judicata. Consequently, the pending litigation herein is dismissed on that basis, and plaintiff is enjoined from further proceedings in this litigation. DATED:
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[PROPOSED] ORDER

Honorable Claudia Wilken
4:08-cv-02141-CW