MUNNS v. CLINTON, 2:10-cv-00681-MCE-EFB. (2015)
Court: District Court, E.D. California
Number: infdco20151112d96
Visitors: 4
Filed: Nov. 09, 2015
Latest Update: Nov. 09, 2015
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . On March 27, 2012, this Court granted without leave to amend the Government Defendants' Motion to Dismiss. ECF No. 53. Plaintiffs thereafter voluntarily dismissed their claims against all remaining Defendants and perfected an appeal. ECF Nos. 54, 66, 69. In March of this year, the Ninth Circuit Court of Appeals issued its decision affirming this Court's "dismissal of the plaintiffs' equitable claims due to lack of standing and their fe
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . On March 27, 2012, this Court granted without leave to amend the Government Defendants' Motion to Dismiss. ECF No. 53. Plaintiffs thereafter voluntarily dismissed their claims against all remaining Defendants and perfected an appeal. ECF Nos. 54, 66, 69. In March of this year, the Ninth Circuit Court of Appeals issued its decision affirming this Court's "dismissal of the plaintiffs' equitable claims due to lack of standing and their fed..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
On March 27, 2012, this Court granted without leave to amend the Government Defendants' Motion to Dismiss. ECF No. 53. Plaintiffs thereafter voluntarily dismissed their claims against all remaining Defendants and perfected an appeal. ECF Nos. 54, 66, 69. In March of this year, the Ninth Circuit Court of Appeals issued its decision affirming this Court's "dismissal of the plaintiffs' equitable claims due to lack of standing and their federal benefits claims due to lack of jurisdiction." Munns v. Kerry, 782 F.3d 402, 415 (2015). The appellate court vacated and remanded, however, as to the "dismissal of the due process and takings claims for withheld backpay and insurance proceeds" and directed this Court "to sever [those] claims from the remainder of the case, and to transfer them to the Court of Federal Claims." Id.1
Accordingly, in keeping with the appellate court's directive, Plaintiffs' due process and takings claims are hereby SEVERED from the remainder of this case. The Clerk of the Court is directed to TRANSFER those claims to the United States Court of Federal Claims and to close this case.
IT IS SO ORDERED.
FootNotes
1. The formal mandate has since been issued. ECF No. 75.
Source: Leagle
