Cruz v. United States

Full title: SENORINO R. CRUZ. et al., Plaintiffs, v. UNITED STATES OF AMERICA, et al.…

Court: United States District Court, Ninth Circuit, California, N.D. California

Date published: Jun 16, 2005

C 01-0892 CRB, C 02-1942-CRB, C 02-1943-CRB, C 02-1944-CRB (N.D. Cal. Jun. 16, 2005)

Opinion

SENORINO R. CRUZ. et al., Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants. THIS DOCUMENT RELATES TO Nos. C 01-0892 CRB, C 02-1942-CRB, C 02-1943-CRB, C 02-1944-CRB United States District Court, N.D. California. June 16, 2005

          ORDER VACATING JUDGMENT

          CHARLES BREYER, District Judge.

         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.