Opinion
3:12-cv-00650-RCJ-WGC
11-26-2013
ORDER
This is a declaratory judgment action concerning rights of way over federal land pursuant to the Mining Act of July 26, 1866. Defendants moved to dismiss the Complaint, but Plaintiffs have filed an Amended Complaint ("AC"), which Defendants have answered. The Court therefore denies the Motion to Dismiss (ECF No. 7) as moot, (see Mins. 2 n.1, Aug. 7, 2013, ECF No. 19 ("[A r]esponse to [the] Motion to Dismiss deadline will become moot if the Government files an Answer to the anticipated Amended Complaint.")), and grants the Motion for Leave to File Excess Pages (ECF No. 11) as to a prospective motion against the AC.
CONCLUSION
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 7) is DENIED as moot.
IT IS FURTHER ORDERED that the Motion for Leave to File Excess Pages (ECF No. 11) is GRANTED.
IT IS SO ORDERED.
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ROBERT C. JONES
United States District Judge