Summary
dismissing declaratory relief counterclaims because "[t]he fact that, theoretically speaking, [plaintiff] may in the future obtain a reversal of the dismissal on appeal simply does not create a "present live controversy"
Summary of this case from Digital Envoy, Inc. v. Google, Inc.Opinion
Case No. C-04-3332 SBA.
October 28, 2005
CARY M. ADAMS, SBN 103359, GEOFFREY A. GOODMAN, SBN 073355, RANDALL J. HAKES, SBN 233548, MURPHY AUSTIN ADAMS SCHOENFELD LLP, Sacramento, California, Attorneys for Defendants and Counterclaimants THE COUNTY OF MARIN AND THE COUNTY OF TUOLUMNE.
ORDER OF ENTRY OF FINAL JUDGMENT
Plaintiff filed a complaint against defendants in or about August of 2004. Defendants answered the complaint, filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure and asserted nine counterclaims of their own. On March 7, 2005, the Court granted the defendants' motion to dismiss and ordered the complaint dismissed for lack of standing. On October 18, 2005, the Court denied defendants' motion for partial summary judgment and ordered defendant/counterclaimants' first, fourth and fifth counterclaims be dismissed as moot under its March 7, 2005 order. On October 24, 2005, the counterclaimants and counterdefendants stipulated to a voluntary dismissal of the remaining counterclaims (the second, third, sixth, seventh, eighth and ninth counterclaims) and agreed that the dismissal of all counterclaims are without prejudice. Accordingly, all of the claims asserted by the parties have been decided by this Court or voluntarily dismissed. There remains no further claims for this court to decide.
THEREFORE, THIS COURT HEREBY ORDERS this matter finally adjudicated and that an entry of final judgment be entered on the docket reflecting as much.