Opinion
Case No. 3:73-cv-00003-LDG.
February 14, 2011
ORDER
The Court has before it the Joint Motion filed by the United States, the Truckee-Carson Irrigation District, Churchill County, and the City of Fallon for Clarification of the Order of April 2, 2009 (Dkt. No. 954) in Case No. 3:73-cv-00003-LDG, which struck the complaint filed in that matter on March 4, 2009 by Plaintiffs Truckee-Carson Irrigation District, Churchill County, and City of Fallon, and directed Plaintiffs to refile their complaint as a new action. In response to the April 2, 2009 order, Plaintiffs refiled the complaint that same day without the Orr Ditch caption and case number. The refiled complaint was docketed as Churchill County, et al. v. U.S. Department of the Interior, et al., No. 3:09-cv-170-LDG (D. Nev.), which remains pending in this Court.
Good cause appearing, it is hereby ordered that:
The Court clarifies that the Order of April 2, 2009 in Case No. 3:73-cv-00003-LDG did not dismiss Plaintiffs' action but rather allowed Plaintiffs to file an amended complaint as a new action that relates back to the filing date of the original complaint. Accordingly, the complaint filed in No. 3:09-cv-170-LDG (D. Nev.) is deemed to have been filed on March 4, 2009. The clerk is directed to file a copy of this Order in Case No. 3:09-cv-170-LDG (D. Nev.).
IT IS SO ORDERED.
Dated: 14 FEB, 2011