Bernhardt

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

5 NATURAL RESOURCES DEFENSE Case No. 1:05-cv-01207 LJO-EPG COUNCIL, et al.,

ORDER GRANTING MOTION TO

7 Plaintiffs, STAY SIXTH CLAIM FOR RELIEF;

AND DENYING WITHOUT

vs. PREJUDICE MOTIONS TO DISMISS

SIXTH CLAIM.

DAVID BERNHARDT, Acting Secretary, U.S. Department of the Interior, et al.,

ECF NOS. 1323-24, 1381-82 Defendants.

SAN LUIS & DELTA MENDOTA WATER

AUTHORITY, et al.,

Defendant-Intervenors.

ANDERSON-COTTONWOOD IRRIGATION

DISTRICT, et al.,

Joined Parties.

I. INTRODUCTION

Before the Court for decision in this long-standing, highly complex Endangered Species Act

(“ESA”) case are the following motions: two defense motions to dismiss the remaining aspects of the

only remaining claim (the sixth claim for relief) in this case on mootness grounds; Plaintiffs’ motion to

stay the sixth claim in light of newly-filed, related litigation; Federal Defendants’ related motion to

dismiss the seventh claim for…