Caballero

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHINGLE SPRINGS BAND OF MIWOK No. 2:08-cv-03133-KJM-AC

INDIANS,

ORDER Plaintiff, 13 v.

CESAR CABALLERO,

15 Defendant. 16 17 Defendant Cesar Caballero moves to amend1 the court’s July 8, 2019 order dismissing his counterclaims. Plaintiff opposes, ECF No. 349, and defendant has replied, ECF No. 353. For the reasons below, the court DENIES the motion. I. BACKGROUND On February 17, 2009, defendant filed his answer to plaintiff’s original complaint, alleging counterclaims against plaintiff Tribe related to the governing council’s allegedly false claims that they are “Shingle Springs Miwok” Indians. See Answer, ECF No. 11, at 7–28. Plaintiff moved to dismiss the claims, ECF No. 16, and the court granted the motion to dismiss on 26 27 1 Defendant’s motion is styled “Motion for New Trial and Motion to Alter and Amend the July 8, 2019 Judgment of Dismissal.” ECF No. 345. Because this case has never gone to trial, the court interprets this as a motion to…