Stewards of the Mokelumne River v. CA Dept. of Transportation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEWARDS OF THE MOKELUMNE No. 2:20-cv-01542-TLN-AC RIVER, a California unincorporated nonprofit association, Plaintiff, ORDER v. CALIFORNIA DEPARTMENT OF TRANSPORTATION and TOKS OMISHAKIN, in his official capacity as Director of the California Department of Transportation, Defendants. 19 This matter is before the Court on Defendants California Department of Transportation (“Caltrans”) and Toks Omishakin’s (“Omishakin”) (collectively, “Defendants”) Motions to Dismiss. (ECF Nos. 5, 6.) Plaintiff Stewards of the Mokelumne River (“Plaintiff”) opposed Omishakin’s motion and filed a Statement of Non-Opposition to Caltrans’s motion. (ECF Nos. 7, 8.) For the reasons set forth below, the Court GRANTS Caltrans’s motion (ECF No. 5), and GRANTS in part and DENIES in part Omishakin’s motion (ECF No. 6). /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff brings this action against Defendants for alleged violations of the…