Tri-Dam

Tri-Dam v. Frazier

Good Law
United States District Court, Eastern District of CaliforniaAugust 30, 20211:20-cv-00408California5,082 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRI-DAM, Case No. 1:20-cv-00408-SKO

Plaintiff, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS

v. (Doc. 23)

SCOTT FRAZIER,

13 Defendant. _____________________________________/

15 16 I. INTRODUCTION Plaintiff Tri-Dam (“Plaintiff”) filed this action against Defendant Scott Frazier (“Defendant”), alleging causes of action for violation of the Federal Power Act (“FPA”), 16 U.S.C. § 825p, public nuisance, private nuisance, trespass, and interference with express easement. (Doc. 1 (“Compl.”).) On May 21, 2021, Defendant filed a motion to dismiss the complaint for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) (“Rule 12(b)(1)”). (Doc. 23.) Plaintiff filed its opposition on June 9, 2021, and Defendant filed his reply on June 16, 2021. (Docs. 28 & 29.) After reviewing the parties’ papers, the matter was deemed suitable for decision without oral argument pursuant to Local Rule…

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