Hardesty

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Joseph Hardesty, et al., No. 2:10-cv-02414-KJM-KJN Plaintiffs, ORDER V. Sacramento Metropolitan Air Quality Management District, et al., Defendants. 17 The individual defendants request the court dismiss them now that the Ninth Circuit Court of Appeals has held they are immune from suit. The court grants the request. The plaintiffs and remaining defendant Sacramento County disagree over the scope of remand following the balance of the Ninth Circuit’s decision in this case. The court finds the Ninth Circuit narrowly remanded this case for further proceedings only to determine the amount 23 of damages that should be awarded. Additionally, plaintiffs’ Motion for Attorney’s Fees that was filed before the appeal to the Ninth Circuit remains pending. For the reasons discussed below, the court grants plaintiffs’ request for leave to withdraw their motion without…