Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. 05-1045 (RMC). Motions Motion for summary judgment : Denied Judges Rosemary M. Collyer See more information ... Smart Summary Please sign up to generate summary. CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. CARLOS GUTIERREZ, Secretary, Department of Commerce, et al., Defendants. ORDER ROSEMARY COLLYER, District Judge For the reasons stated in the Memorandum Opinion filed concurrently herewith, it is hereby ORDERED that Defendants' Motion to Dismiss [Dkt. #11] is GRANTED; and it is FURTHER ORDERED that Defendants' Motion for Summary Judgment [Dkt. #11] is GRANTED in part and DENIED without prejudice in part; and it is FURTHER ORDERED that Plaintiff's Motion for Summary Judgment [Dkt. #14] is DENIED without prejudice; and it is FURTHER ORDERED that Counts I, IV, and V of Plaintiff's First Amended Complaint are DISMISSED; and it is FURTHER ORDERED that the parties shall confer and jointly submit to the Court, no later than August 25, 2006, a proposed schedule to govern further proceedings in this matter. SO ORDERED.