CENTER FOR BIOLOGICAL DIVERSITY v. GUTIERREZ

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.