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07-122 - The Nature Conservancy v. Browder et al


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07-122 - The Nature Conservancy v. Browder et al
February 5, 2008
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MEMORANDUM OPINION AND ORDER: It is ORDERED that the Defendants Motion to Dismiss, [Doc. 32], is DENIED in part and GRANTED in part. Because the amount in controversy is met, the Defendants motion to dismiss on jurisdictional grounds is DENIED. Furthermore, this Court FINDS that the Plaintiff has standing to sue. Defendants Motion to Dismiss the TCPA and negligence per se claims is GRANTED. It is also hereby ORDERED that the Plaintiff pay the Defendants reasonable attorneys fees and costs as to the TCPA cause only, the amount of which to be determined at a later date. See Memorandum Opinion and Order for details. Signed by District Judge J Ronnie Greer on 2/5/2008. (RLC, )
February 12, 2008
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MEMORANDUM OPINION AND ORDER: For the reasons in this memorandum, this Court FINDS that complete relief cannot be granted in the Registers absence. Thus, it is hereby ORDERED that TNC has up to and including February 25, 2008, to either amend its complaint removing the specific prayers for relief relating to the Register or join the Register as a defendant. This Court also FINDS that the Shady Valley landowners, the state, and the county are not necessary parties and shall not be joined in this action. It is further ORDERED that the defendants shall have up to and including March 3, 2008, to answer the complaint.( Scheduling Conference set for 3/12/2008 at 01:30 PM in Courtroom 400.) Signed by District Judge J Ronnie Greer on 2/12/2008. (RLC, )