DEFS.’ MOT. FOR ENTRY OF JUDGMENT 1

TODD KIM

Assistant Attorney General 

SEAN C. DUFFY (NY Bar No. 4103131) 

FRANK J. SINGER (CA Bar No. 227459) 

Trial Attorneys 

United States Department of Justice 

Environment & Natural Resources Division 

Natural Resources Section 

150 M Street NE 

Washington, DC 20002 

Telephone: (202) 305-0445 

Facsimile: (202) 305-0506 

sean.c.duffy@usdoj.gov

Attorneys for Defendants 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

KELSEY CASCADIA ROSE JULIANA, et al., 

 Plaintiffs, 

v. 

UNITED STATES OF AMERICA, et al., 

 Defendants. 

Case No. 6:15-cv-01517-AA 

DEFENDANTS’ MOTION FOR ENTRY 

OF JUDGMENT

Defendants hereby move for entry of judgment in favor of the United States and against 

Plaintiff Earth Guardians, pursuant to Federal Rules of Civil Procedure 54(b) and 58, and for the 

dismissal of Earth Guardians’ claims for lack of Article III standing.

1

 

The Ninth Circuit has reversed this Court’s orders on Defendants’ Motion to Dismiss the 

Complaint, Motion for Judgment on the Pleadings, and Motion for Summary Judgment, and 

 1 Pursuant to Local Rule 7.1, the Parties exchanged emails concerning this motion on September 

8-9. While Defendants offered to confer by telephone, Plaintiffs refused telephonic conferral 

unless the United States first provided a copy of the motion. The United States submits that the 

email exchanges, combined with the offer to confer by telephone, satisfy Local Rule 7.1.

Case 6:15-cv-01517-AA Document 516 Filed 09/09/21 Page 1 of 3
DEFS.’ MOT. FOR ENTRY OF JUDGMENT 2

remanded the case to this Court “with instructions to dismiss for lack of Article III standing.” 

Juliana v. United States, 947 F.3d 1159, 1170, 1175 (9th Cir. 2020). 

On March 9, 2021, Plaintiffs moved for leave to file a second amended complaint. Pls.’ 

Mot. to Amend, ECF No. 462. Plaintiffs contend that this Court may grant their motion—by 

which they purport to cure the jurisdictional defects identified by the Ninth Circuit—rather than 

dismissing the claims per the Ninth Circuit’s mandate. The United States has opposed Plaintiffs’ 

motion. Defs.’ Br. in Opp’n to Mot. for Leave to File a Second Am. Compl., ECF No. 468.

On July 16, 2021, Plaintiffs submitted a “revised” proposed Second Amended Complaint. 

Supp. to Pls.’ Mot. for Leave to File Second Am. Compl., ECF No. 514. In their submission, 

Plaintiffs seek to delete all references to plaintiff Earth Guardians because Earth Guardians has 

declined to join Plaintiffs’ Motion for Leave to File a Second Amended Complaint. Id. at 2.

Because the Ninth Circuit has ordered that the claims of all Plaintiffs be dismissed, and 

because Plaintiff Earth Guardians no longer seeks to join in Plaintiffs’ efforts to amend the 

Complaint, Defendants respectfully request that the Court enter judgment in favor of the United 

States and against Plaintiff Earth Guardians, and dismiss Earth Guardians’ claims for lack of 

Article III standing. 

Dated: September 9, 2021 TODD KIM

Assistant Attorney General

United States Department of Justice

/s/ Sean C. Duffy

SEAN C. DUFFY (NY Bar No. 4103131)

FRANK J. SINGER (CA Bar No. 227459)

Environment & Natural Resources Division

Natural Resources Section

150 M Street NE

Washington, DC 20002

Telephone: (202) 305-0445

Case 6:15-cv-01517-AA Document 516 Filed 09/09/21 Page 2 of 3
DEFS.’ MOT. FOR ENTRY OF JUDGMENT 3

Facsimile: (202) 305-0506

sean.c.duffy@usdoj.gov 

Attorneys for Defendants

Case 6:15-cv-01517-AA Document 516 Filed 09/09/21 Page 3 of 3