PACIFIC FRONTIER, INC., et al., Plaintiffs, v. CITY OF ST. GEORGE, et al., Defendants.

Case No: 2:04CV00780.United States District Court, D. Utah, Central Division.
March 14, 2005

PETER STIRBA, GARY R. GUELKER, STIRBA ASSOCIATES, Salt Lake City, UT, Attorneys for Defendants.

Craig Taylor, Attorney for Plaintiffs.

ORDER GRANTING DEFENDANTS’ 12(b)(1) MOTION TO DISMISS
DEE BENSON, Chief Judge, District

This matter came on for hearing on February 23, 2005 pursuant to Defendants’ Motions to Dismiss. Craig Taylor, Esq, appeared on behalf of Plaintiff and Peter Stirba, Esq., appeared on behalf of the Defendants.

The Court, having reviewed the parties submitted motions and memoranda, and heard argument of counsel, and good cause appearing therefore, hereby ORDERS as follows:

1. Defendants’ Rule 12(b)(1) Motion to Dismiss is herebyGRANTED

2. Defendants’ Rule 12(b)(6) Motion to Dismiss is herebyDENIED without prejudice;

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3. It is further ORDERED that Plaintiff’s shall have through and until March 18, 2005 in which they may file an Amended Complaint, otherwise Plaintiff’s Complaint will be dismissed.