San Luis & Delta-Mendota Water Authority et al v. Salazar et al

Filing 683

ORDER Denying Without Prejudice Plaintiff Family Farm Alliance's 614 Motion for Temporary Restraining Order signed by Judge Oliver W. Wanger on 4/30/2010. (Gaumnitz, R)

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Submitted by: IGNACIA S. MORENO, Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Section Chief ETHAN CARSON EDDY, Trial Attorney (Cal. Bar No. 237214) Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] / Facsimile: [phone] Attorneys for Federal Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ) ) ) ) ) ) ) ) Case No. 09-cv-407 OWW DLB Order Denying Without Prejudice Plaintiff Family Farm Alliance's Motion for Temporary Restraining Order

THE DELTA SMELT CONSOLIDATED CASES

Before the Court is the Plaintiff Family Farm Alliance's (the "Alliance") Motion for a Temporary Restraining Order (Docket No. 614). The Court has considered the motion and memorandum in support thereof, the Federal Defendants' and Defendant-Intervenors' briefs in opposition thereto, and the arguments of the parties at the March 16, 2010 hearing. The Court finds that the Motion is untimely under Local Rule 65-231(b) and that the Alliance has not met its burden to demonstrate that it is likely to succeed on the merits due to changed operational conditions.

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DEAC_Signature-END:

The Court therefore ORDERS that the motion be DENIED WITHOUT PREJUDICE. If the Alliance seeks to pursue preliminary injunctive relief, it must do so by way of a noticed motion pursuant to, and subject to the timetables set forth in, the Federal Rules of Civil Procedure and the Local Rules of this Court, unless the appropriate evidentiary showing can be made to justify a departure from those rules.

IT IS SO ORDERED. Dated:

April 30, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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