Coalition for a Sustainable Delta et al v. United States Fish and Wildlife Service et al

Filing 104

ORDER to SHOW CAUSE RE Dismissal for Lack of Prosecution signed by District Judge Lawrence J. O'Neill on 10/17/2011. Show Cause Response due by 11/11/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COALITION FOR A SUSTAINABLE DELTA
and KERN COUNTY WATER AGENCY,
Plaintiffs,

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v.

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1:09-cv-02023 LJO BAM
ORDER TO SHOW CAUSE RE
DISMISSAL FOR LACK OF
PROSECUTION

UNITED STATES DEPARTMENT OF
TRANSPORTATION, RAY LAHOOD, in
his official capacity as
Secretary of Transportation, and
MARITIME ADMINISTRATION, JAMES E.
CAPONITI, in his official
capacity as Acting Deputy
Maritime Administrator,
Defendants.

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On November 17, 2009, a number of misjoined claims were severed

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from Case Number 1:09-cv-00480 and assigned new case numbers.

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100.

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amended complaint (“SAC”) against the Maritime Administration

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Doc.

The above-captioned case includes Claims 8-10 from the second

(“MARAD”), alleging violations of the Endangered Species Act (“ESA”)
relating to MARAD’s alleged maintenance of National Defense Reserve
Fleet vessels at Suisun Bay and the preparation of a management plan

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for disposal of non-retention vessels.

SAC ¶¶ 155-76.

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severance, all related cases have proceeded to judgment.

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case, however, there has been absolutely no activity.
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Since
In this

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Plaintiffs are ordered to show cause in writing on or before

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November 11, 2011 why this case should not be dismissed for lack of

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prosecution.

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SO ORDERED
Dated: October 17, 2011

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/s/ Lawrence J. O’Neill
United States District Judge

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