South Yuba River Citizens League et al v. National Marine Fisheries Service et al

Filing 313

ORDER signed by Senior Judge Lawrence K. Karlton on 6/7/10 ORDERING that Pltf's may file, within 14 days, a brief arguing that their ninth claim is not moot. If Pltf's agree that their ninth claim is moot, they are encouraged to submit a filing to that effect. The cross motions otherwise remain under submission and an order will issues once the mootness question is resolved. (Owen, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiffs, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 NATIONAL MARINE FISHERIES SERVICE, et al., Defendants. / Cross motions for summary judgment in the above-captioned matter are presently under submission. Federal defendants seek ORDER SOUTH YUBA RIVER CITIZENS LEAGUE and FRIENDS OF THE RIVER, NO. CIV. S-06-2845 LKK/JFM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

summary judgment on, inter alia, plaintiffs' claim that NMFS has unreasonably delayed publication of a rule for Green Sturgeon under section 4(d) of the Endangered Species Act (plaintiffs' Ninth Claim). On June 2, 2010, federal defendants filed a notice of

supplemental authority indicating that such a rule was published on June 2, 2010. Federal defendants argue that this renders 1

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plaintiffs' Ninth Claim moot. Federal defendants appear correct in this regard.

Nonetheless, plaintiffs MAY, within fourteen (14) days of the date of this order, file a brief arguing that their Ninth Claim is not moot. Such brief, if any, SHALL not exceed fifteen (15) pages.

If such a brief is filed, the court will provide defendants with an opportunity to reply. If plaintiffs agree that their Ninth

Claim is moot, plaintiffs are encouraged to submit a filing to that effect as soon as is convenient. The cross motions otherwise remain under submission. An order will issue once the mootness question is resolved. IT IS SO ORDERED. DATED: June 7, 2010.

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