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

Filing 490

ORDER signed by Judge Lawrence K. Karlton on 8/28/12 ORDERING that Federal Defendants' 482 motion for modification of 475 the Court's 5/21/2012 Order is GRANTED. The language of the Order is modified to require Federal Defendants to sub mit a request to the Treasury Department for the payment of all fees due by 9/4/2012. Within 30 days of the issuance of this order, defendants SHALL inform the court of the status of the payment to plaintiffs.The hearing currently set for 9/4/2012 is VACATED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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Plaintiffs,
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v.
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NATIONAL MARINE FISHERIES SERVICE, )
et al.,
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Defendants
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SOUTH YUBA RIVER CITIZENS LEAGUE,

No. 2:06-cv-2845-LKK-JFM

ORDER GRANTING FEDERAL
DEFENDANTS’ MOTION FOR STAY,
OR ALTERNATIVELY, FOR
MODIFICATION OF MAY 31, 2012
ORDER

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Pending before the Court is Federal Defendants’ motion for a stay, or alternatively, for

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modification of the Court’s May 31, 2012 Order. ECF No. 475. That order provides, in relevant

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part, that the Federal Defendants “shall pay all fees due no later than ninety (90) days from the

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issuance of this order, and shall thereupon file a declaration with the court stating that they have

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done so.” Id. ¶ 6 at 4. The 90-day deadline for payment is August 27, 2012. The Court has fully

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considered the briefs filed in support of the motion and the arguments admitted in evidence.

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Accordingly, the Court now enters the following order:

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IT IS HEREBY ORDERED that Federal Defendants’ motion for modification of the

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Court’s May 21, 2012 Order (ECF No. 475) is GRANTED. The language of the Order is

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modified to require Federal Defendants to submit a request to the Treasury Department for the

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payment of all fees due by September 4, 2012. Within 30 days of the issuance of this order,

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defendants SHALL inform the court of the status of the payment to plaintiffs.

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The hearing currently set for September 4, 2012 is VACATED.

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Dated: August 28, 2012.

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