Intertribal Sinkyone Wilderness Council et al v. National Marine Fisheries Service et al

Filing 78

ORDER Telephonic Status Conference set for 6/3/2014 01:00 PM before Magistrate Judge Nandor J. Vadas. Signed by Magistrate Judge Nandor J. Vadas on 5/8/2014. (njvlc1, COURT STAFF) (Filed on 5/8/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 EUREKA DIVISION 8 9 INTERTRIBAL SINKYONE WILDERNESS COUNCIL, et al., Plaintiffs, 11 For the Northern District of California United States District Court 10 No. 1:12-cv-00420 NJV ORDER SETTING STATUS CONFERENCE RE ENFORCEMENT OF COURT ORDER v. 12 13 14 NATIONAL MARINE FISHERIES SERVICE, et al., Defendants. ___________________________________/ 15 16 On September 25, 2013, the court entered an order on the parties’ cross motions for summary 17 judgment in this case, granting in part and denying in part each motion. (Doc. 66.) The court 18 granted Plaintiffs’ motion as to their claims regarding the National Marine Fisheries Service’s 19 (“NMFS”) compliance with the requirement under the Endangered Species Act (“ESA”) that 20 agencies base their decisions on the best scientific data available. (Doc. 66, p. 41.) The court also 21 granted Plaintiffs’ motion as to their claim regarding NMFS’s compliance with the requirement 22 under ESA that the NMFS analyze the effect of the entire agency action. Id. 23 On November 26, 2013, the court issued an order remanding this matter to the NMFS for 24 correction of the violations of ESA found in the court’s order of September 25, 2013. (Doc. 72.) 25 The court ordered that “[t]o the extent that the corrections require issuance, re-issuance or 26 amendment of documents under ESA, such issuance, re-issuance or amendment shall be completed 27 no later than August 1, 2014.” Id. The court retained jurisdiction to enforce its order and to hear 28 any related motions. Id. 1 The court entered judgment on November 26, 2013. (Doc. 73.) Defendants filed a notice of 2 appeal on January 24, 2014. (Doc. 74.) On May 7, 2014, the United States Court of Appeals for the 3 Ninth Circuit issued an order granting Defendant’s motion for voluntary dismissal of their appeal. 4 (Ninth Circuit case no. 14-15137, docket no. 11.) 5 Accordingly, this case is HEREBY SET for a telephonic status conference re enforcement of 6 the order of November 26, 2013, on June 3, 2014, at 1:00 pm. The parties shall attend the status 7 conference by dialing 888-684-8852 and entering access code 1868782. 8 9 11 For the Northern District of California United States District Court 10 Dated: May 8, 2014 NANDOR J. VADAS United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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