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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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INTERTRIBAL SINKYONE
WILDERNESS COUNCIL, et al.,
Plaintiffs,

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For the Northern District of California

United States District Court

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No. 1:12-cv-00420 NJV
ORDER SETTING STATUS
CONFERENCE RE ENFORCEMENT
OF COURT ORDER

v.
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NATIONAL MARINE FISHERIES
SERVICE, et al.,
Defendants.
___________________________________/

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On September 25, 2013, the court entered an order on the parties’ cross motions for summary

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judgment in this case, granting in part and denying in part each motion. (Doc. 66.) The court

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granted Plaintiffs’ motion as to their claims regarding the National Marine Fisheries Service’s

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(“NMFS”) compliance with the requirement under the Endangered Species Act (“ESA”) that

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agencies base their decisions on the best scientific data available. (Doc. 66, p. 41.) The court also

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granted Plaintiffs’ motion as to their claim regarding NMFS’s compliance with the requirement

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under ESA that the NMFS analyze the effect of the entire agency action. Id.

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On November 26, 2013, the court issued an order remanding this matter to the NMFS for

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correction of the violations of ESA found in the court’s order of September 25, 2013. (Doc. 72.)

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The court ordered that “[t]o the extent that the corrections require issuance, re-issuance or

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amendment of documents under ESA, such issuance, re-issuance or amendment shall be completed

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no later than August 1, 2014.” Id. The court retained jurisdiction to enforce its order and to hear

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any related motions. Id.

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The court entered judgment on November 26, 2013. (Doc. 73.) Defendants filed a notice of

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appeal on January 24, 2014. (Doc. 74.) On May 7, 2014, the United States Court of Appeals for the

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Ninth Circuit issued an order granting Defendant’s motion for voluntary dismissal of their appeal.

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(Ninth Circuit case no. 14-15137, docket no. 11.)

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Accordingly, this case is HEREBY SET for a telephonic status conference re enforcement of

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the order of November 26, 2013, on June 3, 2014, at 1:00 pm. The parties shall attend the status

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conference by dialing 888-684-8852 and entering access code 1868782.

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For the Northern District of California

United States District Court

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Dated: May 8, 2014
NANDOR J. VADAS
United States Magistrate Judge

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