Center for Biological Diversity v. Chertoff et al

Filing 39

CLERK'S JUDGMENT in favor of United States Coast Guard, Craig E. Bone, Michael Chertoff against Center for Biological Diversity. 1. To the extent plaintiff alleges violations of the ESA arising from the Coast Guards asserted implementation of o r actions under the TSS off San Francisco or the TSS in the approaches to Los Angeles-Long Beach, such claims are DISMISSED without prejudice for lack of jurisdiction.2. To the extent plaintiff alleges violations of the ESA arising from the Coast Gua rds asserted implementation of or actions under the TSS in the Santa Barbara Channel, or from other asserted shipping traffic management actions in the Santa Barbara Channel, defendants motion for summary judgment is hereby GRANTED, and plaintiffs motion for summary judgment is hereby DENIED. (tl, COURT STAFF) (Filed on 4/1/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MICHAEL CHERTOFF, et al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, No. CV-08-2999 MMC JUDGMENT IN A CIVIL CASE () Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. (X) Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS SO ORDERED AND ADJUDGED 1. To the extent plaintiff alleges violations of the ESA arising from the Coast Guard's asserted implementation of or actions under the TSS off San Francisco or the TSS in the approaches to Los Angeles-Long Beach, such claims are DISMISSED without prejudice for lack of jurisdiction. 2. To the extent plaintiff alleges violations of the ESA arising from the Coast Guard's asserted implementation of or actions under the TSS in the Santa Barbara Channel, or from other asserted shipping traffic management actions in the Santa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Barbara Channel, defendants' motion for summary judgment is hereby GRANTED, and plaintiff's motion for summary judgment is hereby DENIED. Dated: April 1, 2009 Richard W. Wieking, Clerk Deputy Clerk By: Tracy Lucero

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