Pacific Dawn LLC et al v. Locke et al

Filing 44

ORDER for supplemental briefing and continuing motion hearing. Joint supplemental brief due by 11/16/11. Hearing on parties' cross-motions for summary judgment is continued to 12/5/2011 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/03/11. (tehlc3, COURT STAFF) (Filed on 11/3/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PACIFIC DAWN LLC, et al.,

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NO. C10-4829 TEH

Plaintiffs,

ORDER FOR SUPPLEMENTAL
BRIEFING AND CONTINUING
MOTION HEARING

v.
GARY LOCKE, et al.,

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Defendants.

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For the Northern District of California

United States District Court

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This matter is currently before the Court on the parties’ cross-motions for summary

12 judgment. Upon review of the submitted papers, the Court remains unclear on how the
13 fishing history of “B” permits was used in determining the allocations at issue in this case.
14 Defendants state that, “The Council and NMFS . . . consider[ed] the catch history of vessels
15 registered to expired permits as part of the fleet’s history (i.e., ‘in the denominator’) as a
16 method to determine relative participation in each year,” Defs.’ Mot. for Summ. J. at 18, but
17 the cited “example of calculation of relative history” at C15:*7-*8 does not appear to
18 indicate how any history from “B” permits would be considered. Id. The parties shall file a
19 joint supplemental brief on this issue, including a numerical example and setting forth any
20 differences of opinion if necessary, on or before November 16, 2011.
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IT IS FURTHER ORDERED that the hearing on these motions shall be continued to

22 December 5, 2011, at 10:00 AM.
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24 IT IS SO ORDERED.
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26 Dated: 11/03/11
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT