San Francisco Herring Association v. United States Department of the Interior et al

Filing 67

ADDITIONAL NOTICE REGARDING DECEMBER 12 HEARING. Signed by Judge Jon S. Tigar on December 11, 2013. (wsn, COURT STAFF) (Filed on 12/11/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO HERRING
ASSOCIATION,
Plaintiff,

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ADDITIONAL NOTICE REGARDING
DECEMBER 12 HEARING

v.

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Case No. 13-cv-01750-JST

UNITED STATES DEPARTMENT OF
THE INTERIOR, et al.,

United States District Court
Northern District of California

Defendants.
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In addition to the issues identified in the Court’s December 5 notice, the parties should also

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be prepared to address the following additional issues in their oral argument:
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1.

Is 28 U.S.C. § 2401(a) a jurisdictional prerequisite to the Court exercising subject-

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matter jurisdiction over this action? See Wong v. Beebe, 732 F.3d 1030, 1038 (9th
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Cir. 2013) (en banc) (“Cedars-Sinai Medical Center v. Shalala, 125 F.3d 765, 770

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(9th Cir.1997), held [28 U.S.C. § 2401] subsection (a) nonjurisdictional,
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emphasizing that it ‘does not speak of jurisdiction, but erects only a procedural

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bar.’”)

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2.
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If 28 U.S.C. § 2401(a) is not jurisdictional, should the Court address the question of
the statute of limitations in ruling on the parties’ motions for summary judgment on
the question of N.P.S.’s jurisdiction over the waters at issue in this action?

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Dated: December 11, 2013
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______________________________________
JON S. TIGAR
United States District Judge