Klamath-Siskiyou Wildlands Center et al v. National Oceanic and Atmospheric Administration National Marine Fisheries Service et al

Filing 98

ORDER DENYING MOTION TO STRIKE. Re: Dkt. No. 89 . Signed by Judge Nathanael Cousins on 6/18/2015. (lmh, COURT STAFF) (Filed on 6/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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KLAMATH-SISKIYOU WILDLANDS
CENTER, CENTER FOR BIOLOGICAL
DIVERSITY, and KLAMATH FOREST
ALLIANCE,
Plaintiffs,
v.

Case No. 13-cv-03717-NC
ORDER DENYING MOTION TO
STRIKE
Re: Dkt. No. 89

NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
NATIONAL MARINE FISHERIES
SERVICE, and UNITED STATES FISH
AND WILDLIFE SERVICE,
Defendants,
and
FRUIT GROWERS SUPPLY
COMPANY,

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Defendant-Intervenor.

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Defendants move to strike a document entitled “Additional Authority on Remedy”
that plaintiffs delivered to the Court during the remedy hearing held on May 6, 2015.
According to defendants, plaintiffs’ submission deprived them of “any meaningful
opportunity to respond and is prejudicial.” Dkt. No. 89 at 2.
Case No.:13-cv-03717-NC

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Defendants’ objection is overruled because the Court did not consider the

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additional-authority document in reaching its remedy conclusion. See Dkt. No. 93.

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Defendants’ motion to strike is DENIED.

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IT IS SO ORDERED.
Dated: June 18, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No.:13-cv-03717-NC

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