Sierra Club et al v. U.S. Department of Transportation et al

Filing 74

ORDER TO SHOW CAUSE to Plaintiffs. Show Cause Response due by 1/4/2016. Signed by Judge Kandis A. Westmore on 12/9/2015. (kawlc1, COURT STAFF) (Filed on 12/9/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SIERRA CLUB, et al., Case No. 02-cv-04623-KAW Plaintiffs, 8 ORDER TO SHOW CAUSE v. Re: Dkt. No. 69 9 10 U.S. DEPARTMENT OF TRANSPORTATION, et al., Defendants. United States District Court Northern District of California 11 12 On September 18, 2015, Defendants filed a motion to dissolve the injunction issued on 13 14 April 28, 2003, which enjoined Defendants, along with Intervenor-Defendant the Town of 15 Mammoth Lakes, “from commencing any construction or other work on the [Mammoth Yosemite] 16 airport expansion project pending conformance with all NEPA requirements, including completion 17 and adoption of an Environmental Impact Statement.” (Defs.’ Mot., Dkt. No. 69 at 1.) Defendants contend that they conferred with Plaintiffs’ counsel, and were advised that 18 19 Plaintiffs would likely not take a position on this motion. Id. Notwithstanding, pursuant to Civil 20 Local Rule 7-3, Plaintiffs’ opposition was due on October 2, 2015. Plaintiff did not file an 21 opposition or a statement of non-opposition as required by the Civil Local Rules. See Civil L.R. 7- 22 3(b). 23 Accordingly, by no later than January 4, 2016, the Court orders Plaintiffs to file either (1) 24 a statement of non-opposition to the motion to dissolve the injunction, or (2) show cause why the 25 motion should not be granted as unopposed and file an opposition to the motion to dissolve the 26 injunction. Failure to timely file may result in the dissolution of the injunction. See Judge 27 Westmore’s General Standing Order ¶ 22 (“The failure of the opposing party to file a 28 memorandum of points and authorities in opposition to any motion shall constitute consent to the 1 2 3 granting of the motion”). IT IS SO ORDERED. Dated: December 9, 2015 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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