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