Drakes Bay Oyster Company et al v. Salazar et al

Filing 111

ORDER STAYING PROCEEDINGS PENDING RULING ON PLAINTIFF'S PETITION FOR REHEARING EN BANC, CONTINUING CASE MANAGEMENT CONFERENCE, AND DENYING REQUEST TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE AS MOOT. Case Management Conference set for 9/23/2013 is CONTINUED to 11/18/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 9/20/13. (fs, COURT STAFF) (Filed on 9/20/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DRAKES BAY OYSTER COMPANY, et al.,

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Plaintiff,

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v.
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Northern District of California

United States District Court

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KENNETH L. SALAZAR, in his official
capacity as Secretary, U.S. Department of
the Interior, et al.,

Case No.: 12-cv-06134-YGR
ORDER STAYING PROCEEDINGS PENDING
RULING ON PLAINTIFFS’ PETITION FOR
REHEARING EN BANC, CONTINUING CASE
MANAGEMENT CONFERENCE, AND DENYING
REQUEST TO APPEAR TELEPHONICALLY AT
CASE MANAGEMENT CONFERENCE AS MOOT

Defendants.

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A Case Management Conference is scheduled for September 23, 2013. The parties have
timely filed their Joint Case Management Conference Statement. Plaintiffs seek a stay of proceedings
pending a final decision from the Ninth Circuit on Plaintiffs’ appeal from this Court’s denial of their
motion for a preliminary injunction. Plaintiffs represent that they intend to petition for rehearing en
banc. Defendants do not believe the case should be stayed in its entirety pending a final decision by
the Ninth Circuit on the preliminary injunction appeal, but that the case should proceed once the Ninth
Circuit rules on the petition for rehearing en banc.
The Court believes that a stay is appropriate until the Ninth Circuit rules on Plaintiffs’ petition
for rehearing en banc. The Court hereby CONTINUES the Case Management Conference from
September 23, 2013 to November 18, 2013 at 2:00 p.m. If the Ninth Circuit has ruled on the petition
prior to the conference, the Court will determine whether a further stay is appropriate at that time.
If the Ninth Circuit has not ruled on Plaintiffs’ petition for rehearing by five (5) business days
prior to the conference, the parties shall submit a joint status update by that date so informing the

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Court. The parties may also contact the Courtroom Deputy to advance the Case Management

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Conference date, if necessary.

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In light of the continuance of the Case Management Conference, the pending Request to
Appear Telephonically at Case Management Conference is DENIED as moot.
As set forth above, this action is hereby STAYED pending the Ninth Circuit’s ruling on
Plaintiffs’ petition for rehearing en banc. This Order terminates Dkt. No. 109.
IT IS SO ORDERED.

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Dated: September 20, 2013

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_______________________________________

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

Northern District of California

United States District Court

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