Drakes Bay Oyster Company et al v. Salazar et al

Filing 95

ORDER Denying Plaintiffs' Motion for Injunction Pending Appeal re 92 MOTION to Expedite Ruling and for Injunction Pending Appeal filed by Kevin Lunny, Drakes Bay Oyster Company. Signed by Judge Yvonne Gonzalez Rogers on 2/11/13. (fs, COURT STAFF) (Filed on 2/11/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
______________________________________
DRAKES BAY OYSTER COMPANY, et al. )
Case No. 4:12-cv-06134-YGR
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Plaintiffs,
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[PROPOSED] ORDER DENYING
v.
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PLAINTIFFS’ MOTION FOR
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INJUNCTION PENDING APPEAL
KENNETH L. SALAZAR, in his official
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capacity as Secretary, U.S. Department of
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the Interior, et al.,
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Defendants.
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_____________________________________ )
Presently before the Court is Plaintiffs’ Motion for Injunction Pending Appeal (Dkt. No.
92). Having considered Plaintiffs’ motion, Defendants’ opposition, and all arguments and
evidence related thereto, Plaintiffs’ Motion for Injunction Pending Appeal is DENIED.
Plaintiffs have failed to establish they are entitled to preliminary injunctive relief under
Fed. R. Civ. P. 62(c), for the same reasons described in the Court’s prior Order Denying
Plaintiffs’ Motion for Preliminary Injunction (Dkt. No. 89).
This Order terminates Dkt. No. 92.
IT IS SO ORDERED.

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Dated: February 11, 2013

______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE
[Proposed] Order Denying Plaintiffs’ Motion for Injunction Pending Appeal
Case No. 4:12-cv-06134-YGR