OCEANA, INC. v. GUTIERREZ et al

Filing 110

ORDER that plaintiff Oceana's motion for summary judgment 87 is granted in part and denied in part; federal defendants' motion for summary judgment 88 is granted in part and denied in part; and defendant-intervenor Fishery Survival Fund 's motion for summary judgment 91 is granted in part and denied in part. This matter is remanded without vacatur to the National Marine Fisheries Service for the limited purpose outlined in the accompanying Opinion. The parties shall meet an d confer with regard to setting a schedule according to which NMFS will address the deficiences outlined in the accompanying Opinion. The parties shall inform the Court in writing on or before January 16, 2015 whether they have reached an agreement on a schedule. Signed by Judge Paul L. Friedman on December 17, 2014. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Plaintiff,
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v.
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PENNY PRITZKER,
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United States Secretary of Commerce, et al.,
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Defendants,
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and
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FISHERIES SURVIVAL FUND
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Defendant-Intervenor.
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_________________________________________ )
OCEANA, INC.,

Civil Action No. 08-1881 (PLF)

ORDER
For the reasons set forth in the Opinion issued this same day [Dkt. No. 109], it is
hereby
ORDERED that plaintiff Oceana’s motion for summary judgment [Dkt. No. 87] is
GRANTED in part and DENIED in part; it is
FURTHER ORDERED that the federal defendants’ motion for summary
judgment [Dkt. No. 88] is GRANTED in part and DENIED in part; it is
FURTHER ORDERED that defendant-intervenor Fishery Survival Fund’s motion
for summary judgment [Dkt. No. 91] is GRANTED in part and DENIED in part; it is
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Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court
substitutes as defendant the current Secretary of Commerce, Penny Pritzker, for former Acting
Secretary Rebecca M. Blank.

FURTHER ORDERED that this matter is REMANDED WITHOUT VACATUR
to the National Marine Fisheries Service for the limited purpose outlined in the accompanying
Opinion; and it is
FURTHER ORDERED that the parties shall meet and confer with regard to
setting a schedule according to which the National Marine Fisheries Service will address the
deficiencies identified in the accompanying Opinion. On or before January 16, 2015, the parties
shall inform the Court in writing whether they have reached an agreement on a schedule. If they
are not in agreement, they shall inform the Court of their respective positions regarding such a
schedule.
SO ORDERED.

/s/_________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: December 17, 2014

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