CARIBBEAN CONSERVATION CORPORATION et al v. LOCKE et al
Filing
23
ORDER re 16 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law filed by JAMES W BALSIGER, NATIONAL MARINE FISHERIES SERVICE, GARY LOCKE: Motion to Dismiss STAYED until after 10/28/2009. Status Report due from Parties on or before 11/13/2009. ( Status Report due by 11/13/2009.) Signed by CHIEF JUDGE STEPHAN P MICKLE on 9/1/2009. (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION CARIBBEAN CONSERVATION CORPORATION, et al., Plaintiffs, vs. GARY LOCKE, et al., Defendants. ____________________________/ CASE NO.: 1:09-cv-100-SPM/AK
ORDER STAYING CONSIDERATION OF MOTION TO DISMISS THIS CAUSE comes before the Court on the Defendants' Motion to Dismiss for lack of Subject Matter Jurisdiction (doc. 16), which asserts that the Plaintiffs' case is moot. Plaintiffs have filed a memorandum in opposition to this motion (doc. 18). On April 29, 2009, fifteen days after this suit was filed, Defendant National Marine Fisheries Service promulgated an emergency rule closing the bottom longline fishery, the continued operation of which is the subject of this dispute. Per the Plaintiffs' request, this Court will stay consideration of the Motion to Dismiss until after October 28, 2009, at which time the emergency rule is set to expire. On or before November 13, 2009, the Parties shall notify the Court regarding the status of the authorization of the bottom
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longline component of the Gulf of Mexico Reef Fish Fishery. DONE AND ORDERED this first day of September, 2009.
s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge
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