Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 125

MOTION to Dismiss Case or, in the Alternative, MOTION to Stay Proceedings Pending Circuit Courts Decision on Dfts Motion to Vacate the Preliminary Injunction by Robert Abbey, Michael Bromwich, Bureau of Ocean Energy Management, Regulation, and Enforcement, Minerals Management Service, Kenneth Lee Salazar, United States Department of the Interior. Motion Hearing set for 7/28/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing, # 4 Declaration of Walter D. Cruickshank)(Montero, Guillermo) Modified on 7/13/2010 (caa, ).

Hornbeck Offshore Services, L.L.C. v. Salazar et al

Doc. 125

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, LLC, et al. CIVIL ACTION No. 10-1663(F)(2) Plaintiffs, SECTION F v. JUDGE FELDMAN KENNETH LEE "KEN" SALAZAR, in his official capacity as Secretary, United States Department of the Interior; UNITED STATES DEPARTMENT OF THE INTERIOR; MICHAEL BROMWICH, in his official capacity as Director, Bureau of Ocean Energy Management, Regulation, and Enforcement; and BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, Defendants. MAGISTRATE 2 MAGISTRATE WILKINSON

DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT OR, IN THE ALTERNATIVE, FOR A STAY OF PROCEEDINGS PENDING CIRCUIT COURT'S DECISION ON DEFENDANTS' MOTION TO VACATE THE PRELIMINARY INJUNCTION Defendants, Kenneth Lee Salazar, United States Department of the Interior, Michael R. Bromwich and the Bureau of Ocean Energy Management, Regulation, and Enforcement, ("Defendants"), hereby file this Motion to Dismiss Plaintiffs' Complaint under Federal Rule of Civil Procedure 12(b)(1) because the decision challenged in the Complaint has been superseded by a new decision and no longer has any force or effect. As set forth in the attached Memorandum in Support of this motion, Plaintiffs' claims are therefore moot, and this Court

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lacks subject matter jurisdiction over the Complaint. In the alternative, Defendants move for a stay of proceedings pending the Fifth Circuit's decision on Defendants' Motion to Vacate the Preliminary Injunction. WHEREFORE, Defendants respectfully request that this Court grant Defendants' Motion to Dismiss Plaintiffs' Complaint or, in the Alternative, for a Stay of Proceedings Pending Circuit Court's Decision on Defendants' Motion to Vacate the Preliminary Injunction. A proposed order is attached.

Dated: July 12, 2010

IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division/s/ Guillermo A. Montero GUILLERMO A. MONTERO (T.A.) BRIAN COLLINS U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section PO Box 663 Washington, DC 20016 Tel: [phone] Fax: [phone] PETER MANSFIELD Assistant United States Attorney Eastern District of Louisiana Hale Boggs Federal Building 500 Poydras Street, Suite B-210 New Orleans, Louisiana 70130 Tel: [phone]

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CERTIFICATE OF SERVICE I hereby certify that on July 12, 2010, I caused a copy of the foregoing to be served through the Court's CM/ECF System to all parties. /s/Guillermo A. Montero Guillermo A. Montero Attorney for Defendants