North Carolina Fisheries Association, Inc. et al v. Pritzker et al

Filing 73

JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS the federal defendants' motion to dismiss for lack of jurisdiction [D.E. 42] and the state defendants' motion to dismiss for lack of jurisdiction [D.E. 67], and DISMISSES as moot defendant Myers's motions to dismiss [D.E. 31, 39]. Signed by Julie Richards Johnston, Clerk of Court on 7/22/2015. (O'Brien, C.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION NORTH CAROLINA FISHERIES ASSOCIATION, INC. and CARTERET COUNTY FISHERMAN’S ASSOCIATION, INC., ) ) ) ) ) Plaintiffs, ) ) v. ) ) ) PENNY PRITZKER, Secretary, United ) States Department of Commerce, SALLY ) JEWELL, Secretary, United States ) Department of Interior, DR. KATHRYN ) SULLIVAN, Administrator, National ) Oceanic and Atmospheric Administration, ) DANIEL ASHE, Director, United States ) Fish and Wildlife Services, JOHN E. ) SKVARLA, Secretary, North Carolina ) Department of Environment and Natural ) Resources, DR. LOUIS DANIEL, Executive ) Director, North Carolina Division of Marine ) Fisheries, GORDON S. MYERS, Executive ) Director, North Carolina Wildlife Resources ) Commission, NORTH CAROLINA ) DEPARTMENT OF ENVIRONMENT AND) NATURAL RESOURCES, NORTH ) CAROLINA DIVISION OF MARINE ) FISHERIES, and NORTH CAROLINA ) WILDLIFE RESOURCES COMMISSION, ) ) Defendants. ) JUDGMENT No. 4:14-CV-138-D Decision by Court. This action came before the Honorable James C. Dever III, Chief United States District Judge, for ruling as follows: IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS the federal defendants' motion to dismiss for lack of jurisdiction [D.E. 42] and the state defendants' motion to dismiss for lack of jurisdiction [D.E. 67], and DISMISSES as moot defendant Myers's motions to dismiss [D.E. 31, 39]. This Judgment Filed and Entered on July 22, 2015, and Copies To: Wesley Charles Cooper (via CM/ECF electronic notification) Stevenson L. Weeks (via CM/ECF electronic notification) Christine A. Hill (via CM/ECF electronic notification) R.A. Renfer, Jr. (via CM/ECF electronic notification) Scott A. Conklin (via CM/ECF electronic notification) Brenda Menard (via CM/ECF electronic notification) Tamara Shields Zmuda (via CM/ECF electronic notification) Marc D. Bernstein (via CM/ECF electronic notification) DATE JULIE RICHARDS JOHNSTON, CLERK July 22, 2015 By: /s/ Courtney O’Brien Deputy Clerk

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