Wild Fish Conservancy v. Irving et al

Filing 79

ORDER REGARDING JOINT STATUS REPORT. Denying with leave to renew 31 Motion for Preliminary Injunction; and Denying as moot 41 Motion for a Determination of Scope of Review. National Marine Fisheries Service is added as a Defendant. Status Conference set for 7/29/2015 is STICKEN. Signed by Judge Salvador Mendoza, Jr. (RG, Ops Supervisor)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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WILD FISH CONSERVANCY,

No. 2:14-CV-0306-SMJ

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Plaintiff,
ORDER REGARDING JOINT
STATUS REPORT

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v.
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DAVE IRVING, in his official
capacity as the Manager of the
Leavenworth Fisheries Complex, ET
AL.,
Defendants,

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v.
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CONFEDERATED TRIBES AND
BANDS OF THE YAKAMA
NATION and CONFEDERATED
TRIBES OF THE COLVILLE
RESERVATION,

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Intervening Defendants,,
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The Court stayed this case pending the release of a National Marine

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Fisheries Service biological opinion. ECF No. 66. This biological opinion was

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released on May 29, 2015. ECF No. 72 at 2. Given the contents of this opinion,

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Plaintiff opted to file a Second Amended Complaint, ECF No. 77. In the Second

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Amended Complaint, Plaintiff has dropped four claims for relief, retained one

ORDER - 1

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claim for relief, and added two claims against a new party—the National Marine

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Fisheries Service. ECF No. 78. By agreement, both Federal and Intervening

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Defendants have 60 days from the filing of that pleading to submit an answer. See

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ECF No. 76 at 2.

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With these developments, the Court does not believe that it is necessary to

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have the July 29, 2015 status conference and one will be scheduled once answers

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have been filed. Further, the Court finds the Plaintiff’s Motion for a Determination

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of Scope of Review, ECF No. 41, to be moot. Finally, the Court will deny

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Plaintiff’s First Motion for Preliminary Injunction, ECF No. 31, with leave to

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renew because it was based on the allegations contained in the First Amended

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Complaint.

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Accordingly, IT IS HEREBY ORDERED:

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1.

The Clerk’s Office shall ADD the National Marine Fisheries Service
as a Defendant in this matter.

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2.

The July 29, 2015 status conference is STRICKEN.

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3.

Plaintiff’s Motion for a Determination of Scope of Review, ECF No.
41, is DENIED as moot.

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4.

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DENIED with leave to renew.

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Plaintiff’s First Motion for Preliminary Injunction, ECF No. 31, is

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order
and provide copies to all counsel.
DATED this 22nd day of July 2015.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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Q:\SMJ\Civil\2014\Wild Fish Conservancy v Irving et al-0306\ord re status rep lc2 docx

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