02-25-13 Order Granting Injunction Pending Appeal and Expediting Calendaring

13-15227_order_granting_injunction_pending_appeal_and_expediting_calendaring

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hmb/MOATT
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DRAKES BAY OYSTER COMPANY
and KEVIN LUNNY,
Plaintiffs – Appellants,
v.
KENNETH L. SALAZAR, in his official
capacity as Secretary, U.S. Department of
the Interior; et al.,
Defendants – Appellees.
No. 13-15227
D.C. No. 4:12-cv-06134-YGR
Northern District of California,
Oakland
ORDER
Before: GOODWIN, WARDLAW, and MURGUIA, Circuit Judges.
This is a preliminary injunction appeal.
The court grants the motion of Environmental Action Committee of West
Marin, National Parks Conservation Association, Natural Resources Defense
Council, and Save Our Seashore for leave to file an amici curiae response in
opposition to the emergency motion for injunction pending appeal. The Clerk shall
file the amici curiae opposition submitted on February 19, 2013. If these entities
seek leave to file an amici curiae brief on the merits of this appeal, a separate
motion is required.
FILED
FEB 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Case: 13-15227 02/25/2013 ID: 8524948 DktEntry: 22 Page: 1 of 2
hmb/MOATT
The court grants appellants’ request to file a response to the amici curiae
opposition. The Clerk shall file the response submitted by appellants on February
21, 2013.
Appellants’ emergency motion for an injunction pending appeal is granted,
because there are serious legal questions and the balance of hardships tips sharply
in appellants’ favor. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127,
1131-35 (9th Cir. 2011).
The court sua sponte expedites the calendaring of this preliminary injunction
appeal. The Clerk shall calendar this case during the week of May 13-17, 2013 in
San Francisco.
The briefing schedule established previously shall remain in effect.
Case: 13-15227 02/25/2013 ID: 8524948 DktEntry: 22 Page: 2 of 2

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