Free Proposed Order - District Court of California - California

Case 3:07-cv-04771-EDL

Document 54

Filed 10/12/2007

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ROBERT L. FALK (SBN 142007) ROBIN S. STAFFORD (SBN 200950) SARAH SCHINDLER (SBN 236414) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Email: [email protected] Email: [email protected] Email: [email protected] JOEL R. REYNOLDS (SBN 85276) CARA A. HOROWITZ (SBN 220701) NATURAL RESOURCES DEFENSE COUNCIL, INC. 1314 Second Street Santa Monica, CA 90401 Telephone: (310) 434-2300 Facsimile: (310) 434-2399 Attorneys for Plaintiffs NATURAL RESOURCES DEFENSE COUNCIL, INC.; INTERNATIONAL FUND FOR ANIMAL WELFARE; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN-MICHEL COUSTEAU UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NATURAL RESOURCES DEFENSE COUNCIL, INC.; INTERNATIONAL FUND FOR ANIMAL WELFARE; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN-MICHEL COUSTEAU Plaintiffs, v. CARLOS M. GUTIERREZ, SECRETARY OF THE UNITED STATES DEPARTMENT OF COMMERCE; NATIONAL MARINE FISHERIES SERVICE; WILLIAM HOGARTH, ASSISTANT ADMINISTRATOR FOR FISHERIES OF THE NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION; VICE ADMIRAL CONRAD C. LAUTENBACHER, JR., ADMINISTRATOR OF THE NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION; UNITED STATES DEPARTMENT OF THE NAVY; DONALD C. WINTER, SECRETARY OF THE UNITED STATES DEPARTMENT OF THE NAVY; ADMIRAL MIKE MULLEN, CHIEF OF NAVAL OPERATIONS Defendants.
[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION Case No. C 07-4771-EDL sf-2398701

Civil Action No. CV-07-4771-EDL [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Judge: Hon. Elizabeth Laporte Ctrm: E Hearing Date: December 18, 2007 Time: 9 a.m.

Case 3:07-cv-04771-EDL

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The matter of Plaintiffs' Motion for Preliminary Injunction, filed October 12, 2007, came on regularly for hearing before the Honorable Elizabeth D. Laporte on December 18, 2007. Plaintiffs Natural Resources Defense Council ("NRDC"), International Fund For Animal Welfare, The Humane Society of the United States, Cetacean Society International, League for Coastal Protection, Ocean Futures Society, and Jean-Michel Cousteau ("Plaintiffs") appeared through Morrison & Foerster and NRDC. Defendants Carlos M. Gutierrez, Secretary of the United States Department of Commerce, National Marine Fisheries Service ("NMFS"), William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration ("NOAA"), Vice Admiral Conrad C. Lautenbacher, Jr., Administrator of NOAA, United States Department of the Navy, Donald C. Winter, Secretary of the United States Department of the Navy ("Navy"), and Admiral Mike Mullen, Chief of Naval Operations ("Defendants") appeared through the U.S. Department of Justice. Based upon the briefs and papers filed by the parties, the argument of counsel, and for good cause shown, the Court hereby finds the following: (1) the Plaintiffs have demonstrated a likelihood of success on the merits and the possibility of irreparable injury; (2) the Plaintiffs have raised serious questions going to the merits and the balance of hardships tips sharply in their favor; (3) any hardship imposed upon the Defendants is minimal in light of the Defendants' demonstrated ability to comply with the terms of the existing injunction; and (4) the public interest is best served by granting the requested injunctive relief. Therefore, Plaintiffs' motion is hereby GRANTED. IT IS HEREBY ORDERED and adjudged that Defendants, and their agents, officers, departments, and all subdivision, those working in concert with them, are restrained and enjoined, during the pendency of this action, from deployment or use of the Surveillance Towed Array Sensor System ("SURTASS") Low Frequency Active Sonar ("LFA") pursuant to the Letter of Authorization issued August 15, 2007 to the Navy by Defendant NMFS, except that, during the pendency of this action, Defendants may continue to operate SURTASS LFA under the constraints specified in the 2003 permanent injunction entered by this Court in Natural Resources Defense Council, et al. v. Evans, Civ. No. 02-03805-EDL, as amended in 2005.
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Case 3:07-cv-04771-EDL

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[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION Case No. C 07-4771-EDL sf-2398701

Dated: _______________, 2007.

By: Honorable Elizabeth D. Laporte United States Magistrate Judge

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