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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. WINTER

No. 08-55054.

516 F.3d 1103 (2008)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; The International Fund for. Animal Welfare; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees, v. Donald C. WINTER, Secretary of the Navy; United States Department of the Navy; Carlos M. Gutierrez, Secretary of the Department of Commerce; National Marine Fisheries Services; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; Conrad C. Lautenbacher, Jr., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

February 19, 2008.

Attorney(s) appearing for the Case

Alan J. Heinrich, Esq., Irell & Manella, LLP, Los Angeles, CA, Cara Horowitz, Esq., Natural Resources Defense Council, Santa Monica, CA, for Plaintiff-Appellees.

Kathryn E. Kovacs, Esq., Allen M. Brabender, Esq., U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Michael R. Eitel, Esq., U.S. Department of Justice Environment & Natural Resources Division, Denver, CO, for Defendants-Appellants.

Before: BETTY B. FLETCHER, DOROTHY W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

ORDER

The Navy files an emergency motion for a partial stay of the preliminary injunction imposed by the district court's January 3, 2008 order as amended by its January 10, 2008 order. The motion follows the district court's February 4, 2008 order denying the Navy's application to vacate or partially stay the preliminary injunction and lifting the temporary partial stay imposed by the district court on January 17, 2008. The Navy seeks a stay because its next training...

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