LA JOLLA FRIENDS v. NAT'L OCEANIC AND ATMOS.

Case No. 08cv1847 WQH (POR).

630 F.Supp.2d 1222 (2009)

LA JOLLA FRIENDS OF THE SEALS, a nonprofit organization; and JameS H.N. Hudnall, Jr., an individual, Plaintiffs, v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL MARINE FISHERIES SERVICE ("NMFS"), an agency of the U.S. Dept. of Commerce; Carlos M. Gutierrez, Secretary of Commerce; James W. Balsiger, Acting Director of NMFS; Rodney McInnis, Acting Regional Administrator of NMFS; James Lecky, Director of Office of Protected Resources at NMFS; City of San Diego; and Does 1 to 100, Defendants.

United States District Court, S.D. California.

April 28, 2009.


Attorney(s) appearing for the Case

Bryan W. Pease, Byran W. Pease Inc., San Diego, CA, Norman B. Blumenthal, Blumenthal, Nordrehaug & Bhowmik, La Jolla, CA, for Plaintiffs.

Kevin W. McArdle, US Department of Justice, Washington, DC, Thomas C. Stahl, US Attorneys Office Southern District of California, George F. Schaefer, Law Offices of George F. Schaefer, San Diego, CA, for Defendants.


ORDER

HAYES, District Judge.

The matter before the Court is the motion to dismiss the Complaint for lack of subject matter jurisdiction filed by the Federal Defendants. (Doc. # 12).

ALLEGATIONS OF THE COMPLAINT

Plaintiffs, an organization and an individual with conservationist, aesthetic and recreational interests in marine mammal protection, brought this action against Defendants National Atmospheric Administration National Marine Fisheries...

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