INSTITUTE OF CETACEAN RESEARCH V. SEA SHEPHERD CONSERVATION SOCI, No. 12-35266 (9th Cir. 2012)

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The court issued a subsequent related opinion or order on December 19, 2014.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 17 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT INSTITUTE OF CETACEAN RESEARCH, a Japanese research foundation; KYODO SENPAKU KAISHA, LTD., a Japanese corporation; TOMOYUKI OGAWA, an individual; TOSHIYUKI MIURA, an individual, No. 12-35266 D.C. No. 2:11-cv-02043-RAJ ORDER Plaintiffs - Appellants, v. SEA SHEPHERD CONSERVATION SOCIETY, an Oregon nonprofit corporation; PAUL WATSON, an individual, Defendants - Appellees. Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding Argued and Submitted October 9, 2012 Seattle, Washington Before: KOZINSKI, Chief Judge, TASHIMA and M. SMITH, Circuit Judges. page 2 Defendants Sea Shepherd Conservation Society and Paul Watson, and any party acting in concert with them (collectively defendants ), are enjoined from physically attacking any vessel engaged by Plaintiffs the Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa or Toshiyuki Miura in the Southern Ocean or any person on any such vessel (collectively plaintiffs ), or from navigating in a manner that is likely to endanger the safe navigation of any such vessel. In no event shall defendants approach plaintiffs any closer than 500 yards when defendants are navigating on the open sea. This injunction pending appeal is issued pursuant to Fed. R. App. P. 8 and Fed. R. Civ. P. 62(g), and shall remain in place until we issue an opinion on the merits of this appeal.

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