Save Strawberry Canyon v. Lawrence Berkeley National Laboratory et al, No. 3:2008cv03494 - Document 105 (N.D. Cal. 2009)

Court Description: ORDER REGARDING RECENT NINTH CIRCUIT DECISION (whalc2, COURT STAFF) (Filed on 3/20/2009)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 SAVE STRAWBERRY CANYON, a non-profit corporation, No. C 08-03494 WHA 11 Plaintiff, 12 v. ORDER REGARDING RECENT NINTH CIRCUIT DECISION 13 DEPARTMENT OF ENERGY, et al., 14 Defendants. / 15 16 An order dated March 18, 2009, granted plaintiff s motion for preliminary injunction 17 and issued a limited injunction pending resolution of the merits later this year. Two days later, 18 the Ninth Circuit issued an opinion in which, interpreting the Supreme Court s recent decision 19 in Winter, it discussed the standard for granting or denying such relief. American Trucking 20 Ass ns v. City of Los Angeles, Case No. 08-56503 (9th Cir. Mar. 20, 2008). 21 The parties are requested to brief the import of American Trucking for the March 18 22 order according to the following schedule. Both sides should file an initial brief on the subject, 23 no greater than ten pages, by Friday, MARCH 27, 2009, AT NOON. Both sides may file any 24 response they wish to file, no greater than five pages, by Wednesday, APRIL 1, 2009, AT NOON. 25 26 IT IS SO ORDERED. 27 28 Dated: March 20, 2009. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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