Flowers
Protect Our Water v. Flowers
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER
On March 22, 2004, the court denied plaintiffs’ motion for summary judgment and granted defendants’ cross-motions for summary judgment in this action. On the same day, the court entered judgment in favor of defendants and against plaintiffs. The court also denied plaintiffs’ motion for a preliminary injunction and request for a permanent injunction.
On April 6, 2004, plaintiffs filed a Notice of Appeal to the United Stated Court of Appeals for the Ninth Circuit. Plaintiffs now move to enjoin defendants Lieutenant General Robert B. Flowers and Colonel Michael J. Conrad, Jr. of the United States Army Corps of Engineers (collectively, the “Corps”) from issuing any further permits in connection with the development project of defendant Diablo Grande Limited Partnership (“Diablo Grande”) in Stanislaus County—the subject of this litigation. Plaintiffs also seek to enjoin further construction on the development project pending appeal.
Once a notice of appeal is filed, the district court is divested of jurisdiction over the matters being appealed. Natural Resources Def. Council, Inc. v. Southwest Marine Inc., 242 F.3d 1163, 1166 (9th Cir.2001). However, the…