California Ex Rel. Lockyer v. United States Department of Agriculture
Opinion
Opinion
Laporte, J.
ORDER PARTIALLY STAYING INJUNCTIVE RELIEF IN THE INTERESTS OF COMITY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 62(c)
Before the Court are Defendants’ Motion for an Indicative Ruling on Rule 60(b) Motion to Modify Injunction or for Stay Pending Appeal and Plaintiffs’ Motion to Stay Proceedings Relating to Defendants’ Rule 60(b) Motion and Defendants’ Motion for Stay Pending Appeal. The Court held a hearing on October 31, 2008, and the parties filed further briefing on November 14, 2008. For the reasons stated at the hearing and in this Order, Defendants’ Motion for an Indicative Ruling is denied to the extent it seeks an indicative ruling under Crateo, Inc. v. Intermark, Inc., 536 F.2d 862, 869 (9th Cir.1976), but granted in part to the extent it seeks a stay of the injunction, and Plaintiffs’ Motion for Stay is denied.
Background
In the October 11, 2006 Amended Order and Opinion on Cross-Motions for Summary Judgment, this Court set aside the State Petitions for Inventoried Roadless Area Management Rule (“State Petitions Rule”) ( 70 Fed. Reg. 25,654 (May 13, 2005)), reinstated the Roadless Area Conservation Rule (“Roadless Rule”) ( 66 Fed. Reg. 3,244 (Jan. 12, 2001)) and…