Dairy

Dairy v. Bonham

Good Law
25 F. Supp. 3d 1284·2014 WL 985276·2014 U.S. Dist. LEXIS 31471
United States District Court, Northern District of CaliforniaMarch 7, 2014No. C-13-1518 EMCCalifornia3,965 words

Opinion

Lead Opinion

Chen, J.

ORDER GRANTING DEFENDANT’S MOTION FOR RECONSIDERATION AND MOTION FOR SUMMARY JUDGMENT

(Docket No. 98)

Plaintiffs are six individuals and one limited liability company 1 involved in commercial Dungeness crab fishing, who have sued to invalidate California Fish & Game Code § 8276.5, seeking declaratory and in-junctive relief for various alleged federal *1286 constitutional violations. The Court issued its order granting in part and denying in part Defendant’s motion for summary judgment. Currently before the Court is Defendant’s Motion for Reconsideration of that ruling. For the reasons set forth below, Defendant’s motion is GRANTED.

I. FACTUAL & PROCEDURAL BACKGROUND

The factual background in this action is set forth more fully in the Court’s order granting dismissal of certain of Plaintiffs’ claim. See Docket No. 46.

Plaintiffs filed the current lawsuit against the director of the California Department of Fish and Wildlife (“Defendant”), challenging California Fish & Game Code section 8276.5 (Dungeness Crab Trap Limit Program regulations) on various constitutional grounds. Plaintiffs contend that because § 8276.5, an implementing regulation of the Dungeness Crab Trap Limit…

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