In re Delta Smelt Consolidated Cases

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

Order Denying Without Prejudice Plaintiff Family Farm Alliance's Motion for Temporary Restraining Order

Before the Court is the Plaintiff Family Farm Alliance's (the "Alliance") Motion for a Temporary Restraining Order (Docket No. 614). The Court has considered the motion and memorandum in support thereof, the Federal Defendants' and Defendant-Intervenors' briefs in opposition thereto, and the arguments of the parties at the March 16, 2010 hearing. The Court finds that the Motion is untimely under Local Rule 65-231(b) and that the Alliance has not met its burden to demonstrate that it is likely to succeed on the merits due to changed operational conditions.

The Court therefore ORDERS that the motion be DENIED WITHOUT PREJUDICE.

If the Alliance seeks to pursue preliminary injunctive relief, it must do so by way of a noticed motion pursuant to, and subject to the timetables set forth in, the Federal Rules of Civil Procedure and the Local Rules of this Court, unless the appropriate evidentiary showing can be made to justify a departure from those rules.

IT IS SO ORDERED.

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