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April in Paris v. Becerra

United States District Court for the Eastern District of California

December 22, 2019, Decided; December 23, 2019, Filed

Case No. 2:19-cv-02471-KJM-CKD

Opinion

STIPULATION AND ORDER REGARDING MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION

STIPULATION

Plaintiffs April in Paris, a California Sole Proprietorship, Amtan Louisiana, a Wyoming Limited Liability Company, Brooks Family Alligator Farm II, a Florida Limited Liability Company, Hogwards Carry Goods dba Chester Mox, a California Sole Proprietorship, Bijan Boutiques, LLC dba House of Bijan, a Delaware Limited Liability Company, La Duchesse Ltd, a California Corporation, Larson Leather Company, a Texas Limited Partnership, Louisiana Alligator Farmers & Ranchers Association, a Louisiana Nonprofit Corporation, Magna Leather Corporation, a Texas Corporation, M&D Gator Products Inc., a Florida S-Corporation, Selmint Pty Ltd., a South African Proprietary Limited Company, Defendant Charlton Bonham, in his official capacity as Director of the California Department of Fish and Wildlife, and California Attorney General Xavier Becerra (collectively, Parties), agree to and request that the Court approve the terms of the following stipulation:

WHEREAS, Plaintiffs filed the [*3]  Complaint. See ECF 1.

WHEREAS, Plaintiffs filed the First Amended Complaint. See ECF 8.

WHEREAS, Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction. See ECF 13-18.

WHEREAS, the Court directed Defendants to file any opposition to the Motion for Temporary Restraining Order by "close of business on December 20, 2019." See ECF 21.

ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, that:

1. To preserve Court and party resources, Defendants agree that this stipulation shall be construed to be a statement of non-opposition to the Motion for Temporary Restraining Order. The Parties agree that Defendants' non-opposition is not, and shall not be construed as, a waiver or concession regarding any issue or argument raised in this case.

2. The Parties further agree that, language in Plaintiffs' proposed orders related to the Temporary Restraining Order notwithstanding, Defendant California Department of Fish and Wildlife may enforce the provisions of California Penal Code sections 653o(b)(1) and 653r pertaining to the importation for commercial purposes, possession with intent to sell, or sale of alligator and crocodile dead bodies, or parts or products thereof against activities that [*4]  are not authorized or otherwise permitted under the Endangered Species Act or its regulations. For the avoidance of doubt and for purposes of this stipulation only, the parties agree that the importation for commercial purposes, possession with intent to sell, and sale of certain alligator and crocodile dead bodies, or parts or products thereof are at least conditionally authorized or permitted under the Endangered Species Act or its regulations.

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2019 U.S. Dist. LEXIS 222471 *; 2019 WL 7047325

APRIL IN PARIS, a California Sole Proprietorship, et al., Plaintiffs, v. XAVIER BECERRA, in his official capacity as Attorney General of California, and CHARLTON BONHAM, in his official capacity as Director of the California Department of Fish and Wildlife, Defendants.

Subsequent History: Motion granted by April in Paris v. Becerra, 2020 U.S. Dist. LEXIS 83819 (E.D. Cal., May 11, 2020)

CORE TERMS

Injunction, alligator, crocodile, dead