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Delacroix Corp. 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-02488-KJM-CKD

Opinion

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

STIPULATION

Plaintiffs Delacroix Corp., Louisiana Landowners Association, Inc., Louisiana Wildlife and Fisheries Commission, and Defendant 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 Verified Complaint for Declaratory and Injunctive Relief. See ECF 1.

WHEREAS, Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction. See ECF 2.

WHEREAS, the Court directed Defendant to file any opposition to the Motion for Temporary Restraining Order by "close of business [*2]  on December 20, 2019."

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

1. To preserve Court and party resources, Defendant agrees that this stipulation shall be construed to be a statement of non-opposition to the Motion for Temporary Restraining Order. The Parties agree that Defendant's 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, the 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 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 [*3]  are at least conditionally authorized or permitted under the Endangered Species Act or its regulations.

3. The Parties further agree that this stipulation applies to all enforcement of 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 undertaken by the Defendant while the Temporary Restraining Order is in effect. Should Defendant initiate any enforcement actions under this Stipulation while the Temporary Restraining Order is in effect, Defendant will promptly notify Plaintiff of such action and explain how such enforcement action is consistent with this Stipulation.

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2019 U.S. Dist. LEXIS 222472 *; 50 ELR 20007; 2019 WL 7047326

DELACROIX CORP., LOUISIANA LANDOWNERS ASSOCIATION, INC., and LOUISIANA WILDLIFE AND FISHERIES COMMISSION, Plaintiffs, v. XAVIER BECERRA, in his official capacity as Attorney General of California, Defendant.

Subsequent History: Motion granted by La. Wildlife & Fisheries Comm'n v. Becerra, 2020 U.S. Dist. LEXIS 83777 (E.D. Cal., May 11, 2020)

CORE TERMS

Injunction, alligator, crocodile, dead