Citation Codes Equivalent Citations citation codes Docket Number Case No. 01CV1742 DMS (JMA). Motions Motion for summary judgment : Denied Motion for summary judgment : Granted Judges Dana Makoto Sabraw See more information ... Smart Summary Please sign up to generate summary. CALIFORNIA NATIVE PLANT SOCIETY, Plaintiff, v. GALE NORTON, Secretary, Department of the Interior, et. al., Defendants. ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT DANA M. SABRAW, District Judge Plaintiff California Native Plant Society's motion for summary judgment and Defendants Gale Norton and Steven Williams' cross-motion for summary judgment are currently pending before the Court, and scheduled for hearing on February 6, 2004. The Court has reviewed the moving papers, oppositions, and the record on file herein. In anticipation of the hearing on these motions, the Court offers the following tentative ruling: 1. Plaintiff's motion for summary judgment is tentatively denied and Defendants' cross-motion for summary judgment is tentatively granted. The Court is not persuaded by the following arguments: a. This case is moot; b. The 2003 BiOp failed to define "major population," or that the definition of "major population" was arbitrary and capricious; c. Defendants failed to use the best available scientific evidence in issuing the 2003 BiOp; d. It was unreasonable for Defendants to rely on the INRMP in issuing their "no jeopardy" opinion; e. Defendants' association of Willowy monardella was arbitrary and capricious; f. Defendants failed to analyze or determine the status of Willowy monardella in issuing their "no jeopardy" opinion; and g. Defendants refused to conduct a cumulative effects analysis.