Facts

Ralph Dairy, Lynette Dairy, Joseph Spier, Phyllis Spier, F/V Brooke Michelle LLC, William Currie, and Howard Moore filed a complaint against Charlton Bonham, Director of the California Dept. of Fish and Wildlife, seeking to invalidate California Fish & Game Code Section 8276.5 and seeking declaratory and injunctive relief for various alleged federal constitutional violations. Section 8276.5 implemented regulation of the Dungeness crab trap Limit Program. Plaintiffs were non-California residents involved in the crabbing industry.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Section 8276.5 violated the commerce clause, equal protection clause, right to free movement, privileges and immunities clause, procedural due process, bill of attainder, and conflict preemption with Magnuson-Stevens Act.

DEFENDANT'S CONTENTIONS:
Defendant sought to dismiss plaintiffs' claims.

Result

The court initially granted defendant's motion to dismiss on certain of plaintiffs' claims. Then, defendant moved for summary judgment on plaintiffs' claims for privileges and immunities clause and conflict preemption, which the court granted in part and denied in part. Defendant then filed a motion for reconsideration. Defendant specifically requested the court to reconsider its ruling denying summary judgment as to plaintiffs' privileges and immunities clause. On reconsideration, the court granted defendant's motion for reconsideration and motion for summary judgment on plaintiffs' privileges and immunities clause claim. It concluded that the facially neutral statute at issue neither serves as a proxy for differential treatment of nonresidents nor discriminates in practical effect against nonresidents. As a result, the court entered judgment in defendant's favor.