Firebaugh Canal Co, et al v. USA, et al

Filing 792

STIPULATION Re Briefing And Hearing Schedule For Motions For Summary Judgment; ORDER, signed by Judge Oliver W. Wanger on 5/28/2010. ( Hearing set 10/18/2010 is VACATED to be reset for a date that will allow for the briefing schedule which takes effect at the time of resolution of plaintiffs motion for supplementation of the administrative record. ) (Gaumnitz, R)

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PAUL R. MINASIAN, SBN 040972 MINASIAN, SPRUANCE, MEITH, SOARES, & SEXTON, LLP 1681 Bird Street Post Office Box 1679 Oroville, CA 95965-1679 Telephone: [phone]; Facsimile: [phone] Attorneys for Firebaugh Canal Water District and Central California Irrigation District

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FIREBAUGH CANAL WATER DISTRICT et al., ) ) Plaintiffs, ) ) -vs) ) UNITED STATES OF AMERICA, et al. , ) ) Defendants. ) ) SUMNER PECK RANCH, et al., ) ) Plaintiffs, ) ) -vs) ) UNITED STATES BUREAU OF ) RECLAMATION, et al. , ) ) Defendants. ) _________________________________________ ) CIV-F-88-634-OWW consolidated with CIV-F-92-5554-OWW Partially Consolidated with CV-F-91-048-OWW STIPULATION RE BRIEFING AND HEARING SCHEDULE FOR MOTIONS FOR SUMMARY JUDGMENT; ORDER

WHEREAS, the Court's current briefing and hearing schedule for the parties' motions for summary judgment requires the plaintiffs to file their motion by May 31, 2010 or within 30 days of resolution of issues with the administrative record; and WHEREAS, plaintiffs' motion to supplement the administrative record was filed on April 30, 2010 and scheduled for hearing at the first available hearing date on the Court's civil motions calendar, to wit, July 12, 2010; and WHEREAS, defendant United States of America and intervenors Westlands Water District, Broadview Water District, Panoche Water District and Panoche Drainage District have indicated they
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Stipulation and Order re Briefing and Hearing Schedule for MSJ

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will oppose plaintiffs' motion to supplement the administrative record; NOW THEREFORE, it is stipulated and agreed between the parties that the plaintiffs' motion for summary judgment shall be due 30 days after the resolution of plaintiffs' motion to supplement the administrative record; and IT IS FURTHER stipulated and agreed that the defendants and intervenors shall have a period of six weeks after plaintiffs' motion for summary judgment is filed in which to file and serve any oppositions to the motion and any cross-motions for summary judgment; and IT IS FURTHER stipulated and agreed that plaintiffs shall have a period of 30 days after all opposing briefs have been filed within which to file their opposition/reply brief in support of plaintiffs' motion for summary judgment and in opposition to any cross-motions for summary judgment. Reply briefs in support of any cross-motions for summary judgment shall be filed thirty (30) days thereafter. THE PARTIES hereby request the Court take the scheduled hearing date of October 18, 2010 off calendar to be reset for a date that will allow for the briefing schedule which takes effect at the time of resolution of plaintiffs' motion for supplementation of the administrative record.

Dated: May 28, 2010

MINASIAN, SPRUANCE, MEITH, SOARES & SEXTON, LLP By: /s/ Paul R. Minasian PAUL R. MINASIAN, Attorneys for FIREBAUGH CANAL WATER DISTRICT and CENTRAL CALIFORNIA IRRIGATION DISTRICT

Dated: May 28, 2010

U.S. DEPARTMENT OF JUSTICE, ENVIRONMENT & NATURAL RESOURCES DIVISION By: /s/ Stephen M. MacFarlane STEPHEN M. MACFARLANE, Attorneys for FEDERAL DEFENDANTS

Dated: May 28, 2010

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD By: /s/ Daniel J. O'Hanlon DANIEL J. O'HANLON, Attorneys for WESTLANDS WATER DISTRICT, BROADVIEW WATER DISTRICT, PANOCHE WATER DISTRICT, and PANOCHE DRAINAGE DISTRICT
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Stipulation and Order re Briefing and Hearing Schedule for MSJ

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Dated: May 28, 2010

GRISWOLD, LASALLE, COBB, DOWD & GIN, L.L.P. By: /s/ Raymond L. Carlson RAYMOND L. CARLSON, Attorneys for SAN LUIS WATER DISTRICT AND BROADVIEW WATER DISTRICT

Dated: May 28, 2010
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LINNEMAN, BURGESS, TELLES, VAN ATTA, VIERRA, RATHMANN, WHITEHURST & KEENE By: /s/ Diane V. Rathmann DIANE V. RATHMANN, Attorneys for PANOCHE WATER DISTRICT and PANOCHE DRAINAGE DISTRICT

Dated: May 28, 2010
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CALIFORNIA ENVIRONMENTAL LAW PROJECT By: /s/ Laurens H. Silver LAURENS H. SILVER, Attorneys for Environmental Intervenors COUNTY OF CONTRA COSTA, , CONTRA COSTA COUNTY WATER AGENCY,, amd THE BAY INSTITUTE

Dated: May 28, 2010

ALTSHULER BERZON LLP By: /s/ Hamilton Candee HAMILTON CANDEE, Attorneys for Environmental Intervenors NATURAL RESOURCES DEFENSE COUNCIL and THE BAY INSTITUTE

ORDER The parties having so stipulated, IT IS SO ORDERED. Dated: May 28, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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Stipulation and Order re Briefing and Hearing Schedule for MSJ