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

Filing 908

ORDER Following Hearing Regarding Amendment to Control Schedule signed by Judge Oliver W. Wanger on 7/1/2011. (Proposed Order Modifying the Scheduling Order due 7/8/2011) (Figueroa, O)

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DANIEL J. O’HANLON, State Bar No. 122380
ANDREW P. TAURIAINEN, State Bar No. 214837
DANIELLE R. TEETERS, State Bar No. 210056
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
400 Capitol Mall, 27th Floor
Sacramento, CA 95814-4416
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant WESTLANDS WATER
DISTRICT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FIREBAUGH CANAL WATER
DISTRICT and CENTRAL CALIFORNIA
IRRIGATION DISTRICT,

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CONSOLIDATED WITH
CIV-F-91-048 OWW DLB

Plaintiffs,

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CASE NO. CIV-F-88-0634 OWW DLB

ORDER FOLLOWING HEARING
REGARDING AMENDMENT TO
CONTROL SCHEDULE

v.
UNITED STATES OF AMERICA; et al.,

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DATE:
June 30, 2011
TIME:
12:00 noon
COURTROOM: 3
Hon. Oliver W. Wanger

Defendants.

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SUMNER PECK RANCH, INC., et al.,
Plaintiffs,

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v.

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BUREAU OF RECLAMATION, et al.,
Defendants.

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The motion by Defendant Westlands Water District (“Westlands”) for an order clarifying

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or in the alternative amending the Court’s December 23, 2009, Order Following Scheduling

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Conference (“Scheduling Order”), Doc. 758, came on for hearing on June 30, 2011. Defendant

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Westlands was represented by Kronick, Moskovitz, Tiedemann & Girard by Daniel J. O’Hanlon,

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Esq. Plaintiffs were represented by Minasian, Spruance, Meith, Soares & Sexton and Paul R.
975180.3

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Order Following Hearing Regarding Control Schedule

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Minasian, Esq.; Federal Defendants were represented by Stephen M. Macfarlane, Esq., Trial

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Attorney, U.S. Department of Justice; Environmental Intervenors were represented by Altshuler

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Berzon LLP and Hamilton Candee, Esq.
After considering the papers filed in support of and in opposition to Westlands’ motion,

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the arguments of counsel, and all other matters presented to the Court, Westlands’ motion to

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amend the Scheduling Order is GRANTED, PROVIDED THAT the parties shall discuss, prepare

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and submit to the Court by no later than July 8, 2011 a proposed modification to the Scheduling

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Order that: (1) would allow the Federal Defendants 120 days to analyze and evaluate the

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feasibility, design, cost and source of funding for commencing construction in the central subunit

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of Westlands instead of the north subunit of Westlands; and (2) would require the Federal

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Defendants to notify the Court and parties, sooner than the regular six month status reports, of

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any developments requiring significant changes in the Control Schedule. The parties shall

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submit a proposed modification to the Scheduling Order jointly if they reach agreement, but

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failing agreement by July 8, the parties shall submit alternative proposals.

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IT IS SO ORDERED.
Dated:

July 1, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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975180.3

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Order Following Hearing Regarding Control Schedule