San Luis & Delta, et al v. USA, et al

Filing 749

ORDER to Show Cause Why Any Remaining Claims in this Case Should Not be Dismissed for Lack pf Prosecution signed by Judge Oliver W. Wanger on 9/9/2009. (Figueroa, O)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SAN LUIS & DELTA-MENDOTA WATER AUTHORITY AND WESTLANDS WATER DISTRICT, ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF THE ) INTERIOR, et al., ) ) Defendants. ) _______________________________________ ) SAVE SAN FRANCISCO BAY ASSOC., et al., ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF THE ) INTERIOR, et al., ) ) Defendants. ) ) 1:97-cv-6140 OWW DLB 1:98-cv-5261 OWW DLB (Consolidated) ORDER TO SHOW CAUSE WHY ANY REMAINING CLAIMS IN THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. Plaintiff in Intervention Stockton East Water District ("SEWD") recently filed a stipulation voluntarily dismissing, without prejudice, all remaining claims between SEWD and the Federal Defendants. Doc. 747, filed Sept. 4, 2009. SEWD requests to "remain an intervenor in the action with respect to the remaining claims of the other parties." Doc. 747 at 2. However, the only claims that have been actively prosecuted within the last two years are those raised by San Luis & Delta Mendota Water Authority's supplemental complaint, filed May 19, 2006. Doc. 646. San Luis' supplemental claims were resolved by the district court's June 1, 2009 Order Re Motion for Reconsideration. Doc. 745. Apart from San Luis' supplemental claims, on which judgment will be entered, and SEWD's claims, for which a stipulation of dismissal has been lodged, all parties in both of the above-captioned cases are ordered to show cause in writing on or before September 21, 2009, why any remaining claims should not be dismissed for lack of prosecution. SO ORDERED Dated: September 9, 2009 /s/ Oliver W. Wanger__ Oliver W. Wanger United States District Judge

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