Natural Resources Defense Council et al v. Norton et al

Filing 1065

STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR PLAINTIFFS' MOTION FOR RECONSIDERATION OR, IN THE ALTERNATIVE, LEAVE TO SUPPLEMENT THE COMPLAINT signed by Chief Judge Lawrence J. O'Neill on February 15, 2017. (Munoz, I)

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1 COUNSEL IDENTIFICATION ON FINAL PAGE 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 NATURAL RESOURCES DEFENSE COUNCIL, et al., 9 10 11 12 13 Plaintiffs, v. SALLY JEWELL, in her official capacity as Secretary of the Interior, et al., Case No. 1:05-cv-01207 LJO-EPG STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR PLAINTIFFS’ MOTION FOR RECONSIDERATION OR, IN THE ALTERNATIVE, LEAVE TO SUPPLEMENT THE COMPLAINT Defendants. 14 15 16 17 18 19 20 SAN LUIS & DELTA MENDOTA WATER AUTHORITY, et al., Defendants-Intervenors. ANDERSON-COTTONWOOD IRRIGATION DISTRICT, et al., Joined Parties. 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR PLFS’ MOT. FOR RECONSIDERATION CASE NO. 1:05-CV-01207 LJO-EPG 1 RECITALS 2 WHEREAS, on January 19, 2017, Plaintiffs filed their Motion for Reconsideration or, in 3 the Alternative, Leave to Supplement the Complaint (“Motion for Reconsideration”), Doc. 1055; 4 WHEREAS, the hearing date for that motion is currently set for March 1, 2017; 5 WHEREAS, the parties are engaged in ongoing discussions regarding a stipulation to allow 6 Plaintiffs to file a Fifth Supplemental Complaint; WHEREAS, such a stipulation may resolve the issues raised in Plaintiffs’ pending Motion 7 8 for Reconsideration; WHEREAS, the parties have requested one previous continuance for Plaintiffs’ Motion for 9 10 Reconsideration (Doc. 1057), which was granted by this Court on January 31, 2017 (Doc. 1059); 11 WHEREAS, the parties by and through their respective counsel of record, as identified 12 below, have conferred and agree that it is in the interests of judicial efficiency to continue the 13 hearing date for Plaintiffs’ Motion for Reconsideration in order to allow the parties further time to 14 negotiate a stipulation; and WHEREAS, the parties agree that the hearing date for Plaintiffs’ Motion for 15 16 Reconsideration should be continued by seven (7) days to March 8, 2017. 17 STIPULATION 18 NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to continue the 19 hearing date on Plaintiffs’ Motion for Reconsideration, Doc. 1055, by seven (7) days to March 8, 20 2017. 21 22 23 DATED: February 14, 2017 Barbara J. Chisholm Barbara J. Chisholm . 27 HAMILTON CANDEE (SBN 111376) BARBARA JANE CHISHOLM (SBN 224656) TONY LOPRESTI (SBN 289269) CORINNE JOHNSON (SBN 287385) ALTSHULER BERZON LLP 177 Post St., Suite 300 San Francisco, CA 94108 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 28 Attorneys for Plaintiff NRDC 24 25 26 1 STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR PLFS’ MOT FOR RECONSIDERATION CASE NO. 1:05-CV01207 LJO-EPG 1 KATHERINE POOLE (SBN 195010) DOUGLAS ANDREW OBEGI (SBN 246127) NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 21st Floor San Francisco, CA 94104 Telephone: (415) 875-6100 Facsimile: (415) 875-6161 2 3 4 5 Attorneys for Plaintiff NRDC 6 TRENT W. ORR (SBN 77656) EARTHJUSTICE 50 California St. Suite 500 San Francisco, CA 94111 Telephone: (415) 217-2000 Facsimile: (415) 217-2040 7 8 9 10 Attorneys for Plaintiffs 11 DATED: February 14, 2017 12 13 /s/ Nicole M. Smith (as authorized on Feb. 14, 2017) Nicole M. Smith U.S. DEPARTMENT OF JUSTICE ENVIRONMENT & NATURAL RESOURCES DIVISION 601 D Street, NW Room 3712 Washington, D.C. 20044-7611 Telephone: (202) 305-0368 Fascimile: (202) 305-0275 14 15 16 17 Attorneys for Respondents Sally Jewell, in her official capacity as Secretary of the Interior, et al. 18 19 20 21 22 23 24 25 26 27 28 DATED: February 14, 2017 /s/ Meredith E. Nikkel (as authorized on Feb. 14, 2017) Meredith E. Nikkel DOWNEY BRAND LLP 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 Attorneys for Intervenors and Joined Party Defendants Reclamation District No. 108, Sutter Mutual Water Company, Natomas Central Mutual Water Company, River Garden Farms Company, Pleasant Grove-Verona Mutual Water Company, Pelger Mutual Water Company, Meridian Farms Water Company, Henry D. Richter, et al., Howald Farms, Inc., Oji Brothers Farm, Inc., Oji Family 2 STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR PLFS’ MOT FOR RECONSIDERATION CASE NO. 1:05-CV01207 LJO-EPG 1 Partnership, Carter Mutual Water Company, Windswept Land And Livestock Company, Maxwell Irrigation District, and Tisdale Irrigation and Drainage Company 2 3 4 DATED: February 14, 2017 5 6 SOMACH SIMMONS & DUNN A Professional Corporation 500 Capitol Mall, Suite 1000 Sacramento, CA 95814 Telephone: (916) 446-7979 Facsimile: (916) 446-8199 7 8 9 10 Attorneys for Intervenors and Joined Party Defendants Glenn-Colusa Irrigation District, Princeton-Codora-Glenn Irrigation District, Provident Irrigation District, Anderson-Cottonwood Irrigation District, City Of Redding, M & T Chico Ranch (Pacific Realty Associates), Reclamation District No. 1004, Conaway Preservation Group, LLC, and David and Alice te Velde Family Trust 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /s/ Andrew M. Hitchings (as authorized on Feb. 14, 2017) Andrew M. Hitchings DATED: February 14, 2017 /s/ Daniel J. O’Hanlon (as authorized on Feb. 14, 2017) Daniel J. O’Hanlon KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD A Professional Corporation 400 Capitol Mall, 27th Floor Sacramento, CA 95814 Telephone: (916) 321-4500 Facsimile: (916) 321-4555 Attorneys for Defendant-Intervenors and Joined Party Defendants, San Luis & Delta-Mendota Water Authority, Westlands Water District, Coelho Family Trust, Eagle Field Water District, Fresno Slough Water District, Mercy Springs Water District, Oro Loma Water District, and Tranquillity Irrigation District 28 3 STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR PLFS’ MOT FOR RECONSIDERATION CASE NO. 1:05-CV01207 LJO-EPG 1 ORDER 2 Pursuant to the Parties’ Stipulation, the Court hereby continues the hearing date for 3 Plaintiffs’ Motion for Reconsideration or, in the Alternative, Leave to Supplement the Complaint 4 (Doc. 1055) by seven (7) days to March 8, 2017. 5 6 7 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ February 15, 2017 UNITED STATES CHIEF DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR PLFS’ MOT FOR RECONSIDERATION CASE NO. 1:05-CV01207 LJO-EPG

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