Natural Resources Defense Council et al v. Norton et al

Filing 1089

STIPULATION and ORDER TO EXTEND DEADLINES signed by Chief Judge Lawrence J. O'Neill on May 18, 2017. (Munoz, I)

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COUNSEL IDENTIFICATION ON FINAL PAGE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATURAL RESOURCES DEFENSE
COUNCIL, et al.,

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Plaintiffs,
v.
RYAN K. ZINKE, in his official capacity
as Secretary of the Interior, et al.,
Defendants.

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SAN LUIS & DELTA MENDOTA
WATER AUTHORITY, et al.,
Defendants-Intervenors.
ANDERSON-COTTONWOOD
IRRIGATION DISTRICT, et al.,
Joined Parties.

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STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

Case No. 1:05-cv-01207 LJO-EPG
STIPULATION AND ORDER TO EXTEND
DEADLINES

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WHEREAS, on March 21, 2017, the Court entered an order setting the schedule for certain
case management deadlines in the above-captioned case (ECF 1073);

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WHEREAS, pursuant to the Court’s March 21, 2017 Order, all motions regarding

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completeness of the administrative record and any motions or stipulations to limit review of the

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Sixth Claim as against Federal Defendants to the administrative record shall be filed by May 24,

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2017;
WHEREAS, the Court’s March 21, 2017 Order did not change the Court’s previous

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requirement that “21 days after [the administrative record] is lodged: Notice must be provided to

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the Court and all parties regarding any intent to seek discovery on the Sixth Claim” (ECF 1027 at

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2);

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WHEREAS, the parties notified the Court of their agreement that discovery is appropriate

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as to the Sixth Claim for Relief against the Sacramento River Settlement Contractor parties (ECF

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1073 at 1);

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WHEREAS, the administrative record was lodged on May 3, 2017, thereby placing the

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deadline for notice of intent to seek discovery on the Sixth Claim as against Federal Defendants on

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May 24, 2017;

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WHEREAS, pursuant to the Court’s March 21, 2017 Order, Plaintiffs and Federal

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Defendants met and conferred on May 10, 2017 about the scope and schedule of discovery for

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Plaintiffs’ Sixth Claim for Relief against Federal Defendants;

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WHEREAS, the Plaintiffs and Federal Defendants agree that it would be in the best

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interest of all parties to allow additional time to discuss whether Plaintiffs and Defendants could

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reach agreement about whether discovery on Plaintiffs’ Sixth Claim for Relief against Federal

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Defendants is necessary, or whether the parties could come to an agreement that would narrow or

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obviate the need for discovery on the Sixth Claim for Relief against Federal Defendants and

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motion practice on the scope of the record;

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WHEREAS, one or more counsel for Federal Defendants will be away from the office
between May 15 and May 30, 2017;

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STIPULATION
STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to and jointly

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request an order extending the deadlines to file all motions regarding completeness of the

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administrative record, any motions or stipulations to limit review of the Sixth Claim as against

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Federal Defendants to the administrative record, and any notice to the Court and parties of intent to

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seek discovery on the Sixth Claim as against Federal Defendants by fourteen days, to and including

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June 7, 2017.

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DATED: May 18, 2017

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U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT & NATURAL RESOURCES
DIVISION
601 D Street, NW Room 3712
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
Bradley H. Oliphant, Trial Attorney
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT & NATURAL RESOURCES
DIVISION
999 18th St., South Terrace, Ste. 370
Denver, CO 80202
Tel: [phone]
Facsimile: [phone]

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Attorneys for Respondents Ryan K. Zinke, in his
official capacity as Secretary of the Interior, et al.

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/s/_Nicole M. Smith_______
Nicole M. Smith

DATED: May 18, 2017

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/s/ Katherine S. Poole (as authorized on May 18,
2017). Katherine S. Poole
KATHERINE POOLE (SBN 195010)
DOUGLAS ANDREW OBEGI (SBN 246127)
NATURAL RESOURCES DEFENSE COUNCIL
111 Sutter Street, 21st Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff NRDC

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HAMILTON CANDEE (SBN 111376)
BARBARA JANE CHISHOLM (SBN 224656)
TONY LOPRESTI (SBN 289269)
CORINNE JOHNSON (SB 287385)

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STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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ALTSHULER BERZON LLP
177 Post St., Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff NRDC

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DATED: May 18, 2017
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/s/Meredith Nikkel (as authorized on May 18, 2017)
Meredith Nikkel
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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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
Partnership, Carter Mutual Water Company,
Windswept Land And Livestock Company, Maxwell
Irrigation District, and Tisdale Irrigation and
Drainage Company

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DATED: May 18, 2017

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/s/ Andrew Hitchings (as authorized on May 18,
2017)
Andrew Hitchings
SOMACH SIMMONS & DUNN
A Professional Corporation
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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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

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STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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DATED: May 18, 2017

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/s/ Daniel J. O’Hanlon (as authorized on May 18
2017)
Daniel J. O’Hanlon
KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD
A Professional Corporation
400 Capitol Mall, 27th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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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

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STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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ORDER
Pursuant to the Parties’ Stipulation, the Court hereby ORDERS that the deadlines to file all

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motions regarding completeness of the administrative record, any motions or stipulations to limit

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review of the Sixth Claim as against Federal Defendants to the administrative record, and any

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notice to the Court and parties of intent to seek discovery on the Sixth Claim as against Federal

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Defendants shall be extended by fourteen days, to and including June 7, 2017.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 18, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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