Natural Resources Defense Council et al v. Norton et al

Filing 1094

STIPULATION and ORDER to Extend Deadlines signed by Chief Judge Lawrence J. O'Neill on 6/21/2017. (Jessen, A)

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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 June 7, 2017, the parties filed the second joint stipulated request to extend

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the deadlines to file all motions regarding completeness of the administrative record, any motions

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or stipulations to limit review of the Sixth Claim as against Federal Defendants to the

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administrative record, and any notice to the Court and parties of intent to seek discovery on the

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Sixth Claim as against Federal Defendants from June 7 to June 21, 2017 (ECF No. 1090), which

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was granted by this Court on the same day (ECF No. 1092);

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WHEREAS, Plaintiffs and Federal Defendants have reached a tentative agreement that will

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avoid motion practice concerning discovery against the Federal Defendants with respect to

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Plaintiffs’ Sixth Claim;

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WHEREAS, Plaintiffs and Federal Defendants are diligently working toward resolving

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questions about the scope of the administrative record in an effort to obviate the need for motion

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practice;

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WHEREAS, the SRS Contractors are amenable to this stipulation provided that they are

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included in further meet and confer discussions between Federal Defendants and Plaintiffs

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regarding any agreement the Federal Defendants and Plaintiffs may reach to: (1) obviate the need

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for third-party discovery on Plaintiffs' Sixth Claim as against the SRS Contractors; or (2) limit

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review of Plaintiffs' Sixth Claim as against the Federal Defendants to an administrative record or

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any other limited scope of evidence.

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STIPULATION
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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July 5, 2017.

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DATED: June 21, 2017

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/s/ Nicole M. Smith
Nicole M. Smith
U.S. DEPARTMENT OF JUSTICE

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

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ENVIRONMENT & NATURAL RESOURCES
DIVISION
601 D Street, NW Room 3712
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]

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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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DATED: June 21, 2017

/s/ Barbara J. Chisholm (as authorized on June 21,
2017). Barbara J. Chisholm

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BARBARA JANE CHISHOLM (SBN 224656)
HAMILTON CANDEE (SBN 111376)
TONY LOPRESTI (SBN 289269)
CORINNE JOHNSON (SB 287385)
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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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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DATED: June 21, 2017
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/s/Meredith Nikkel (as authorized on June 21, 2017)
Meredith Nikkel
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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

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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: June 21, 2017
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/s/ Andrew Hitchings (as authorized on June 21,
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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DATED: June 21, 2017
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/s/ Daniel J. O’Hanlon (as authorized on June 21
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
STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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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 July 5, 2017.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

June 21, 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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