Natural Resources Defense Council et al v. Norton et al

Filing 1142

REVISED STIPULATION AND SCHEDULING ORDER - Expert Disclosures due by 9/28/2018. Fact Discovery cutoff 3/12/2018, Dispositive Motions filed by 1/24/2018, Pretrial Conference currently set for 3/13/2018 is now set for 12/18/2018 at 08:30 AM in Courtr oom 4 (LJO) before Chief Judge Lawrence J. O'Neill, Bench Trial currently set for 4/10/2018 is now set for 2/5/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill, signed by Chief Judge Lawrence J. O'Neill on 11/16/2017. (Kusamura, W)

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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,

Case No. 1:05-cv-01207 LJO-EPG
REVISED STIPULATION AND
SCHEDULING ORDER

v.
RYAN 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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REVISED STIPULATION AND
SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG

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RECITALS

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WHEREAS, the parties filed a Stipulation and (Proposed) Scheduling Order on October
30, 2017, see Dkt. 1136;

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WHEREAS, the Court issued a minute order on November 7, 2017, stating that, although

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“[m]ost of the [stipulation’s] proposals are reasonable and will be approved,” it was “the Court’s

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strong preference to set a firm trial date,” Dkt. 1139, which the stipulation lacked;
WHEREAS, the Court’s minute order directed the parties to meet and confer to determine

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a mutually acceptable trial date and to communicate that date to the Court by filing a revised

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schedule; see id.;

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WHEREAS, the parties have met and conferred and determined a mutually acceptable trial
date and have confirmed with the Courtroom Deputy that the parties’ proposed date is available;
AND WHEREAS, that mutually acceptable trial date takes into account the Court’s

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estimate that it will optimistically need approximately 12 weeks to rule on the parties’ cross-

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motions for summary judgment and maintains the parties’ previously-requested 5-month interval

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between the ruling on summary judgment motions and trial, see id.;

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STIPULATION

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

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following revised proposed schedule and page limits regarding discovery, briefing of motions for

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summary judgment, and trial deadlines:1

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Schedule
Event
Plaintiffs’ motion for summary
judgment
Defendants’ oppositions and crossmotions for summary judgment
Plaintiffs’ reply and opposition
Defendants’ replies
Hearing on motions for summary
judgment
Fact discovery cutoff

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Deadline
January 24, 2018
February 23, 2018
March 26, 2018
April 9, 2018
April 23, 2018
March 12, 2018

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By entering this stipulation, Federal Defendants do not waive any argument regarding (i) the
proper scope of judicial review for Endangered Species Act (“ESA”) claims, or (ii) the propriety
of considering extra-record evidence related to ESA claims.
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REVISED STIPULATION AND
SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG

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Provided, however, that if issues remain for trial,
any party may seek to reopen fact discovery based
on a showing of good cause.
Expert disclosures
September 28, 2018
Rebuttal expert disclosures
October 26, 2018
Expert discovery cutoff
November 27, 2018
Last day to file joint pretrial statement
December 11, 2018
Pretrial conference
December 18, 2018
Last day to serve proposed pretrial order January 8, 2019
Last day to file opening trial briefs
January 15, 2019
Last day to file answering trial briefs
January 29, 2019
First day of trial.
February 5, 2019

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Page Limits. Each set of Parties – Plaintiffs, Federal Defendants, the SRS Contractors,

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and the Delta-Mendota Canal Contractors – shall be limited to a maximum of 40 pages for opening

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and opposition briefs on motions for summary judgment, and a maximum of 20 pages for reply

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briefs on summary judgment.

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DATED: November 16, 2017

/s/ Katherine S. Poole
Katherine S. Poole

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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]
Attorneys for Plaintiff NRDC
HAMILTON CANDEE (SBN 111376)
BARBARA JANE CHISHOLM (SBN 224656)
TONY LOPRESTI (SBN 289269)
CORINNE JOHNSON (SB 287385)
ALTSHULER BERZON LLP
177 Post St., Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff NRDC
TRENT W. ORR (SBN 77656)
EARTHJUSTICE
50 California St. Suite 500
San Francisco, CA 94111
Telephone: [phone]
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REVISED STIPULATION AND
SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG

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Facsimile: [phone]

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Attorneys for Plaintiffs

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DATED: November 16, 2017
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/s/ Nicole M. Smith (as authorized on Nov. 15, 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: [phone]
Facsimile: [phone]

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

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DATED: November 16, 2017
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/s/ Meredith Nikkel (as authorized on Nov. 14, 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: November 16, 2017

/s/ Andrew Hitchings (as authorized on Nov. 14,
2017)
Andrew Hitchings
SOMACH SIMMONS & DUNN
A Professional Corporation
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
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REVISED STIPULATION AND
SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG

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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: November 16, 2017
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/s/ Daniel J. O’Hanlon (as authorized on Nov. 16,
2017)
Daniel J. O’Hanlon
KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD
A Professional Corporation
400 Capitol Mall, 27th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
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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REVISED STIPULATION AND
SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG

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ORDER
Pursuant to the Parties’ Stipulation, the Court hereby ORDERS that the following schedule
for further proceedings in this case is established.
Event
Deadline
Plaintiffs’ motion for summary
January 24, 2018
judgment
Defendants’ oppositions and crossFebruary 23, 2018
motions for summary judgment
Plaintiffs’ reply and opposition
March 26, 2018
Defendants’ replies
April 9, 2018
Hearing on motions for summary
April 23, 2018
judgment
March 12, 2018
Provided, however, that if issues remain for trial,
Fact discovery cutoff
any party may seek to reopen fact discovery based
on a showing of good cause.
Expert disclosures
September 28, 2018
Rebuttal expert disclosures
October 26, 2018
Expert discovery cutoff
November 27, 2018
Last day to file joint pretrial statement
December 11, 2018
Pretrial conference
December 18, 2018
Last day to serve proposed pretrial order January 8, 2019
Last day to file opening trial briefs
January 15, 2019
Last day to file answering trial briefs
January 29, 2019
First day of trial.
February 5, 2019
Pursuant to the Parties’ Stipulation, the Court further ORDERS that the following page
limits apply to the parties’ dispositive motions briefing:

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Brief

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Plaintiffs’ motion for summary judgment
Defendants’ motions for summary judgment
and oppositions
Plaintiffs’ opposition and reply
Defendants’ replies

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IT IS SO ORDERED.

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Dated:
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Pages
(as to each set of Parties)
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/s/ Lawrence J. O’Neill _____

November 16, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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REVISED STIPULATION AND
SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG