Natural Resources Defense Council et al v. Norton et al

Filing 1151

STIPULATION and ORDER TO EXTEND DEADLINES signed by Chief Judge Lawrence J. O'Neill on January 9, 2018. (Munoz, I)

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COUNSEL IDENTIFICATION ON FINAL PAGE

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UNITED STATES DISTRICT COURT
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.

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ANDERSON-COTTONWOOD
IRRIGATION DISTRICT, et al.,

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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 November 16, 2017, the parties filed a Revised Stipulation and (Proposed)

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Scheduling Order (ECF No. 1141), which the Court adopted on November 17, 2017 (ECF No.

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1142);

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WHEREAS, Plaintiffs have served two third-party subpoenas on National Marine

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Fisheries Service (“NMFS”) employees, Maria Rea and Eric Danner, requesting documents and

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deposition testimony for January 10, 2018 and January 12, 2018, respectively;

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WHEREAS, Acting General Counsel for the National Oceanic and Atmospheric

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Administration has informed Plaintiffs’ counsel that Ms. Rea and Dr. Danner may not give the

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testimony which Plaintiffs seek;

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WHEREAS, an informal discovery dispute conference regarding this issue has been set
before Magistrate Judge Erica P. Grosjean for January 5, 2018 at 9:30 a.m.;

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WHEREAS, Plaintiffs are willing to postpone the deposition dates for Ms. Rea and Dr.

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Danner by 30 days in order to allow Judge Grosjean time to resolve the discovery dispute prior to

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the deposition dates;

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WHEREAS, Plaintiffs have agreed to an extension of the deposition dates on the condition

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that the Department of Justice accept service of the revised subpoenas and all parties stipulate to

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an extension of the current motion briefing deadlines and fact discovery cutoff;

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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 regarding fact discovery1 and briefing of motions for

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summary judgment:2

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Schedule
Event
Plaintiffs’ motion for summary judgment
Defendants’ oppositions and cross-motions
for summary judgment
Plaintiffs’ reply and opposition

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Deadline
March 7, 2018
April 6, 2018
May 7, 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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Other discovery deadlines and trial dates remain unchanged from those adopted by the Court’s
November 17, 2017 Order (ECF No. 1142).
STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. 1:05-CV-01207 LJO-EPG

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Defendants’ replies
Hearing on motions for summary judgment
Fact Discovery cutoff

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May 21, 2018
June 4, 2018
April 23, 2018
Provided, however, that if issues remain
for trial, any party may seek to reopen fact
discovery based on a showing of good
cause.

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DATED: January 5, 2018

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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]

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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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/s/ Nicole M. Smith
Nicole M. Smith

DATED: January 5, 2018

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/s/ Barbara J. Chisholm (as authorized on January 3,
2018).
Barbara J. Chisholm
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]
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

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

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San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff NRDC

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DATED: January 5, 2018

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/s/Meredith Nikkel (as authorized on January 3,
2018).
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: January 5, 2018
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`

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/s/ Andrew Hitchings (as authorized on January 3,
2018)
Andrew Hitchings
SOMACH SIMMONS & DUNN
A Professional Corporation
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
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
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DATED: January 5, 2018

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/s/ Daniel J. O’Hanlon (as authorized on January 3,
2018)
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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STIPULATION AND ORDER TO EXTEND DEADLINES
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ORDER
Pursuant to the Parties’ Stipulation, the Court hereby ORDERS that the following schedule
for fact discovery and briefing of motions for summary judgment is established.

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Event
Plaintiffs’ motion for summary judgment
Defendants’ oppositions and cross-motions
for summary judgment
Plaintiffs’ reply and opposition
Defendants’ replies
Hearing on motions for summary judgment
Fact Discovery cutoff

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Deadline
March 7, 2018
April 6, 2018
May 7, 2018
May 21, 2018
June 4, 2018
April 23, 2018
Provided, however, that if issues remain
for trial, any party may seek to reopen
fact discovery based on a showing of
good cause.

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The existing pretrial and trial dates remain unchanged and will not be moved. The parties are

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cautioned that this continuance does not change the Court’s estimate of the time it will need to

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issue a ruling on the cross motions for summary judgment (at least 12 weeks).

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 9, 2018

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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