Natural Resources Defense Council et al v. Norton et al

Filing 1233

STIPULATION and ORDER Regarding Depositions on NMFS Employees, signed by Chief Judge Lawrence J. O'Neill on 5/14/2018. Pursuant to the Parties' Stipulation, the Court hereby ORDERS that, to the extent the Request for Reconsideration is resolved such that the depositions of Maria Rea and Eric Danner will proceed, the depositions may occur after May 30, 2018. (Valdez, E)

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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
STIPULATION AND ORDER
REGARDING DEPOSITIONS OF NMFS
EMPLOYEES

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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STIPULATION AND ORDER REGARDING DEPOSITIONS OF
NMFS EMPLOYEES
CASE NO. 1:05-CV-01207 LJO-EPG

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RECITALS
WHEREAS, on March 20, 2018, the parties filed a Stipulation and (Proposed) Scheduling
Order (ECF No. 1193), which the Court adopted on March 22, 2018 (ECF No. 1194);
WHEREAS, the March 22, 2018 scheduling order sets a fact discovery cutoff of May 30,
2018 (ECF No. 1194);
WHEREAS, Plaintiff Natural Resources Defense Council (“NRDC”) subpoenaed National

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Marine Fisheries Service (“NMFS”) employees Maria Rea and Dr. Danner to appear for

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deposition on May 9, 2018 and May 16, 2018, respectively;

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WHEREAS, on April 20, 2018, Magistrate Judge Grosjean issued an order denying

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Department of Commerce’s (“Department”) motion to quash the subpoenas and granting NRDC’s

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motion to compel (ECF No. 1204);

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WHEREAS, on May 4, 2018, Defendants Sacramento River Settlement (“SRS”)

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Contractors filed a request for reconsideration by the District Court of the Magistrate Judge’s order

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(ECF No. 1228), which the Department and Defendant Department of Interior joined (ECF No.

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1229) (collectively, “Request for Reconsideration”);

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WHEREAS, to allow the District Court time to rule on the request for reconsideration,

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NRDC and the Federal Defendants agree to postpone the depositions of the NMFS employees to

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June 20 and June 27, 2018;

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WHEREAS, the SRS Contractors do not object to the depositions occurring after May 30,

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2018 to the extent that the Request for Reconsideration is resolved such that the depositions will

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proceed;

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AND WHEREAS, by signing this stipulation the parties do not waive any arguments

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regarding the effects of the May 30, 2018 fact discovery cutoff, the Request for Reconsideration,

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or the Seventh Claim for Relief asserted in the Sixth Supplemental Complaint (ECF No. 1187).

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

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extent the Request for Reconsideration is resolved such that the depositions of Maria Rea and Eric

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Danner will proceed, the depositions may occur after May 30, 2018.
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STIPULATION AND ORDER REGARDING DEPOSITIONS OF
NMFS EMPLOYEES
CASE NO. 1:05-CV-01207 LJO-EPG

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DATED: May 11, 2018
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/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]

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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)
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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STACEY P. GEIS (SBN 181444)
GREGORY C. LOARIE (SBN 215859)
EARTHJUSTICE
50 California St. Suite 500
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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DATED: May 11, 2018

/s/ Nicole M. Smith (as authorized on May 11, 2018)
Nicole M. Smith

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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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Attorney for Federal Defendants
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DATED: May 11, 2018

/s/ Meredith Nikkel (as authorized on May 11, 2018)
Meredith Nikkel

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DOWNEY BRAND LLP
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STIPULATION AND ORDER REGARDING DEPOSITIONS OF
NMFS EMPLOYEES
CASE NO. 1:05-CV-01207 LJO-EPG

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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 11, 2018
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/s/ Andrew Hitchings (as authorized on May 11,
2018)
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, David and Alice te Velde Family Trust, Knights
Landing Investors, LLC and Pelger Road 1700, LLC

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DATED: May 11, 2018

/s/ Daniel J. O’Hanlon (as authorized on May 11,
2018)
Daniel J. O’Hanlon
KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD
A Professional Corporation
400 Capitol Mall, 27th Floor
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STIPULATION AND ORDER REGARDING DEPOSITIONS OF
NMFS EMPLOYEES
CASE NO. 1:05-CV-01207 LJO-EPG

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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 REGARDING DEPOSITIONS OF
NMFS EMPLOYEES
CASE NO. 1:05-CV-01207 LJO-EPG

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ORDER

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Pursuant to the Parties’ Stipulation, the Court hereby ORDERS that, to the extent the

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Request for Reconsideration is resolved such that the depositions of Maria Rea and Eric Danner

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will proceed, the depositions may occur after May 30, 2018.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 14, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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STIPULATION AND ORDER REGARDING DEPOSITIONS OF
NMFS EMPLOYEES
CASE NO. 1:05-CV-01207 LJO-EPG