Natural Resources Defense Council et al v. Norton et al

Filing 1245

STIPULATION and SCHEDULE ORDER signed by Chief Judge Lawrence J. O'Neill on May 25, 2018. (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,

Case No. 1:05-cv-01207 LJO-EPG
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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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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 (Dkt. 1194);
WHEREAS, the March 22, 2018 scheduling order sets the deadline for Plaintiffs’
combined summary judgment opposition and reply on May 29, 2018 (Dkt. 1194);

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WHEREAS, Plaintiffs’ counsel have represented that they have several unexpected

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emergency filings this week, including a response to an emergency writ in the California Supreme

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Court, which have made filing their combined opposition and reply next Tuesday, May 29, 2018,

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extremely difficult;

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WHEREAS, the parties agree to a 10-day extension of Plaintiffs’ response deadline, along
with conforming extensions of Defendants’ reply deadline and the summary judgment hearing;
WHEREAS, the extensions do not change the remaining discovery and trial dates set in the
March 22, 2018 scheduling order (Dkt. 1194);
WHEREAS, the revised schedule continues to take into account the Court’s estimate that it

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will optimistically require 12 weeks to rule on the parties’ cross-motions for summary judgment

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(Dkt. 1139), and to maintain the parties’ previously requested 5-month interval between the ruling

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on summary judgment motions and trial (Dkt. 1142);

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WHEREAS, Federal Defendants and Defendant SRS Contractors agree to the revised

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schedule on the condition that any deposition of National Marine Fisheries Service employees

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Maria Rea or Dr. Eric Danner (see Dkt. 1239) will occur after summary judgment briefing

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concludes;

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WHEREAS, Defendants SRS Contractors agree to the revised schedule on the condition

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that any future modifications to the schedule will be based on a 30-day interval between the ruling

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on summary judgment motions and expert disclosures (Dkt. 1136), and 5 months between the

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ruling on summary judgment motions and trial;

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STIPULATION
NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the
following summary judgment briefing schedule:
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STIPULATION AND [PROPOSED] SCHEDULING ORDER
CASE NO. 1:05-CV-01207 LJO-EPG

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

Plaintiffs’ combined summary judgment opposition and reply: June 8, 2018

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Defendants’ summary judgment replies: June 26, 2018

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Hearing on motions for summary judgment: July 10, 2018

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Counsel for Plaintiffs and Defendants hereby further stipulate that, if the depositions of

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National Marine Fisheries Service employees Maria Rea and Dr. Eric Danner are ordered

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to proceed, those depositions will occur after summary judgment briefing concludes.

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DATED: May 24, 2018

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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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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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NINA C. ROBERTSON (SBN 276079)
MARIE E. LOGAN (SBN 308228)
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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/s/ Barbara J. Chisholm
Barbara J. Chisholm

DATED: May 24, 2018

/s/ Nicole M. Smith (as authorized on May 24, 2018)

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Nicole M. Smith

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U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT & NATURAL RESOURCES
DIVISION

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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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 24, 2018

/s/ Meredith Nikkel (as authorized on May 24, 2018)
Meredith Nikkel

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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 24, 2018
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/s/ Andrew Hitchings (as authorized on May 24,
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, David and Alice te Velde Family Trust, Knights
Landing Investors, LLC and Pelger Road 1700, LLC
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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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DATED: May 24, 2018

/s/ Daniel J. O’Hanlon (as authorized on May 24,
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 [PROPOSED] SCHEDULING ORDER
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 the following
summary judgment briefing schedule is established.

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

Plaintiffs’ combined summary judgment opposition and reply: June 8, 2018

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

Defendants’ summary judgment replies: June 26, 2018

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

Hearing on motions for summary judgment: July 10, 2018

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 25, 2018

UNITED STATES CHIEF DISTRICT JUDGE
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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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