Coalition for a Sustainable Delta et al v. Carlson et al

Filing 176

STIPULATION and ORDER continuing the Settlement Conference currently set for 9/16/2010 to 10/21/2010 at 10:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 9/10/2010. (Timken, A)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California DEBORAH A. WORDHAM, State Bar No. 180508 Deputy Attorney General DANIEL FUCHS, State Bar No. 179033 Deputy Attorney General CLIFFORD T. LEE, State Bar No. 74687 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant John McCamman, Director, California Department of Fish & Game IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

COALITION FOR A SUSTAINABLE DELTA, BELRIDGE WATER STORAGE DISTRICT, BERRENDA MESA WATER DISTRICT, LOST HILLS WATER DISTRICT, WHEELER RIDGE-MARICOPA WATER STORAGE DISTRICT, AND DEE DILLON,

1:08-CV-00397-OWW-SKO (Related to Case Nos. 1:05-CV-022-GSA and 1:06-CV-00245-OWW-GSA) STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT CONFERENCE DATE September 16, 2010 10:30 a.m. 3 The Honorable Oliver W. Wanger Settlement Judge: The Honorable Sheila K. Oberto Trial Date: January 25, 2011

v.

JOHN McCAMMAN, DIRECTOR, CALIFORNIA DEPARTMENT OF FISH AND GAME,

PLAINTIFFS, Date: Time: Courtroom: Judge:

DEFENDANT, CENTRAL DELTA WATER AGENCY,
ET AL.

DEFENDANTS-INTERVENORS, CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, ET AL., DEFENDANTS-INTERVENORS.

Stipulation and [Proposed] Order Continuing Settlement Conference Date (1:08-CV-00397-OWW-SKO)

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STIPULATION All parties to this action hereby stipulate and agree as follows: A. Whereas the mandatory settlement conference date in this matter is now set for

September 16, 2010 before the Honorable Sheila K. Oberto; B. Whereas Defendant John McCamman, Director, California Department of Fish and

Game ("State Defendant") has taken steps to consider settlement options in this case, but is not able to make a substantive settlement offer at this time; C. Whereas the State Defendant anticipates (but cannot guarantee) that he will be able to

make a substantive settlement offer if given approximately 30 (thirty) additional days to prepare one; D. Whereas Plaintiffs Coalition for a Sustainable Delta, Belridge Water Storage District,

Berrenda Mesa Water District, Lost Hills Water District, Wheeler Ridge-Maricopa Water Storage District, and Dee Dillon ("Plaintiffs") are amenable to continuing the settlement conference date to provide the State Defendant additional time to prepare a substantive settlement offer; E. Whereas Defendants in Intervention Central Delta Water Agency, South Delta Water

Agency, Honker Cut Marine, Inc., Rudy Mussi, and Robert Souza, and Defendant in Intervention California Sportfishing Protection Alliance have also agreed to the requested continuance; F. Whereas the State Defendant is not seeking to alter any other deadline in the case and

will make a concerted, good faith effort to be prepared for the continued settlement conference; G. Whereas counsel for all parties are available for a settlement conference on

October 21, 2010, and have been informed that the Court is also available that date. Now, therefore, the parties agree as follows: 1. The parties agree and respectfully request that the settlement conference date of

September 16, 2010 should be vacated and re-set to October 21, 2010, at 10:30 a.m. /// /// 1
Stipulation and [Proposed] Order Continuing Settlement Conference Date (1:08-CV-00397-OWW-SKO)

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Dated: September 9, 2010

EDMUND G. BROWN JR. ATTORNEY GENERAL OF CALIFORNIA CLIFFORD T. LEE DEBORAH A. WORDHAM DANIEL M. FUCHS DEPUTY ATTORNEYS GENERAL /s/ DANIEL M. FUCHS (as authorized on 09/09/10) DANIEL M. FUCHS DEPUTY ATTORNEY GENERAL Attorneys for Defendant John McCamman, Director of the California Department of Fish and Game

Dated: September 9, 2010

NOSSAMAN LLP ROBERT D. THORNTON PAUL S. WEILAND HENRY S. WEINSTOCK BENJAMIN Z. RUBIN /s/ PAUL S. WEILAND (as authorized on 09/09/10) PAUL S. WEILAND Attorneys for Plaintiffs Coalition for a Sustainable Delta, et al.

Dated: September 9, 2010

NOMELLINI, GRILLI & MCDANIEL PROFESSIONAL LAW CORPORATION /s/ DANIEL A. MCDANIEL (as authorized on 09/09/10) DANIEL A. MCDANIEL Attorneys for Defendants in Intervention Central Delta Water Agency, et al.

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Stipulation and [Proposed] Order Continuing Settlement Conference Date (1:08-CV-00397-OWW-SKO)

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Dated: September 9, 2010

MICHAEL B. JACKSON /s/ MICHAEL B. JACKSON (as authorized 09/09/10) MICHAEL B. JACKSON Attorneys for Defendants in Intervention California Sportfishing Protection Alliance, et al.

ORDER

FOR GOOD CAUSE SHOWN, 1. The settlement conference date of September 16, 2010 is hereby VACATED. The

settlement conference is set for 10:30 a.m. on October 21, 2010.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

September 10, 2010

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation and [Proposed] Order Continuing Settlement Conference Date (1:08-CV-00397-OWW-SKO)