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

Filing 195

STIPULATION and ORDER Re Pretrial Conference and Motions in Limine, signed by Judge Oliver W. Wanger on 11/9/2010. (Oppositions to the plaintiffs motions in limine shall be filed by noon, 11/122010, Defendant-interveners Central Delta Water Agenc y et al.s opposition to the plaintiffs motion in limine shall be filed by noon on 11/15/2010, Plaintiffs replies to all oppositions shall be filed by 11/12/2010, Plaintiffs will provide the State defendant and the defendant-interveners with a draft o f the joint elements (e.g. undisputed facts) of the Joint Pre-Trial Statement by noon 11/11/2010, The State defendant and the defendant-interveners will provide the plaintiffs with the State defendants separate elements of the Joint Pre-Trial Stateme nt (e.g. exhibit lists) by noon 11/18/2010, but not the States witness list, which was exchanged 10/25, Plaintiff's will provide the State defendant and the defendant-interveners with a final review draft of the Joint Pre-Trial Conference Statement by 4:00 p.m. on 11/19/2010, Motions in Limine and Pretrial Conference previously set for 11/22/2010 have been CONTINUED to 11/29/2010 at 02:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.)(Gaumnitz, R)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California SARA J. RUSSELL Supervising Deputy Attorney General DEBORAH A.WORDHAM, State Bar No. 180508 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 John McCamman, Director 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-GSA (Related to Case Nos. 1:05-CV-022-GSA and 1:06-CV-00245-OWW-GSA)

v.

STIPULATION and ORDER RE PREPlaintiffs, TRIAL CONFERENCE AND MOTIONS IN LIMINE Judge Trial Date The Honorable Oliver W. Wanger January 25, 2011

JOHN McCAMMAN, in his official capacity as Acting Director, California Department of Fish and Game, Defendants. CENTRAL DELTA WATER AGENCY, et al. Defendants-Interveners,

CALIFORNIA SPORTSFISHING PROTECTION ALLIANCE, et al. Defendants-Interveners, 1
Stipulation And Order Re Pre-Trial Conference And Motions In Limine

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WHEREAS, the Court has presently scheduled a pre-trial conference in the above-entitled matter for November 22, 2010 at 11:00 a.m., and WHEREAS, the counsel for Defendant-interveners Central Delta Water Agency, South Delta Water Agency, Honker Cut Marine, Inc., Rudy Mussi, and Robert Souza has informed counsel for all parties that he has a scheduling conflict with the November 22, 2010 pre-trial conference date, and WHEREAS, the plaintiffs have filed with this Court three separate motions in limine against the State defendant, and said motions are presently scheduled for hearing on November 22, 2010, and WHEREAS, the plaintiffs have filed with this Court a motion in limine against defendantinterveners Central Delta Water Agency, et al., and said motion is presently scheduled for hearing on November 29, 2010 and WHEREAS, all parties reserve the right to file motions in limine for hearing after the pretrial conference, NOW, THEREFORE, the plaintiffs, the State defendant, Defendant-interveners Central Delta Water Agency, South Delta Water Agency, Honker Cut Marine, Inc., Rudy Mussi, and Robert Souza, and Defendant-interveners California Sportfishing Protection Alliance, California Striped Bass Association, and the Northern California Council of Federation of Fly Fishers, stipulate and agree, through their respective counsel of record and subject to the approval of the Court, as follows: Plaintiffs' Motions in Limine 1. The hearing on the plaintiffs' four motions in limine shall be continued to

November 29, 2010 at 2:00 p.m. 2. The State defendant's oppositions to the plaintiffs' motions in limine shall be filed by

noon, November 12, 2010. 3. Defendant-interveners Central Delta Water Agency et al.'s opposition to the

plaintiffs' motion in limine shall be filed by noon on November 15, 2010. 2
Stipulation And Order Re Pre-Trial Conference And Motions In Limine

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4.

Plaintiffs' replies to all oppositions shall be filed by November 22, 2010.

Pretrial Conference 5. The pre-trial conference currently scheduled for November 22, 2010, shall be

continued to November 29, 2010 at 2:00 p.m. 6. Plaintiffs will provide the State defendant and the defendant-interveners with a draft

of the "joint elements" (e.g. undisputed facts) of the Joint Pre-Trial Statement by noon, November 11, 2010. 7. The State defendant and the defendant-interveners will provide the plaintiffs with the

State defendant's "separate elements" of the Joint Pre-Trial Statement (e.g. exhibit lists) by noon November 18, 2010, but not the State's witness list, which was exchanged October 25.1 8. Assuming defendants timely provide their "separate elements" and the parties are

able to reach agreement on the "joint elements," plaintiffs will provide the State defendant and the defendant-interveners with a final review draft of the Joint Pre-Trial Conference Statement by 4:00 p.m. on November 19, 2010.

The defendant-interveners contend that they were not required to exchange their witness lists on October 25, 2010 and may still do so until November 18, 2010. Plaintiffs contend that all parties were required to exchange witness lists on October 25, 2010. 3
Stipulation And Order Re Pre-Trial Conference And Motions In Limine

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Dated: November 8, 2010

EDMUND G. BROWN JR. ATTORNEY GENERAL OF CALIFORNIA CLIFFORD T. LEE DEBORAH A. WORDHAM DANIEL M. FUCHS DEPUTY ATTORNEYS GENERAL

By: /s/ Daniel M. Fuchs DANIEL M. FUCHS DEPUTY ATTORNEY GENERAL ATTORNEYS FOR DEFENDANT JOHN MCCAMMAN, DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME Dated: November 8, 2010 NOSSAMAN LLP ROBERT D. THORNTON PAUL S. WEILAND HENRY S. WEINSTOCK BENJAMIN Z. RUBIN

By: /s/ Henry S. Weinstock (As authorized 11/05/10) HENRY S. WEINSTOCK ATTORNEYS FOR PLAINTIFFS COALITION FOR A SUSTAINABLE DELTA, ET

AL.

Dated: November 8, 2010

NOMELLINI, GRILLI & MCDANIEL PROFESSIONAL LAW CORPORATION

By: /s/ Daniel A. McDaniel (As authorized 11/05/10) DANIEL A. MCDANIEL ATTORNEYS FOR DEFENDANTS IN INTERVENTION CENTRAL DELTA WATER AGENCY, ET AL.

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Stipulation And Order Re Pre-Trial Conference And Motions In Limine

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Dated: November 8, 2010

MICHAEL B. JACKSON

By: /s/ Michael B. Jackson (As authorized 11/08/10) MICHAEL B. JACKSON ATTORNEYS FOR DEFENDANTS IN INTERVENTION CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, ET AL.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

November 9, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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Stipulation And Order Re Pre-Trial Conference And Motions In Limine

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