Stewart & Jasper Orchards et al v. United States Fish and Wildlife Service et al
Filing
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SECOND JOINT STIPULATION and ORDER Amending Schedule for Transmittal of Draft Smelt Biological Opinion, signed by District Judge Lawrence J. O'Neill on 11/1/11. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THE DELTA SMELT CASES
SAN LUIS & DELTA-MENDOTA
WATER AUTHORITY, et al. v.
SALAZAR, et al. (Case No. 1:09-cv-407)
STATE WATER CONTRACTORS v.
SALAZAR, et al. (Case No. 1:09-cv-422)
COALITION FOR A SUSTAINABLE
DELTA, et al. v. UNITED STATES FISH
AND WILDLIFE SERVICE, et al.
(Case No. 1:09-cv-480)
METROPOLITAN WATER DISTRICT v.
UNITED STATES FISH & WILDLIFE
SERVICE, et al. (Case No. 1:09-cv-631)
STEWART & JASPER ORCHARDS,
et al. v. UNITED STATES FISH AND
WILDLIFE SERVICE, et al.
(Case No. 1:09-cv-892)
CASE NO. 1:09-cv-407-LJO-DLB
1:09-cv-422-LJO-DLB
1:09-cv-631-LJO-DLB
1:09-cv-892-LJO-GSA
PARTIALLY CONSOLIDATED WITH:
1:09-cv-480-LJO-GSA
1:09-cv-1201-LJO-DLB
SECOND JOINT STIPULATION AND
ORDER AMENDING SCHEDULE FOR
TRANSMITTAL OF DRAFT SMELT
BIOLOGICAL OPINION
Judge:
Honorable Lawrence J. O'Neill
FAMILY FARM ALLIANCE v.
SALAZAR, et al. (Case No. 09-cv-1201)
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-1SECOND JOINT STIPULATION AND ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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RECITALS
1.
On May 19, 2011, this Court entered its Amended Judgment in these Delta Smelt
Consolidated Cases requiring the United States Fish and Wildlife Service ("FWS") to "transmit to
[the Bureau of] Reclamation by October 1, 2011 a draft delta smelt Biological Opinion consistent
with the requirements of law." (Amended Judgment, Doc. 884 at 3:18-19.)
2.
On September 30, 2011, this Court vacated the October 1, 2011 deadline in the
Amended Judgment (Doc. 884) for transmittal of the draft delta smelt Biological Opinion (“draft
BiOp”). (Doc. 1061.) The Court ordered instead that by October 31, 2011 the parties file a
written report stating whether the parties have jointly agreed upon a revised completion date for
the draft BiOp. The Court further ordered that failing such agreement, the draft BiOp was to be
transmitted by November 11, 2011.
3.
Since the Court's order, a number of the parties have engaged in discussions
regarding a restructuring of the consultation process and a new deadline for the draft BiOp, but
have not yet reached agreement. However, these parties would like to continue these discussions,
and agree they need more time beyond October 31, 2011 to complete discussions and potentially
reach agreement.
Good cause exists for the granting of the below requested schedule change for transmittal
of the draft BiOp, and the parties respectfully request that the dates set by this Court be modified
as shown below.
STIPULATION
Plaintiffs San Luis & Delta-Mendota Water Authority, Westlands Water District, State
Water Contractors, Metropolitan Water District of Southern California, Coalition for a
Sustainable Delta, Kern County Water Agency, Stewart & Jasper Orchards, Arroyo Farms, LLC,
King Pistachio Grove, and Family Farm Alliance ("Plaintiffs"), Plaintiff-Intervenor California
Department of Water Resources ("DWR"), Federal Defendants, and Defendant-Intervenors
Natural Resources Defense Council and The Bay Institute by and through their respective
counsel, hereby stipulate and agree as follows:
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-2SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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1.
The October 31, 2011 and November 11, 2011 deadlines in the Court's previous
order (Doc. 1061) should be hereby vacated to allow time for further discussions between now
and December 2, 2011.
2.
By December 2, 2011, the parties shall file with the Court a written report,
preferably a joint report, stating whether the parties have jointly agreed to a remand schedule. .
3.
If there is not agreement among all parties, then the draft BiOp shall be transmitted
no later than December 14, 2011.
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SO STIPULATED.
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Dated: October 31, 2011
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H. CRAIG MANSON
Westlands Water District
DIEPENBROCK ELKIN, LLP
KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD
A Professional Corporation
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By
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/s/ Daniel J. O'Hanlon
DANIEL J. O’HANLON
EILEEN M. DIEPENBROCK
Attorneys for Plaintiffs
SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY and WESTLANDS WATER
DISTRICT
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Dated: October 31, 2011
BROWNSTEIN HYATT FARBER SCHRECK LLP
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By:
/s/ Steve O. Sims
STEVE O. SIMS
MICHELLE C. KALES
Attorneys for Plaintiff
WESTLANDS WATER DISTRICT
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-3SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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Dated: October 31, 2011
BEST BEST & KRIEGER LLP
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By:
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Dated: October 31, 2011
lsl Steven M. Anderson
GREGORY K. WILKINSON
STEVEN M. ANDERSON
PAETER E. GARCIA
MELISSA R. CUSHMAN
Attorneys for Plaintiff
STATE WATER CONTRACTORS
NOSSAMAN LLP
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By:
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lsl Paul S. Weiland
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ROBERT D. THORNTON
PAUL S. WEILAND
AUDREY HUANG
Attorneys for Plaintiffs
COALITION FOR A SUSTAINABLE DELTA
and KERN COUNTY WATER AGENCY
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Dated: October 31, 2011
MORRISON & FOERSTER LLP
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By: _/s/ William M. Sloan_____________________
CHRISTOPHER J. CARR
WILLIAM M. SLOAN
Attorneys for Plaintiff
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA
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-4SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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Dated: October 31, 2011
PACIFIC LEGAL FOUNDATION
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By: _/s/ Brandon M. Middleton________________
M. REED HOPPER
DAMIEN M. SCHIFF
BRANDON M. MIDDLETON
Attorneys for Plaintiffs
STEWART & JASPER ORCHARDS;
ARROYO FARMS, LLC; and KING
PISTACHIO GROVE
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Dated: October 31, 2011
THE BRENDA DAVIS LAW GROUP
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By: _/s/ Brenda W. Davis_____________________
BRENDA W. DAVIS
LESLIE R. WAGLEY
Attorneys For Plaintiff
FAMILY FARM ALLIANCE
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Dated: October 31, 2011
KAMALA D. HARRIS, ATTORNEY GENERAL
OF THE STATE OF CALIFORNIA
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By: _/s/ Clifford T. Lee______________________
CLIFFORD T. LEE
CECILIA L. DENNIS
MICHAEL M. EDSON
ALLISON GOLDSMITH
Deputies Attorney General
Attorneys for Plaintiff-In-Intervention
CALIFORNIA DEPARTMENT OF WATER
RESOURCES
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-5SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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Dated: October 31, 2011
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IGNACIA S. MORENO, ASSISTANT ATTORNEY
GENERAL
United States Department of Justice, Environmental
& Natural Resources Division
SETH M. BARSKY, CHIEF
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By: _/s/ S. Jay Govindan_____________________
S. JAY GOVINDAN
Wildlife & Marine Resources Section
Attorneys for FEDERAL DEFENDANTS
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Dated: October 31, 2011
NATURAL RESOURCES DEFENSE COUNCIL
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By: _/s/ Katherine Poole____________________
KATHERINE POOLE
DOUG OBEGI
Attorneys for Defendant-Intervenor NATURAL
RESOURCES DEFENSE COUNCIL
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Dated: October 31, 2011
EARTH JUSTICE
By: _/s/ Trent W. ___________________________
TRENT W. ORR
GEORGE M. TORGUN
Attorneys for Defendant-Intervenors
NATURAL RESOURCES DEFENSE
COUNCIL; THE BAY INSTITUTE
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-6SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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ORDER
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Based on the stipulation of the above parties, the Court hereby vacates the previously
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ordered October 31, 2011 deadline for submission of a written status report, and the alternative
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November 11, 2011 deadline for transmittal of the draft delta smelt Biological Opinion ("draft
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BiOp"). By December 2, 2011, the parties shall file with the Court a written report, preferably a
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joint report, stating whether the parties have jointly agreed upon the three items listed above in
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the stipulation. If there is not agreement among all parties on these items, then the draft BiOp
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shall be transmitted no later than December 14, 2011.
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IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill
November 1, 2011
UNITED STATES DISTRICT JUDGE
DEAC_Sig nature-END:
b9ed48bb
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-1SECOND JOINT STIPULATION AND ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP
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