San Luis & Delta-Mendota Water Authority et al v. Locke et al

Filing 124

STIPULATION and ORDER To Extend Time To File Responsive Pleading, signed by Judge Oliver W. Wanger on 12/23/2009. (IT IS SO ORDERED that in consideration of DWRs intent to file a complaint in intervention, DWRs time to file a responsive pleading to the Amended Complaint shall be extended so that DWRs responsive pleadings, if any, may be filed and served by no later than 2/5/2010.) (Gaumnitz, R)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California JOHN DAVIDSON, State Bar No. 50364 Supervising Deputy Attorney General CLIFFORD T. LEE, State Bar No. 74687 Deputy Attorney General MICHAEL EDSON, State Bar No. 177858 Deputy Attorney General DANIEL S. HARRIS, State Bar No. 157433 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Real Parties in Interest California Department of Water Resources (DWR) and Lester Snow, Director of DWR IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT v. GARY F. LOCKE, as Secretary of the United States Department of Commerce; et al. _____________________________________ STOCKTON EAST WATER DISTRICT, et al. v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, et al. _____________________________________ STATE WATER CONTRACTORS v. GARY F. LOCKE, Secretary, etc., et al. _____________________________________ KERN COUNTY WATER AGENCY, et al. v. UNITED STATES DEPARTMENT OF COMMERCE, et al. _____________________________________ OAKDALE IRRIGATION DISTRICT, et al. v. UNITED STATES DEPARTMENT OF COMMERCE, et al. _____________________________________ THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA v. NATIONAL MARINE FISHERIES SERVICE, et al. 1
STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING (1:09-CV-1053 OWW DLB)

1:09-cv-1053 OWW-DLB 1:09-cv-1090 OWW-DLB 1:09-cv-1378 OWW-DLB 1:09-cv-1520 OWW-SMS 1:09-cv-1580 OWW-DLB 1:09-cv-1625 OWW-SMS

STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING Judge: Honorable Oliver W. Wanger

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This Stipulation and Order to Extend Time to File Responsive Pleading is entered into by and between plaintiff State Water Contractors (SWC) and State Real Parties in Interest California Department of Water Resources (DWR) and DWR's Director, Lester Snow (collectively, DWR). The parties to this Stipulation hereby stipulate, by and through their respective counsel, as follows: WHEREAS, on or about December 10, 2009, SWC filed and served an Amended Complaint for Declaratory and Injunctive Relief (the Amended Complaint); WHEREAS, the Amended Complaint contains no new allegations relating to DWR as compared to SWC's original Complaint for Declaratory and Injunctive Relief, filed on or about August 6, 2009. DWR responded to the original SWC Complaint by Answer filed and served on September 16, 2009; WHEREAS, in response to this Court's comments in the Delta Smelt Cases pending in this Court, DWR is in the process of obtaining approval to file a complaint in intervention, which DWR intends to file by the end of January 2010. It is DWR's position that a response to the Amended Complaint will be unnecessary once DWR files a complaint in intervention; and WHEREAS, for protective purposes, the parties to this Stipulation would like to extend DWR's time to file a response to the Amended Complaint to February 5, 2010, by which time a complaint in intervention should be filed. THEREFORE, it is hereby stipulated that: In consideration of DWR's intent to file a complaint in intervention, DWR's time to file a responsive pleading to the Amended Complaint shall be extended so that DWR's responsive pleadings, if any, may be filed and served by no later than February 5, 2010. /// /// /// /// /// 2
STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING (1:09-CV-1053 OWW DLB)

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This Stipulation may be executed by facsimile or electronic signature and in counterparts, all of which, taken together, shall constitute a single stipulation. Dated: December 23, 2009 EDMUND G. BROWN JR. ATTORNEY GENERAL OF THE STATE OF CALIFORNIA /S/DANIEL S. HARRIS DANIEL S. HARRIS Deputy Attorney General Attorneys for Real Parties in Interest California Department of Water Resources and Lester Snow Dated: December 23, 2009 BEST, BEST & KREIGER LLP /s/GREGORY K. WILKINSON GREGORY K. WILKINSON Attorneys forPlaintiff State Water Contractors

ORDER Based upon the foregoing Stipulation and good cause appearing therefor, IT IS SO ORDERED that in consideration of DWR's intent to file a complaint in intervention, DWR's time to file a responsive pleading to the Amended Complaint shall be extended so that DWR's responsive pleadings, if any, may be filed and served by no later than February 5, 2010. Dated: December 23, 2009 /s/ OLIVER W. WANGER United States Senior District Court Judge

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STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING (1:09-CV-1053 OWW DLB)

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