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

Filing 33

STIPULATION and ORDER Extending Time for Defendants to Respond to Complaint, signed by Judge Oliver W. Wanger on 8/20/2009.(Answer Deadline: 9/4/2009) (Martin, S)

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DIEPENBROCK
A PROFESSIONAL CORPORATION

EILEEN M. DIEPENBROCK, State Bar No. 119254 JON D. RUBIN, State Bar No. 196944 JONATHAN R. MARZ, State Bar No. 221188 DIEPENBROCK HARRISON, A Professional Corporation 400 Capitol Mall, Suite 1800 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] DANIEL J. O'HANLON, State Bar No. 122380 BECKY DELL SHEEHAN, State Bar No. 201596 HANSPETER WALTER, State Bar No. 244847 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 400 Capitol Mall, 27th Floor Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT, Plaintiffs, v. GARY F. LOCKE, as Secretary of the United States Department of Commerce; UNITED STATES DEPARTMENT OF COMMERCE; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; JAMES W. BALSIGER, as Acting Assistant Administrator for Fisheries, National Marine Fisheries Service, National Oceanic and Atmospheric Administration; RODNEY R. McINNIS, as Administrator, Southwest Region, National Marine Fisheries Service, National Oceanic

CASE NO. 1:09-CV-1053-0WW-DLB

STIPULATION ANDORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT

Judge: Honorable Oliver W. Wanger

HARRISON

PLAINTIFFS' RESPONSE TO FEDERAL DEFENDANTS' MOTION TO CONSOLIDATE

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DIEPENBROCK
A PROFESSIONAL CORPORATION

and Atmospheric Administration; UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES BUREAU OF RECLAMATION; MICHAEL L. CONNOR, as Commissioner of the United States Bureau of Reclamation, United States Department of Interior; DONALD R. GLASER, as Director of the United States Bureau of Reclamation, Mid-Pacific Region, United States Department of the Interior, Defendants.

This Stipulation and [Proposed] Order Extending Time for Defendants to Respond to Complaint (Stipulation ) is entered into by and between Plaintiffs San Luis & Delta-Mendota " " Water Authority and Westlands Water District (Plaintiffs ) and Defendants Gary F. Locke; United " " States Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service; James Balsiger; Rodney R. McInnis; United States Department of Interior, United States Bureau of Reclamation; Michael L. Connor; Donald R. Glaser ( Federal " Defendants ). " The parties to this Stipulation hereby stipulate, by and through their respective counsel, as follows: WHEREAS, on or about June 16, 2009, Plaintiffs filed a complaint for declaratory relief and injunctive relief against Federal Defendants, and WHEREAS, the Federal Defendants were served with said complaint on or about June 19, 2009, and the current deadline to answer this complaint is August 21, 2009, and WHEREAS, Plaintiffs intend to file an amended complaint on or after October 5, 2009, THEREFORE, it is hereby stipulated that: In consideration of Plaintiffs' intent to file an amended complaint, the Federal Defendants' time to answer is extended to ten (10) days after the date of service of Plaintiffs' amended complaint. /// ///
-1STIPULATION AND [PROPOSED] ORDER RE: EXTENSION TO FILE RESPONSE

HARRISON

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DIEPENBROCK
A PROFESSIONAL CORPORATION

This Stipulation may be executed by facsimile or electronic signature and in counterparts, all of which, taken together, shall constitute a single stipulation. Dated: August 20, 2009 DIEPENBROCK HARRISON A Professional Corporation KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD, A Law Corporation By: /s/ [Eileen M. Diepenbrock] EILEEN M. DIEPENBROCK DANIEL J. O'HANLON Attorneys for Plaintiffs SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT

Dated: August 20, 2009

JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief LISA L. RUSSELL, Assistant Section Chief BRIDGET KENNEDY McNEIL, Trial Attorney By: /s/ [Bridget Kennedy McNeil] (as authorized) BRIDGET KENNEDY McNEIL (CO State Bar 034299) U.S. Department of Justice Environmental and Natural Resources Division Wildlife & Marine Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 Ph: 303-844-1484/Fax: [phone] [e-mail] WILLIAM J. SHAPIRO, Trial Attorney (CO State Bar 030929) U.S. Department of Justice Environmental and Natural Resources Division Natural Resources Section 501 I Street, Suite 9-700 Sacramento, CA 95814 Ph: 916-930-2207/ Fax: [phone] [e-mail] Attorneys for the Federal Defendants

-2STIPULATION AND [PROPOSED] ORDER RE: EXTENSION TO FILE RESPONSE

HARRISON

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DIEPENBROCK
A PROFESSIONAL CORPORATION

ORDER Based upon the foregoing Stipulation and good cause appearing therefor, IT IS SO ORDERED that in consideration of Plaintiffs' intent to file an amended complaint, the Federal Defendants' time to answer is extended to ten (10) days after the date of service of Plaintiffs' amended complaint.

Dated: 8/20/2009

/s/ OLIVER W. WANGER Honorable Oliver W. Wanger United States District Court

-3STIPULATION AND [PROPOSED] ORDER RE: EXTENSION TO FILE RESPONSE

HARRISON

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DIEPENBROCK
A PROFESSIONAL CORPORATION

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HARRISON