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

Filing 333

ORDER Pursuant to Status Conference Held on March 16, 2010 re Case Schedule 283 , signed by Judge Oliver W. Wanger on 5/5/2010. (Arellano, S.)

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DIEPENBROCK HARRISON A PROFESSIONAL CORPORATION

COUNSEL IDENTIFICATION AT END

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CONSOLIDATED SALMON CASES SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, et al. v. GARY F. LOCKE, et al. (Case No. 1:09-cv-1053) STOCKTON EAST WATER DISTRICT v. NOAA, et al. (Case No. 1:09-cv-1090) STATE WATER CONTRACTORS v. GARY F. LOCKE, et al. (Case No. 1:09-cv-1378) KERN COUNTY WATER AGENCY, et al. v. U.S. DEPARTMENT OF COMMERCE, et al. (Case No. 1:09-cv-1520) OAKDALE IRRIGATION DISTRICT, et al. v. U.S. DEPARTMENT OF COMMERCE, et al. (Case No. 1:09-cv-2452) METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA v. NMFS, et al. (Case No. 1:09-cv-1625) CASE NOS. 1:09-cv-1053-OWW-DLB 1:09-cv-1090-OWW-DLB 1:09-cv-1378-OWW-DLB 1:09-cv-1520-OWW-DLB 1:09-cv-2452-OWW-DLB 1:09-cv-1625-OWW-SMS ORDER PURSUANT TO STATUS CONFERENCE HELD ON MARCH 16, 2010 RE CASE SCHEDULE

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-1Order Re March 16, 2010 Status Conference

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DIEPENBROCK HARRISON A PROFESSIONAL CORPORATION

[PROPOSED] ORDER The Court held a scheduling conference in this consolidated actions on March 16, 2010. Plaintiffs San Luis & Delta-Mendota Water Authority and Westlands Water District were represented by Diepenbrock Harrison by Eileen M. Diepenbrock and Kronick, Moskovitz, Tiedemann & Girard by Daniel J. O'Hanlon, Esq. Plaintiff Westlands Water District also was represented by Thomas W. Birmingham. The California Department of Water Resources was represented by Deputy Attorney General Clifford T. Lee. State Water Contractors were represented by Best, Best & Krieger, by Gregory K. Wilkinson, Esq. Metropolitan Water District of Southern California was represented by Morrison & Foerster, by Christopher J. Carr, Esq. Kern County Water Agency and Coalition for a Sustainable Delta were represented by Nossaman LLP, by Paul Weiland Esq. Oakdale Irrigation District and South San Joaquin Irrigation District were represented by O'Laughlin & Paris LLP, by William C. Paris, Esq. Stockton East Water District was represented by Herum Crabtree by Jennifer L. Spaletta, Esq. Federal Defendants, including the Secretary of the United States Department of Commerce, Gary F. Locke, the United States Department of Commerce, National Oceanic and Atmospheric Administration's ("NOAA") National Marine Fisheries Service ("NMFS), Assistant Administrator Eric C. Schwaab1, Administrator for the Southwest Region Rodney R. McInnis, the United States Department of the Interior, Untied States Bureau of Reclamation ("Reclamation"), Commissioner of Reclamation Michael L. Connor, and Donald R. Glaser, as Director of Reclamation, MidPacific Region were represented by Bridget Kennedy McNeil, Trial Attorney, Wildlife and Marine Section, and William J. Shapiro, Trial Attorney, Natural Resources Section, U.S. Department of Justice. Defendant-Intervenors California Trout, Friends of the River, Natural Resources Defense Council, Northern California Council of the Federation of Fishermen's Associations/Institute for Fisheries Resources, Sacramento River Preservation Trust, San Francisco Baykeeper, The Bay Institute, and Winnemem Wintu Tribe were represented by Earthjustice, by Erin M. Tobin and Michael R. Sherwood.
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Defendant-Intervenor Natural

Eric C. Schwaab was appointed Assistant Administrator for Fisheries in February 2010. He is automatically substituted for his predecessor, James Balsiger, pursuant to Fed.R.Civ.P. 25(d). {00223944; 4} -2Order Re March 16, 2010 Status Conference

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DIEPENBROCK HARRISON A PROFESSIONAL CORPORATION

Resources Defense Council was represented by Katherine S. Poole and Doug A. Obegi, Natural Resources Defense Council. The purpose of the conference was to address the filing and hearing for motions for summary judgment. The parties and the Court discussed the timing for briefing and hearing regarding the anticipated motion for summary judgment. After discussion with the parties, the Court HEREBY ORDERES THAT: 1. 2. A further status conference is set for May 12, 2010 at 12:00 p.m. Plaintiffs shall file their motion for summary judgment on July 6, 2010. Any

papers filed in opposition to the motion for summary judgment will be filed by August 10, 2010. Also on August 10, 2010, any cross-motions shall be filed by the defendants and the intervenordefendants. Plaintiffs' reply in support of their summary judgment motion, as well as any opposition to any cross-motion for summary judgment filed by defendants and the intervenordefendants, shall be filed by September 3, 2010. Defendants' and intervenor-defendants' reply on any cross-motions shall be filed by September 22, 2010. 3. The hearing on the parties' motion(s) for summary judgment is set for October

21-22, 2010 commencing at 9:00 a.m. each day.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

May 5, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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-3Order Re March 16, 2010 Status Conference