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

Filing 391

STIPULATION and ORDER Amending Summary Judgment Schedule, signed by Judge Oliver W. Wanger on 6/7/2010. ( Plaintiffs and Plaintiff-in-Intervention California Department of Water Resources (DWR) shall file any motions regarding party experts by Ju ne 4, 2010. Federal Defendants and Defendant Intervenors shall file any opposition to motions regarding party experts by June 18, 2010. Plaintiffs and DWR shall file any reply to motions regarding party experts by June 25, 2010. Motion For Party E xperts set for 7/8/2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs and DWR shall file their motions for summary judgment by August 6, 2010. Federal Defendants and Defendant Intervenors shall file any opposition to motions for summary judgment and any cross-motions for summary judgment by September 13, 2010. Plaintiffs and DWR shall file any reply to motions for summary judgment and oppositions to cross-motions for summary judgment by October 4, 2010. Federal Defendants and Defendant Intervenors shall file replies to cross-motions for summary judgment by October 25, 2010. Motions For Summary Judgment set for 11/18/2010 and 11/19/2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R)

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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 STIPULATION AND ORDER AMENDING SUMMARY JUDGMENT SCHEDULE Judge: Honorable Oliver W. Wanger

{00237286; 1} STIPULATION AND ORDER AMENDING SUMMARY JUDGMENT SCHEDULE

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DIEPENBROCK HARRISON A PROFESSIONAL CORPORATION

WHEREAS the Hearing in the Consolidated Delta Smelt Cases on Plaintiffs' Motion for Summary Judgment is continued to July 8 and 9, 2010, all parties in this action, by and through their respective counsel of record, as identified below, hereby stipulate to amend the briefing and hearing schedule on the cross-motions for summary judgment as follows: 1. Plaintiffs and Plaintiff-in-Intervention California Department of Water Resources

("DWR") shall file any motions regarding party experts by June 4, 2010. 2. Federal Defendants and Defendant Intervenors shall file any opposition to motions

regarding party experts by June 18, 2010. 3. 25, 2010. 4. The hearing on the parties' motion for party experts shall be held on July 8, 2010, Plaintiffs and DWR shall file any reply to motions regarding party experts by June

commencing at 9:00 a.m. 5. 2010. 6. Federal Defendants and Defendant Intervenors shall file any opposition to motions Plaintiffs and DWR shall file their motions for summary judgment by August 6,

for summary judgment and any cross-motions for summary judgment by September 13, 2010. 7. Plaintiffs and DWR shall file any reply to motions for summary judgment and

oppositions to cross-motions for summary judgment by October 4, 2010. 8. Federal Defendants and Defendant Intervenors shall file replies to cross-motions

for summary judgment by October 25, 2010. 9. The hearing on the parties' motions for summary judgment is continued to

November 18-19, 2010, commencing at 9:00 a.m. Extended time has been reserved on the Court's calendar for the hearing. Federal Defendants and Defendant Intervenors do not oppose, in principal, the extensions of the briefing and hearing schedule set forth above, but are concerned that the proposed adjustments could delay resolution of the merits to the point that a second round of preliminary injunctive relief may be sought. In the event such motions are filed, Federal Defendants and Defendant Intervenors would oppose the appropriateness of those motions based on scheduling
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-1STIPULATION AND ORDER AMENDING SUMMARY JUDGMENT SCHEDULE

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DIEPENBROCK HARRISON A PROFESSIONAL CORPORATION

concerns and reserve the right to seek relief from the briefing schedule presented in this stipulation. Plaintiffs and DWR acknowledge this reservation, but do not agree that any such opposition or relief from the above briefing schedule would be necessary or appropriate. SO STIPULATED Dated: June 3, 2010 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: June 3, 2010 WESTLANDS WATER DISTRICT

By: : /s/_[Thomas W. Birmingham] (as authorized) THOMAS W. BIRMINHAM Attorneys for Plaintiff WESTLANDS WATER DISTRICT

Dated: June 3, 2010

EDMUND G. BROWN JR., ATTORNEY
GENERAL OF THE STATE OF CALIFORNIA By: /s/ [Cecilia L. Dennis] (as authorized) CLIFFORD T. LEE CECILIA L. DENNIS ALLISON GOLDSMITH Deputies Attorney General Attorneys for Plaintiff in Intervention CALIFORNIA DEPARTMENT OF WATER RESOURCES

Dated: June 3, 2010

BEST BEST & KRIEGER, LLP

By: : /s/_[Steven M. Anderson] (as authorized) GREGORY K. WILKINGSON STEVEN M. ANDERSON Attorneys for Plaintiff STATE WATER CONTRACTORS
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Dated: June 3, 2010

O'LAUGHLIN & PARIS, LLP

By: : /s/_[William C. Paris] (as authorized) WILLIAM C. PARIS Attorneys for Plaintiff OAKDALE IRRIGATION DISTRICT and SOUTH SAN JOAQUIN IRRIGATION DISTRICT Dated: June 3, 2010 MORRISON & FOERSTER, LLP

By: : /s/_[Christopher J. Carr] (as authorized) CHRISTOPHER J. CARR WILLIAM M. SLOAN Attorneys for Plaintiff METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Dated: June 3, 2010 HERUM CRABTREE

By: : /s/_[Jennifer Spaletta] (as authorized) JENNIFER SPALETTA Attorneys for Plaintiff STOCKTON EAST WATER DISTRICT Dated: June 3, 2010 NOSSAMAN LLP

By: /s/ [Paul S. WeilandI] (as authorized) PAUL S. WEILAND AUDREY HUANG Attorneys for Plaintiffs' KERN COUNTY WATER AGENCY and COALITION FOR A SUSTAINABLE DELTA

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Dated: June 3, 2010

BRIDGET KENNEDY McNEIL, Trial Attorney BRADLEY H. OLIPHANT, Trial Attorney WILLIAM SHAPIRO, Trial Attorney By: /s/ [Bridget Kennedy McNeil] (as authorized) BRIDGET KENNEDY McNEIL, Trial Attorney (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] BRADLEY H. OLIPHANT (CA Bar No. 216468 ) U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section P.O. Box 7369 Washington D.C. 20044-7369 Ph: 202.305.0500 / 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

Dated: June 3, 2010

EARTHJUSTICE By: /s/ [Erin M. Tobin] (as authorized) MICHAEL R. SHERWOOD ERIN M. TOBIN Attorneys for Defendant-Intervenors CALIFORNIA TROUT, FRIENDS OF THE RIVER, NATURAL RESOURCES DEFENSE COUNCIL, NORTHERN CALIFORNIA COUNCIL OF THE FEDERATION OF FLY FISHERS, PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS/INSITITUTE FOR FISHERIES RESOURCES, SACRAMENTO RIVER PRESERVATION TRUST, SAN FRANCISCO BAYKEEPER, THE BAY INSTITUTE, WINNEMEM WINTU TRIBE

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-4STIPULATION AND ORDER AMENDING SUMMARY JUDGMENT SCHEDULE

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DIEPENBROCK HARRISON A PROFESSIONAL CORPORATION

Dated: June 3, 2010

NATURAL RESOURCES DEFENSE COUNCIL By: /s/ [Katherine S. Poole] (as authorized) KATHERINE S. POOLE DOUG OBEGI Natural Resources Defense Council Attorneys for Defendant-Intervenor NRDC

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

June 7, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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