Coalition for a Sustainable Delta et al v. United States Fish and Wildlife Service et al

Filing 108

STIPULATION and ORDER STAYING Discovery pending the ruling of the Motion to Dismiss, signed by Judge Oliver W. Wanger on 1/15/2010. (Kusamura, W)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IGNACIA S. MORENO Assistant Attorney General KEVIN W. McARDLE, Trial Attorney (D.C. Bar No. 454569) (Counsel for Service) United States Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) COALITION FOR A SUSTAINABLE DELTA and ) KERN COUNTY WATER AGENCY, ) ) No: 1:09-cv-02024-OWW-DLB Plaintiffs, ) ) v. ) JOINT STIPULATION AND ) ORDER STAYING DISCOVERY FEDERAL EMERGENCY MANAGEMENT ) PENDING RULING ON MOTION AGENCY and WILLIAM CRAIG FUGATE, ) TO DISMISS in his official capacity as Administrator of the ) Federal Emergency Management Agency, ) ) Defendants. )

Pursuant to L.R. 143, Plaintiffs and Defendants, by and through undersigned counsel, stipulate to stay all discovery in this action pending the Court's ruling on Defendants' Motion to Dismiss (Dkt. #102), as set forth below. RECITALS WHEREAS, on December 22, 2009, Plaintiff Coalition for a Sustainable Delta served its First Request for Production of Documents and First Set of Interrogatories Propounded on Defendant Federal Emergency Management Agency (the "Coalition's Discovery Requests"); WHEREAS, on January 5, 2010, Defendants filed their Motion to Dismiss (Dkt. #102), which is set for hearing on March 15, 2010;

J o in t Stip. and Order Staying Discovery

C a s e No. 1:09-cv-2024-OW W -G S A

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

WHEREAS, on January 7, 2010, Defendants filed their Motion to Stay Discovery Pending Ruling on Motion to Dismiss (Dkt. #105) ("Motion to Stay"), which is also set for hearing on March 15, 2010; WHEREAS, the parties have conferred and agree that a stay of discovery pending the Court's ruling on Defendants' Motion to Dismiss is appropriate and will conserve resources by avoiding the need for further briefing and a hearing upon Defendants' Motion to Stay. THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS: 1. All discovery in this action, including the due date for Defendants' response to the

Coalition's Discovery Requests, shall be stayed pending the Court's ruling on Defendants' Motion to Dismiss. 2. Upon filing and Court approval of this Stipulation, Defendants shall withdraw their

Motion to Stay Discovery Pending Ruling On Motion to Dismiss.

Respectfully submitted this 15th day of January, 2010. IGNACIA S. MORENO Assistant Attorney General /s/ Kevin W. McArdle KEVIN W. McARDLE, Trial Attorney DC Bar # 454569 United States Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants

23 24 25 26 27 28
J o in t Stip. and Order Staying Discovery C a s e No. 1:09-cv-2024-OW W -G S A

NOSSAMAN LLP ROBERT D. THORNTON PAUL S. WEILAND AUDREY HUANG /s/ Paul S. Weiland Attorneys for Plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency

2

1 2

KERN COUNTY WATER AGENCY AMELIA T. MINABERRIGARAI /s/ Amelia T. Minaberrigari

3 Attorney for Plaintiff Kern County Water Agency 4 5 IT IS SO ORDERED. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
J o in t Stip. and Order Staying Discovery C a s e No. 1:09-cv-2024-OW W -G S A

Dated: January 15, 2010 emm0d6

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

3