Pacific Coast Federation of Fishermen's Associations et al v. United States Department of the Interior et al

Filing 43

STIPULATION REQUESTING COURT ORDER ALLOWING THE FILING OF FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE signed by District Judge Lawrence J. O'Neill on December 3, 2012. (Munoz, I)

1 STEPHAN C. VOLKER (CSB #63093)
JOSHUA A. H. HARRIS (CSB #226898)
2 DANIEL GARRETT-STEINMAN (CSB #269146)
M. BENJAMIN EICHENBERG (CSB #270893)
3 LAW OFFICES OF STEPHAN C. VOLKER
436 14th Street, Suite 1300
4 Oakland, California 94612
Tel: [phone]
5 Fax: [phone]

10.524.02

6 Attorneys for Plaintiffs
PACIFIC COAST FEDERATION OF FISHERMEN’S
7 ASSOCIATIONS and SAN FRANCISCO CRAB BOAT
OWNERS ASSOCIATION, INC.
8
IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS and SAN
FRANCISCO CRAB BOAT OWNERS
ASSOCIATION, INC.,

)
)
)
)
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Plaintiffs,
)
)
v.
)
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UNITED STATES DEPARTMENT OF THE )
INTERIOR, and UNITED STATES
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BUREAU OF RECLAMATION,
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Defendants,
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WESTLANDS WATER DISTRICT, SAN
)
LUIS WATER DISTRICT, and PANOCHE
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WATER DISTRICT,
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Defendants-Intervenors. )
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Civ. No. 1:12-cv-01303 LJO-MJS
STIPULATION REQUESTING COURT
ORDER ALLOWING THE FILING OF
FIRST AMENDED COMPLAINT AND
SETTING A BRIEFING SCHEDULE FOR
MOTIONS TO DISMISS; ORDER THEREON
Magistrate Judge Hon. Michael J. Seng

The parties hereby stipulate to the filing to plaintiffs’ proposed First Amended Complaint and to

23 the following schedule for the filing and briefing of defendants’ motions to dismiss and based thereon,
24 respectfully request this Court’s Order approving this Stipulation:
25

1.

Defendants and defendant-intervenors do not oppose the filing of the First Amended

26 Complaint as proposed by plaintiffs in their motion to amend, filed October 26, 2012. Accordingly, the
27 Court may order that the First Amended Complaint be filed.
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2.

The First Amended Complaint moots defendants’ and defendant-intervenors’ motions to

STIPULATION REQUESTING COURT ORDER ALLOWING
FILING OF FIRST AMENDED COMPLAINT AND SETTING
A BRIEFING SCHEDULE FOR MOTIONS TO DISMISS;
[PROPOSED] ORDER THEREON

Case No. 1:12-cv-01303-LJO-MJS

1 dismiss the original Complaint. Those motions were filed on September 12, 2012, and October 4,
2 2012, respectively. The Court vacated the hearing on those motions on October 29, 2012.
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3.

Defendants shall file their motions to dismiss plaintiffs’ First Amended Complaint on or

4 before December 19, 2012.
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4.

Plaintiffs shall file their oppositions to defendants’ motions to dismiss on or before January

6 10, 2013.
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5.

Defendants shall file their optional replies, if any, to plaintiffs’ opposition on or before

8 January 24, 2013.
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6.

The Court shall hear defendants’ motions to dismiss on or after January 31, 2013.

IT IS SO AGREED AND STIPULATED.

11 Dated: November 30, 2012

LAW OFFICES OF STEPHAN C. VOLKER

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s/ Stephan C. Volker
STEPHAN C. VOLKER
Attorney for Plaintiffs

14 Dated: November 30, 2012

UNITED STATES DEPARTMENT OF JUSTICE

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s/ Joseph H. Kim (by S. Volker with permission)
JOSEPH H. KIM
Attorney for Federal Defendants

17 Dated: November 30, 2012

ORRICK, HERRINGTON & SUTCLIFFE, LLP

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s/ Cynthia J. Larsen (by S. Volker with permission)
CYNTHIA J. LARSEN
Attorney for Defendants-Intervenors
by S. Volker with permission

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ORDER
Pursuant to the parties’ Stipulation, this Court adopts the proposed filing and briefing

23 schedule and will consider the motions on the record without a hearing, unless this Court orders
24 otherwise.
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IT IS SO ORDERED.

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Dated:
66h44d

December 3, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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STIPULATION REQUESTING COURT ORDER ALLOWING
FILING OF FIRST AMENDED COMPLAINT AND SETTING
A BRIEFING SCHEDULE FOR MOTIONS TO DISMISS;
[PROPOSED] ORDER THEREON

-2-

Case No. 1:12-cv-01303-LJO-MJS