AquAlliance et al v. U.S. Bureau of Reclamation, et al

Filing 20

STIPULATION and ORDER to Continue Settlement Conference Meeting and Extend Time to Lodge CEQA Record. (Settlement Conference for June 26, 2015, shall be continued to July 14, 2015 at 11:00 a.m. at the offices of Kronick Moskovitz Tiedemann & Girard, located at 400 Capitol Mall, 27th Floor,Sacramento, California 95814. CEQA administrative record identified in California Public Resources Code section 21167.6(b) is extended to September 21, 2015.) signed by Magistrate Judge Barbara A. McAuliffe on 6/30/2015. (Herman, H)

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DANIEL J. O’HANLON, State Bar No. 122380
HANSPETER WALTER, State Bar No. 244847
REBECCA R. AKROYD, State Bar No. 267305
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
400 Capitol Mall, 27th Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
ANDREA A. MATARAZZO, State Bar No. 179198
JEFFREY K. DORSO, State Bar No. 219379
PIONEER LAW GROUP, LLP
1122 S Street
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]
JON D. RUBIN, State Bar No. 196944
General Counsel
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
400 Capitol Mall, 27th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Respondent/Defendant
SAN LUIS & DELTA-MENDOTA
WATER AUTHORITY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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AQUALLIANCE; CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE; CENTRAL DELTA
WATER AGENCY; SOUTH DELTA WATER
AGENCY; LOCAL AGENCIES OF THE NORTH
DELTA,

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Petitioners/Plaintiffs,

Case No. 1:15-cv-00754 LJO BAM
STIPULATION AND ORDER TO
CONTINUE SETTLEMENT
MEETING AND EXTEND TIME TO
LODGE CEQA RECORD

vs.

(Cal. Pub. Res. Code §§ 21167.6,
21167.8)

The UNITED STATES BUREAU OF
RECLAMATION; SAN LUIS & DELTAMENDOTA WATER AUTHORITY; SALLY
JEWEL, in her capacity; and DOES 1- 100,

DATE: July 14, 2015
TIME: 11:00 a.m.
LOCATION: 400 Capitol Mall,
27th Floor, Sacramento, CA 95814

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Date Action Filed: May 11, 2015

Respondents/Defendants,
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Stipulation and [Proposed] Order

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The undersigned parties, by their respective counsel, hereby agree and stipulate as follows:

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1.

The settlement meeting pursuant to California Public Resources Code section 21167.8

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presently scheduled for June 26, 2015, shall be continued to July 14, 2015 at 11:00 a.m. at the

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offices of Kronick Moskovitz Tiedemann & Girard, located at 400 Capitol Mall, 27th Floor,

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Sacramento, California 95814.

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2.

The Petition and Complaint on file in the above-referenced action alleges violations

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of the California Environmental Quality Act (“CEQA”), Public Resources Code sections 21000 et

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seq. by Respondent/Defendant San Luis & Delta-Mendota Water Authority (“Authority”).

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3.

The Petition and Complaint was filed on May 11, 2015, and served on

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Respondent/Defendant Authority on May 20, 2015, along with Petitioners/Plaintiffs’ “notice of

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election” to prepare the CEQA record of administrative proceedings under California Public

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Resources Code section 21167.6(a).

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4.

The Petition and Complaint on file in the above-referenced action also alleges

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violations of the National Environmental Policy Act (“NEPA”), 42 U.S.C. sections 4321 et seq. by

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Respondent/Defendant U.S. Bureau of Reclamation.

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5.

To avoid unnecessary duplication and confusion, the federal record of NEPA

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proceedings currently in preparation by Respondent/Defendant U.S. Bureau of Reclamation should

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be completed and lodged with the court prior to the parties certifying and lodging the CEQA

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record. As a result, the CEQA record cannot be certified and lodged with the Court within the 60-

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day period identified in California Public Resources Code section 21167.6(b). California Public

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Resources Code section 21167.6(c) provides that a court may extend that period upon stipulation

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of all parties.

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6.

If and to the extent it applies to proceedings in this Court, then the time for certifying

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and lodging the CEQA administrative record identified in California Public Resources Code

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section 21167.6(b) is extended to September 21, 2015.

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7.

The petitions/complaints and answers shall serve as the parties’ respective statements

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of issues under California Public Resources Code section 21167.8(f), if and to the extent it applies

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in the above-referenced action.
8.

Nothing in this stipulation constitutes evidence of agreement or consent regarding the

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substantive issues in this case.

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DATE: June 25, 2015

KRONICK MOSKOVITZ TIEDEMANN

& GIRARD

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By:

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DATE: June 29, 2015

/s/ Daniel J. O’Hanlon
DANIEL J. O’HANLON
Attorneys for Respondent/Defendant
SAN LUIS & DELTA-MENDOTA
WATER AUTHORITY

PIONEER LAW GROUP, LLP

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By:

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/s/ Andrea A. Matarazzo
ANDREA A. MATARAZZO
Attorneys for Respondent/Defendant
SAN LUIS & DELTA-MENDOTA
WATER AUTHORITY

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DATE: June 29, 2015

U.S. DEPARTMNET OF JUSTICE

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By:

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/s/ Anna K. Stimmel (as authorized on 6/29/15)
ANNA K. STIMMEL
Attorneys for Respondent/Defendant
U.S. DEPARTMENT OF JUSTICE

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DATE: June 24, 2015

AQUA TERRA AERIS LAW GROUP

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By:

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///

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///

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///

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/s/ Jason R. Flanders
JASON R. FLANDERS
Attorneys for Petitioners/Plaintiffs
AQUALLIANCE and CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE

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DATE: June 29, 2015

LAW OFFICES OF MICHAEL B. JACKSON

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By: /s/ Michael B. Jackson (as authorized on 6/26/15)
MICHAEL B. JACKSON
Attorneys for Petitioners/Plaintiffs
AQUALLIANCE and CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE

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DATE: June 29, 2015

SOLURI MESERVE, A LAW CORPORATION

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By:

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/s/ Osha R. Meserve
OSHA R. MESERVE
Attorneys for Petitioners/Plaintiffs
LOCAL AGENCIES OF THE NORTH
DELTA, CENTRAL DELTA WATER
AGENCY, SOUTH DELTA WATER
AGENCY

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ORDER

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IT IS SO ORDERED.
Dated:

June 30, 2015

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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