AquAlliance et al v. U.S. Bureau of Reclamation, et al
Filing
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STIPULATION And ORDER To Continue Settlement Meeting And Extend Time To Lodge CEQA Record, signed by District Judge Lawrence J. O'Neill on 6/30/2015. ( Settlement Meeting set for 7/14/2015 at 11:00 AM at offices of Kronick Moskovitz Tiedemann & Girard, located at 400 Capitol Mall, 27th Floor, Sacramento, California 95814.)(Fahrney, E)
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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,
Petitioners/Plaintiffs,
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vs.
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The UNITED STATES BUREAU OF
RECLAMATION; SAN LUIS & DELTAMENDOTA WATER AUTHORITY; SALLY
JEWEL, in her capacity; and DOES 1- 100,
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Respondents/Defendants,
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Case No. 1:15-cv-00754 LJO BAM
STIPULATION AND ORDER TO
CONTINUE SETTLEMENT
MEETING AND EXTEND TIME TO
LODGE CEQA RECORD
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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.
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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. DEPARTMENT 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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/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
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AQUALLIANCE and CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE
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DATE: June 29, 2015
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SOLURI MESERVE, A LAW CORPORATION
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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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
June 30, 2015
UNITED STATES DISTRICT JUDGE
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