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

Filing 121

STIPULATION and ORDER Granting 120 Motion for Extension of Time to File Joint Status Report, signed by Chief Judge Lawrence J. O'Neill on 3/3/17. Deadline: 03/31/17. (Gonzalez, R)

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1 DANIEL J. O’HANLON, State Bar No. 122380 REBECCA R. AKROYD, State Bar No. 267305 2 ELIZABETH LEEPER, State Bar No. 280451 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 3 A Professional Corporation 400 Capitol Mall, 27th Floor 4 Sacramento, California 95814 Telephone: (916) 321-4500 5 Facsimile: (916) 321-4555 Attorneys for Plaintiffs 6 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY and WESTLANDS WATER 7 DISTRICT 8 STEVEN O. SIMS (Admitted Pro Hac Vice) DULCINEA Z. HANUSCHAK (Admitted Pro Hac Vice) 9 BROWNSTEIN HYATT FARBER SCHRECK LLP 410 17th Street, Suite 2200 10 Denver, CO 80202 Telephone: (303) 223-1100 11 Facsimile: (303) 223-1111 Attorneys for Plaintiff 12 WESTLANDS WATER DISTRICT 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY and WESTLANDS WATER 17 DISTRICT, 18 19 Plaintiffs, Case No. 1:15-cv-01290-LJO-EPG UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; ORDER v. The Hon. Lawrence J. O’Neill 20 SALLY JEWELL, et al., 21 Defendants, 22 THE HOOPA VALLEY TRIBE; THE YUROK TRIBE; PACIFIC COAST 23 FEDERATION OF FISHERMEN’S ASSOCIATIONS; and INSTITUTE FOR 24 FISHERIES RESOURCES, 25 Defendant-Intervenors. 26 27 28 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; ORDER 1 UNOPPOSED MOTION FOR EXTENSION 2 Pursuant to the Eastern District of California’s Local Rule 144, plaintiffs San Luis & 3 Delta-Mendota Water Authority and Westlands Water District (“Plaintiffs”) move for an extension 4 of the deadline to submit the joint status report ordered by the Court’s February 24, 2017 Minute 5 Order (Doc.119) by two weeks, from March 17, 2017 to March 31, 2017. There have been no 6 previous extensions of this deadline. Plaintiffs request the extension to allow for discussion by 7 counsel with Plaintiffs' respective governing boards prior to filing of the joint status report. This 8 request is supported by the declaration of Daniel J. O’Hanlon attached hereto. The motion and 9 requested extension are unopposed. Declaration of Daniel J. O’Hanlon, ¶¶ 6-7. 10 On February 21, 2017, the United States Court of Appeals for the Ninth Circuit issued its 11 decision in the case of San Luis & Delta-Mendota Water Authority v. Haugrud, et al., No. 1412 17493, __ F.3d __, 2017 WL 677537 (Feb. 21, 2017). On February 24, 2017, the Court issued a 13 Minute Order (Doc. 119) which provides: 17 In light of the Ninth Circuit’s recent decision in San Luis & DeltaMendota Water Authority v. Haugrud . . . it appears to the Court that a substantial majority of the issues raised in the pending crossmotions for summary judgment may now be moot. After meeting and conferring, the parties are directed to submit a joint status report on or before March 17, 2017 proposing a plan for identifying to the Court the issues remaining to be decided in this case . . .. 18 Plaintiffs are currently evaluating the decision in San Luis & Delta-Mendota Water 14 15 16 19 Authority v. Haugrud, et al. and will be seeking direction from their respective governing boards 20 regarding a response to the decision. The next scheduled board meeting for the San Luis & Delta21 Mendota Water Authority (“Water Authority”) is March 9, 2017, and the next scheduled board 22 meeting for Westlands Water District (“Westlands”) is March 21, 2017. Among the issues to be 23 considered is whether to seek rehearing, which would affect the timing of finality, and potentially 24 the substance, of the Ninth Circuit’s ruling. 25 Extending the deadline for submission of the joint status report from March 17th to March 26 31st will allow Plaintiffs' counsel an opportunity to consult with the boards regarding future 27 proceedings in both the Ninth Circuit and in this action, and time to thereafter meet and confer 28 with the remaining parties prior to filing the joint status report. 1 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; ORDER 1 Dated: March 3, 2017 2 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD A Professional Corporation 3 4 5 6 7 By: /s/ Daniel J. O’Hanlon Daniel J. O’Hanlon Attorneys for Plaintiffs SAN LUIS & DELTA-MENDOTA WATER AUTHORITY and WESTLANDS WATER DISTRICT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; [PROPOSED] ORDER 1 DECLARATION OF DANIEL J. O’HANLON 2 I, Daniel J. O’Hanlon, declare as follows: 3 1. I am an attorney duly admitted to practice before this Court. I am a shareholder 4 with Kronick, Moskovitz, Tiedemann & Girard, attorneys of record for Plaintiffs San Luis & 5 Delta-Mendota Water Authority and Westlands Water District. 6 2. I have personal knowledge of the facts set forth herein, and if called as a witness, I 7 could and would competently testify thereto. I make this declaration in support of the Unopposed 8 Motion to Extend Deadline for Filing Joint Status Report. 9 3. Under the Court’s minute order issued on February 24, 2017 the parties’ joint status 10 report is currently due on or before March 17, 2017. 11 4. The next scheduled board meeting for the Water Authority is March 9, 2017, and 12 the next scheduled board meeting for Westlands is March 21, 2017. 13 5. In light of these meeting dates, the current deadline of March 17, 2017 to submit a 14 joint status report would not allow sufficient time to seek direction from Plaintiffs’ respective 15 boards regarding a response to the Ninth Circuit Court of Appeal’s decision in San Luis & Delta16 Mendota Water Authority v. Haugrud, et al., No. 14-17493. Extending the deadline to March 31, 17 2017 will allow time for consultation with both boards and time to meet and confer thereafter with 18 other counsel before filing a joint status report. There have been no previous extensions of this 19 deadline. 20 6. On February 28, 2017, I sent an email to counsel of record for Federal Defendants, 21 Anna K. Stimmel; for Defendant-Intervenors Pacific Coast Federation of Fishermen’s 22 Associations and Institute for Fisheries Resources, Jan Hasselman; for Defendant-Intervenor 23 Hoopa Valley Tribe, Thomas P. Schlosser; and for Defendant-Intervenor Yurok Tribe, Daniel 24 I.S.J. Rey-Bear, in which I proposed extending the deadline for filing the joint report by two 25 weeks, to March 31, 2017. 26 7. In reply to my email, all counsel indicated they do not oppose extending the 27 deadline for filing the joint status report from March 17 to March 31, 2017. 28 I declare under penalty of perjury under the laws of the United States of America that the 3 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; [PROPOSED] ORDER 1 foregoing is true and correct. 2 Executed March 3, 2017, at Sacramento, California. 3 4 /s/ Daniel J. O’Hanlon Daniel J. O’Hanlon 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; [PROPOSED] ORDER 1 2 ORDER Plaintiffs San Luis & Delta-Mendota Water Authority and Westlands Water District have 3 moved for an order extending the existing deadline for filing a joint status report from March 17, 4 2017 to March 31, 2017. The motion is unopposed. After full consideration of the matter, IT IS 5 HEREBY ORDERED that the parties shall submit a joint status report on or before March 31, 6 2017, proposing a plan for identifying to the Court the issues remaining to be decided in this case. 7 8 IT IS SO ORDERED. 9 10 Dated: /s/ Lawrence J. O’Neill _____ March 3, 2017 UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; DECLARATION OF DANIEL J. O’HANLON; [PROPOSED] ORDER

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