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

Filing 43

ORDER GRANTING PCFFA's 31 Motion to Intervene signed by District Judge Lawrence J. O'Neill on 8/24/2015. (Sant Agata, S)

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THE HONORABLE LAWRENCE J. O’NEILL

JAN HASSELMAN (WSB #29107)
[Pending Pro Hac Vice Application]
Earthjustice
705 Second Avenue, Suite 203
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TRENT W. ORR (State Bar No. 77656)
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111-4608
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant-Intervenor Applicants

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY and WESTLANDS WATER
DISTRICT,

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ORDER GRANTING PCFFA’S
MOTION TO INTERVENE

Plaintiffs,

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v.

Courtroom: Courtroom 4, 7th Floor
Judge: Honorable Lawrence J. O’Neill
Hearing Date: TBD
Time: TBD
Action Filed: August 21, 2015

SALLY JEWEL, et al.,
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Defendants.
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Case No. 15-cv-1290-LJO GSA

PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS and
INSTITUTE FOR FISHERIES RESOURCES, nonprofit organizations,

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Defendant-Intervenor Applicants.
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THIS MATTER is before the Court on the motion to intervene of the Proposed

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Defendant-Intervenors, Pacific Coast Federation of Fishermen’s Associations and the Institute

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for Fisheries Resources (collectively “PCFFA”). Plaintiffs’ counsel does not object provided

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PCFFA will not seek to expand the claims in this case and will accept reasonable limits on

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ORDER GRANTING MOTION TO
INTERVENE (No. 15-CV-1290-LJO-GSA)

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Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]

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briefing from intervenors. Defendants’ counsel has indicated that Defendants would stipulate to

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PCFFA’s intervention.

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PCFFA’s motion to intervene satisfies the four requirements of Federal Rule of Civil

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Procedure 24(a) to intervene as of right. Based on the intervention papers PCFFA has filed, the

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Court finds that PCFFA’s motion is timely filed at this very early stage of the proceedings.

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PCFFA has a significant protectable interest in the Klamath River fisheries which the challenged

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government action is designed to protect. Disposition of this action without PCFFA may, as a

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practical matter, impair PCFFA’s ability to protect its interest in these fisheries and the

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government defendants and other intervenors may not adequately represent PCFFA’s interests.

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The Court, therefore, finds that it is appropriate, pursuant to Federal Rule of Civil

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Procedure 24, to allow PCFFA to intervene in this action as a matter of right. Alternatively,

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PCFFA’s request to intervene permissively pursuant to Rule 24(b) is also appropriate as the

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request is timely, the applicant’s claim or defense shares a common question of law or fact, and

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intervention would not unduly delay or prejudice the adjudication.

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IT IS HEREBY ORDERED that PCFFA’s motion to intervene as of right, or

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alternatively with permission, as a defendant in this action is GRANTED, conditioned upon

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PCFFA making every effort to avoid duplicative briefing.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 24, 2015

UNITED STATES DISTRICT JUDGE

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ORDER GRANTING MOTION TO
INTERVENE (No. 15-CV-1290-LJO-GSA)

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Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]