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)
1
2
3
4
5
6
7
8
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: (206) 343-7340
Facsimile: (206) 353-5126
jhasselman@earthjustice.org
TRENT W. ORR (State Bar No. 77656)
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111-4608
Telephone: (415) 217-2000
Facsimile: (415) 217-2040
torr@earthjustice.org
Attorneys for Defendant-Intervenor Applicants
9
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY and WESTLANDS WATER
DISTRICT,
14
ORDER GRANTING PCFFA’S
MOTION TO INTERVENE
Plaintiffs,
13
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.,
15
Defendants.
16
17
Case No. 15-cv-1290-LJO GSA
PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS and
INSTITUTE FOR FISHERIES RESOURCES, nonprofit organizations,
18
Defendant-Intervenor Applicants.
19
20
THIS MATTER is before the Court on the motion to intervene of the Proposed
21
Defendant-Intervenors, Pacific Coast Federation of Fishermen’s Associations and the Institute
22
for Fisheries Resources (collectively “PCFFA”). Plaintiffs’ counsel does not object provided
23
PCFFA will not seek to expand the claims in this case and will accept reasonable limits on
24
25
26
ORDER GRANTING MOTION TO
INTERVENE (No. 15-CV-1290-LJO-GSA)
-1
Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340
1
briefing from intervenors. Defendants’ counsel has indicated that Defendants would stipulate to
2
PCFFA’s intervention.
3
PCFFA’s motion to intervene satisfies the four requirements of Federal Rule of Civil
4
Procedure 24(a) to intervene as of right. Based on the intervention papers PCFFA has filed, the
5
Court finds that PCFFA’s motion is timely filed at this very early stage of the proceedings.
6
PCFFA has a significant protectable interest in the Klamath River fisheries which the challenged
7
government action is designed to protect. Disposition of this action without PCFFA may, as a
8
practical matter, impair PCFFA’s ability to protect its interest in these fisheries and the
9
government defendants and other intervenors may not adequately represent PCFFA’s interests.
10
The Court, therefore, finds that it is appropriate, pursuant to Federal Rule of Civil
11
Procedure 24, to allow PCFFA to intervene in this action as a matter of right. Alternatively,
12
PCFFA’s request to intervene permissively pursuant to Rule 24(b) is also appropriate as the
13
request is timely, the applicant’s claim or defense shares a common question of law or fact, and
14
intervention would not unduly delay or prejudice the adjudication.
15
IT IS HEREBY ORDERED that PCFFA’s motion to intervene as of right, or
16
alternatively with permission, as a defendant in this action is GRANTED, conditioned upon
17
PCFFA making every effort to avoid duplicative briefing.
18
19
20
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
August 24, 2015
UNITED STATES DISTRICT JUDGE
21
22
23
24
25
26
ORDER GRANTING MOTION TO
INTERVENE (No. 15-CV-1290-LJO-GSA)
-2
Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?