North Coast Rivers Alliance, et al. v. United States Department of the Interior, et al.

Filing 186

STIPULATION ACCEPTING ELECTRONIC SERVICE OF SUMMONS AND PLAINTIFFS' THIRD AMENDED AND SUPPLEMENTAL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ON ENUMERATED DEFENDANTS AND EXTENDING BY 60 DAYS THEIR TIME TO FILE RESPONSIVE PLEADING. Order signed by Magistrate Judge Sheila K. Oberto on 3/16/2022. (Kusamura, W)

STEPHAN C. VOLKER (CSB #63093)

1 ALEXIS E. KRIEG (CSB #254548)

STEPHANIE L. CLARKE (CSB #257961)

2 JAMEY M.B. VOLKER (CSB #273544)

LAW OFFICES OF STEPHAN C. VOLKER

3 1633 University Avenue

Berkeley, California 94703
510/496-0600
Fax: [phone]

4 Tel:
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Attorneys for Plaintiffs

6 NORTH COAST RIVERS ALLIANCE, CALIFORNIA

SPORTFISHING PROTECTION ALLIANCE, PACIFIC

7 COAST FEDERATION OF FISHERMEN’S

ASSOCIATIONS, SAN FRANCISCO CRAB BOAT

8 OWNERS ASSOCIATION, INC., and INSTITUTE
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FOR FISHERIES RESOURCES

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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NORTH COAST RIVERS ALLIANCE,

Civ. No. 16-cv-307-DAD-SKO

PROTECTION ALLIANCE, PACIFIC

STIPULATION ACCEPTING
ELECTRONIC SERVICE OF
SUMMONS AND PLAINTIFFS’
THIRD AMENDED AND
SUPPLEMENTAL COMPLAINT FOR
DECLARATORY AND INJUNCTIVE
RELIEF ON ENUMERATED
DEFENDANTS AND EXTENDING BY
60 DAYS THEIR TIME TO FILE
RESPONSIVE PLEADING

15 CALIFORNIA SPORTFISHING
16 COAST FEDERATION OF

FISHERMEN’S ASSOCIATIONS, SAN

17 FRANCISCO CRAB BOAT OWNERS

ASSOCIATION, INC., and INSTITUTE

18 FOR FISHERIES RESOURCES,
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Plaintiffs,
v.

21 UNITED STATES DEPARTMENT OF

AND

THE INTERIOR, and UNITED STATES
22 BUREAU OF RECLAMATION,

ORDER THEREON

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(Doc. 184)

Defendants,

24 WESTLANDS WATER DISTRICT, SAN

Judge Dale A. Drozd

LUIS WATER DISTRICT, and PANOCHE
25 WATER DISTRICT,
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Intervenor-Defendants.

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Stip. and Order for Electronic Service
and Extending Time to Respond; Order

Case No. 16–cv-307-DAD-SKO

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Pursuant to Local Rule 144, Plaintiffs North Coast Rivers Alliance, California

2 Sportfishing Protection Alliance, Pacific Coast Federation of Fishermen’s Associations,
3 San Francisco Crab Boat Owners Association, Inc., and Institute for Fisheries Resources
4 (collectively, “Plaintiffs”) and Defendants 4-M Water District, Bella Vista Water District,
5 Centerville Community Services District, City of Shasta Lake, Clear Creek Community
6 Services District, Colusa County Water District, Corning Water District, Cortina Water
7 District, County of Colusa, Davis Water District, Dunnigan Water District, Glenn Valley
8 Water District, Glide Water District, Holthouse Water District, Kanawha Water District,
9 LaGrande Water District, Mountain Gate Community Services District, Myers-Marsh
10 Mutual Water Company, Proberta Water District, Sacramento Municipal Utility District,
11 and Shasta Community Services District (collectively, “Enumerated Defendants”) by and
12 through undersigned counsel, do jointly stipulate that Enumerated Defendants have
13 accepted electronic service of the Summons and Plaintiffs’ Third Amended and
14 Supplemental Complaint for Declaratory and Injunctive Relief (“TASC”) as of January 31,
15 2022, and that the deadline for Enumerated Defendants to file their pleadings responsive to
16 the TASC is extended by 60 days to April 22, 2022. In support of this Stipulation and its
17 requested extension, Plaintiffs and Enumerated Defendants state as follows:
18

1.

Plaintiffs filed their Third Amended and Supplemental Complaint for

19 Declaratory and Injunctive Relief (“TASC”) with the Court on December 1, 2021. Dkt.
20 No. 156. The TASC added new defendant parties to the litigation, including Enumerated
21 Defendants. The civil Summonses were issued to Enumerated Defendants on December 3,
22 2021. Dkt. Nos. 157-168.
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2.

On January 31, 2022, counsel for Plaintiffs requested that Enumerated

24 Defendants waive personal service of the Summons and TASC and accept electronic
25 service through their counsel of record. The Enumerated Defendants agreed to accept
26 electronic service of the Summons and the TASC in exchange for Plaintiffs’ agreement to
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Stip. and Order for Electronic Service
and Extending Time to Respond; Order

Case No. 16–cv-307-DAD-SKO

1 extend by 60 days the time for Enumerated Defendants to file pleadings responsive to the
2 TASC.
3

3.

Accordingly, Plaintiffs and Enumerated Defendants hereby agree that

4 Enumerated Defendants were served with the Summons and the TASC as on January 31,
5 2022, and that the deadline for Enumerated Defendants to file their pleadings responsive to
6 the TASC is extended by 60 days from February 21, 2022 to April 22, 2022.
7

4.

The Enumerated Defendants and each of them shall have to April 22, 2022,

8 to file an answer or to otherwise respond to Plaintiffs’ TASC.
9
10 Respectfully submitted,
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DATED: March 4, 2022

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LAW OFFICES OF
STEPHAN VOLKER

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By: /s/ Stephan C. Volker
STEPHAN C. VOLKER
Attorneys for Plaintiffs

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DATED: March 14, 2022

DOWNEY BRAND LLP

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By: /s/ Rebecca Smith
REBECCA SMITH
Attorneys for Enumerated
Defendants

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Stip. and Order for Electronic Service
and Extending Time to Respond; Order

Case No. 16–cv-307-DAD-SKO

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ORDER

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3

GOOD CAUSE APPEARING from the Parties’ above Stipulation (Doc. 184),

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IT IS ORDERED THAT:

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1. THE ABOVE ENUMERATED DEFENDANTS WERE SERVED WITH THE
SUMMONS AND PLAINTIFFS’ THIRD AMENDED AND SUPPLEMENTAL
6 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (“TASC”) ON
JANUARY 31, 2022; and
7

2. THE DEADLINE FOR THE ABOVE ENUMERATED DEFENDANTS TO

8 FILE THEIR PLEADINGS RESPONSIVE TO PLAINTIFFS’ TASC IS EXTENDED BY
9

60 DAYS TO APRIL 22, 2022.

10 IT IS SO ORDERED.
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Dated:

March 16, 2022

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/s/ Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

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Stip. and Order for Electronic Service
and Extending Time to Respond; Order

Case No. 16–cv-307-DAD-SKO