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

Filing 228

STIPULATION and ORDER REGARDING CASE DEADLINES. Order signed by Magistrate Judge Sheila K. Oberto on 12/13/2022. (Kusamura, W)

1 STEPHAN C. VOLKER (CSB #63093)
ALEXIS E. KRIEG (CSB #254548)
2 STEPHANIE L. CLARKE (CSB #257961)
JAMEY M.B. VOLKER (CSB #273544)
3 LAW OFFICES OF STEPHAN C. VOLKER
1633 University Ave.
4 Berkeley, CA 94703
Telephone: [phone]
5 Fax: [phone]
6 Attorneys for Plaintiffs

NORTH COAST RIVERS ALLIANCE, CALIFORNIA
7 SPORTFISHING PROTECTION ALLIANCE, PACIFIC
8 COAST FEDERATION OF FISHERMEN’S

ASSOCIATIONS, SAN FRANCISCO CRAB BOAT
9 OWNERS ASSOCIATION, INC., and INSTITUTE
FOR FISHERIES RESOURCES
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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NORTH COAST RIVERS ALLIANCE, ET
15 AL.,
Plaintiffs,

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CASE NO. 1:16-cv-00307-JLT-SKO
STIPULATION REGARDING CASE
DEADLINES; ORDER

v.
(Doc. 227)

18 UNITED STATES DEPARTMENT OF THE
INTERIOR, ET AL.,
19
Defendants,
20

DISTRICT JUDGE JENNIFER L.
THURSTON
MAGISTRATE JUDGE S. OBERTO

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Pursuant to the Court’s September 1, 2022 Order (ECF No. 223), Plaintiffs and Defendants

23 United States, Del Puerto Water District, James Irrigation District, Reclamation District 1606, Hills
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Valley Irrigation District, and Kern-Tulare Water District, City of Shasta Lake, Mountain Gate

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Community Services District, Shasta Community Services District, 4-M Water District, Bella Vista
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27

Water District, Colusa County Water District, Corning Water District, Cortina Water District, Dunnigan

28 Water District, Glide Water District, Kanawha Water District, Le Grande Water District, Centerville
STIPULATION REGARDING CASE DEADLINES; ORDER

1:16-CV-00307-JLT-SKO
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1

Community Services District, Davis Water District, Glenn Valley Water District, Myers-Marsh Mutual

2 Water Company, Holthouse Water District, Proberta Water District, Clear Creek Community Services
3 District, County of Colusa, Eagle Field Water District, Fresno Slough Water District, Tranquility
4 Irrigation District, Mercy Springs Water District, Pacheco Water District, and Laguna Water District,
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City of West Sacramento, Westlands Water District, Westlands Water District Distribution District No.
1, Westlands Water District Distribution District No. 2, San Luis Water District, Panoche Water

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District, Byron Bethany Irrigation District, Placer County Water Agency, Sacramento County Water
Agency, City of Redding, East Bay Municipal Utility District, County of Fresno, International Water

10 District, San Juan District, Central San Joaquin Water Conservation District, Stockton East Water
11 District, Banta-Carbona Irrigation District, West Stanislaus Irrigation District, Patterson Irrigation
12 District, Tulare County, and San Benito County Water District have conferred regarding further
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deadlines in this matter. The Parties stipulate and jointly request that the Court enter the following

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Order:
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1.

The Administrative Record, lodged by the United States on October 21, 2022, is

17 complete. The United States will add Bates numbers to the Administrative Record and will provide
18 access to the Administrative Record to the Parties and the Court on or before December 23, 2022.
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2.

Plaintiffs will file their Motion for Summary Judgment on or before February 10, 2023.

20 Federal Defendants will file their Opposition to Plaintiffs’ Motion for Summary Judgment and Federal
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Defendants’ own Cross-Motion for Summary Judgment (if any) on or before March 31, 2023;

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Contractor Defendants will file their Oppositions and Cross-Motions for Summary Judgment (if any) on
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or before April 21, 2023; Plaintiffs will file their Reply in support of their Motion and Opposition to the

25 Cross-Motions on or before June 9, 2023; Federal Defendants will file their Reply in support of their
26 Cross-Motion on or before June 30, 2023; and Contractor Defendants will file their Replies in support of
27 the Cross-Motions on or before July 14, 2023.
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STIPULATION REGARDING CASE DEADLINES; ORDER

1:16-CV-00307-JLT-SKO
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3.

The page limit for Plaintiffs’ Reply in support of their Motion and Opposition to any

2 Cross-Motions, which will be filed concurrently as one brief, may be equal to the combined number of
3 pages of Federal Defendants’ and Contractor Defendants’ Oppositions to Plaintiffs’ Motion for
4 Summary Judgment and any Cross-Motions for Summary Judgment (briefing pages as used herein does
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not include caption, table of contents, or table of authorities pages).
4.

Pursuant to the Court’s August 12, 2022 Order Denying Federal Defendants’ Motion for

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Stay, “Plaintiffs have agreed to adopt the briefing filed by the plaintiffs in CBD on the matters covered
by the motions pending there. (Doc. 215.)” ECF No. 218 at 5-6. The Court denied Federal Defendants’

10 Motion to Stay “on the condition that Plaintiffs abide by their commitment to avoid duplicative briefing
11 on those claims that overlap with the claims in the CBD case.” Id. at 7. Therefore, summary judgment
12 briefing in this case will be limited to the third and fourth claims in Plaintiffs’ Third Amended and
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Supplemental Complaint for Declaratory Relief, which do not overlap with the claims in the CBD case.

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5.

The hearing date for the Motion for Summary Judgment and Cross-Motions for

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Summary Judgment be set for Thursday, August 3, 2023, but will only occur if the Court deems it

17 necessary. Pursuant to the Court’s Standing Order, the Parties assume the motions described above will
18 be submitted for decision on the papers without oral argument.
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6.

The undersigned counsel for the Federal Defendants have notified counsel

20 for all Contractor Defendants appearing in this action of this Stipulation and did not receive any
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objection.

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APPROVED BY:
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TODD KIM, Assistant Attorney General
24 United States Department of Justice
25 Environment & Natural Resources Division
26 /s/ Jeffrey N. Candrian (as authorized on 12/9/22)
JEFFREY N. CANDRIAN
27 Attorney for the U.S. Department of the Interior,
U.S. Bureau of Reclamation
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LAW OFFICES OF STEPHAN C. VOLKER
STIPULATION REGARDING CASE DEADLINES; ORDER

1:16-CV-00307-JLT-SKO
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1 /s/_Stephan C. Volker
2 STEPHAN C. VOLKER
Attorney for Plaintiffs North Coast Rivers Alliance, et al.
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DOWNEY BRAND LLP
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/s/ Rebecca Smith (as authorized on 12/9/22)
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REBECCA SMITH
6 Attorney for City of Shasta Lake, Mountain Gate Community Services District, Shasta Community
Services District, 4-M Water District, Bella Vista Water District, Colusa County Water District, Corning
7 Water District, Cortina Water District, Dunnigan Water District, Glide Water District, Kanawha Water
District, Le Grande Water District, Centerville Community Services District, Davis Water District,
8 Glenn Valley Water District, Myers-Marsh Mutual Water Company, Holthouse Water District, Proberta
Water District, Clear Creek Community Services District, County of Colusa.
9
ORRICK, HERRINGTON & SUTCLIFFE LLP
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/s/_Cynthia J. Larsen (as authorized on 12/9/22)__
11 CYNTHIA J. LARSEN
Attorney for Westlands Water District, Westlands District Distribution District No. 1, Westlands Water
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District Distribution District No. 2
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WELTY WEAVER & CURRIE, PC
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/s/ Philip Williams (as authorized on 12/9/22)
15 PHILIP A. WILLIAMS
Attorney for Panoche Water District and International Water District
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17 DANIEL C. CEDERBORG, County Counsel
18 /s/ Kyle Robertson (as authorized on 12/9/22)
KYLE ROBERSON, Deputy County Counsel
19 Attorney for Defendant COUNTY OF FRESNO
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BAKER, MANOCK & JENSEN, P.C.

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/s/_Joseph M. Marchini (as authorized on 12/9/22)
22 JOSEPH M. MARCHINI
Attorneys for Eagle Field Water District, Mercy Springs Water District, Tranquillity Irrigation
23 District, Fresno Slough Water District, Pacheco Water District, and Laguna Water District.
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COUNTY OF TULARE

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/s/ Paula C. Clark (as authorized on 12/9/22)
26 PAULA C. CLARK, Deputy County Counsel
Attorney for Defendant TULARE COUNTY
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28 Stoel Rives LLP
STIPULATION REGARDING CASE DEADLINES; ORDER

1:16-CV-00307-JLT-SKO
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1 /s/_Kristen T. Castanos (as authorized on 12/9/22)
2 ELIZABETH P. EWENS
KRISTEN T. CASTANOS
3 Attorneys for Defendant
SAN JUAN WATER DISTRICT
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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
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A Professional Corporation
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/s/ Eric N. Robinson (as authorized on 12/9/22)__
7 Eric N. Robinson
Attorneys for Defendant
8 CITY OF WEST SACRAMENTO
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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
10 A Professional Corporation
11 /s/_William T. Chisum (as authorized on 12/9/22)_
William T. Chisum
12 Attorneys for Defendant
SAN BENITO COUNTY WATER DISTRICT
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14 THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP
15 /s/ Alan F. Doud (as authorized on 12/9/22)
ALAN F. DOUD
16 Attorney for Del Puerto Water District, James Irrigation District, Reclamation District 1606,
17 Hills Valley Irrigation District
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STIPULATION REGARDING CASE DEADLINES; ORDER

1:16-CV-00307-JLT-SKO
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ORDER

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GOOD CAUSE APPEARING from the Parties’ foregoing Stipulation (Doc. 227), the Court

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3 hereby ADOPTS the case deadlines as set forth above.
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IT IS SO ORDERED.

6 Dated:

/s/ Sheila K. Oberto

December 13, 2022

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION REGARDING CASE DEADLINES; ORDER

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