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

Filing 25

STIPULATION AND ORDER EXTENDING SCHEDULE FOR BRIEFING OF CROSS MOTIONS FOR SUMMARY JUDGMENT BY PLAINTIFFS AND DEFENDANTS signed by Chief Judge Lawrence J. O'Neill on December 28, 2017. (Munoz, I)

1 DANIEL J. O’HANLON, State Bar No. 122380
REBECCA L. HARMS, State Bar No. 307954
2 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
3 400 Capitol Mall, 27th Floor
Sacramento, California 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs, SAN LUIS & DELTA6 MENDOTA WATER AUTHORITY and
WESTLANDS WATER DISTRICT
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JON D. RUBIN, State Bar No. 196944
8 General Counsel
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
9 400 Capitol Mall, 28th Floor
Sacramento, CA 95814
10 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff, SAN LUIS & DELTA12 MENDOTA WATER AUTHORITY
13 Additional Counsel on Next Page
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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18 SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY and WESTLANDS WATER
19 DISTRICT,
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Plaintiffs,
v.

Case No. 1:16-cv-00983-LJO-EPG
STIPULATION AND ORDER
EXTENDING SCHEDULE FOR
BRIEFING OF CROSS MOTIONS FOR
SUMMARY JUDGMENT BY
PLAINTIFFS AND DEFENDANTS

22 SALLY JEWELL, as Secretary of the U.S.
Department of the Interior; U.S.
23 DEPARTMENT OF THE INTERIOR; U.S.
BUREAU OF RECLAMATION; ESTEVAN
24 LOPEZ, as Commissioner, Bureau of
Reclamation, U.S. Department of the Interior
25 and DAVID MURILLO, as Regional Director,
Mid-Pacific Region, Bureau of Reclamation,
26 U.S. Department of the Interior,
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Defendants.

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1634669.1 10355-069

STIPULATION AND ORDER EXTENDING SCHEDULE FOR BRIEFING

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ADDITIONAL COUNSEL

2 PHILIP A. WILLIAMS, State Bar No. 296683
General Counsel
3 WESTLANDS WATER DISTRICT
400 Capitol Mall, 28th Floor
4 Sacramento, CA 95814
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff, WESTLANDS WATER
DISTRICT
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1634669.1 10355-069

STIPULATION AND ORDER EXTENDING SCHEDULE FOR BRIEFING

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RECITALS
WHEREAS, the Stipulation and Order Extending Schedule for Briefing filed on October 6,

3 2017 (Doc. 23) provided the following schedule for the filing of cross-motions for summary
4 judgment:
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December 27, 2017

Plaintiffs shall file their motion for summary judgment.

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February 26, 2018

Defendants shall file their combined cross-motion for summary
judgment and opposition to Plaintiffs’ motion for summary
judgment.

March 28, 2018

Plaintiffs shall file their combined opposition to Defendants’
cross-motion for summary judgment and reply in support of
Plaintiffs’ motion for summary judgment.

April 28, 2018

Defendants shall file their reply in support of their cross-motion
for summary judgment.

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WHEREAS, the parties are pursuing discussions that may avoid the necessity of filing

13 cross-motions for summary judgment in this case;
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WHEREAS, the parties agree that in light of these discussions, an extension of the Court’s

15 schedule for the filing of cross-motions for summary judgment is appropriate;
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AND WHEREAS, the parties agree that the revised schedule should be as follows:

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January 19, 2018

Plaintiffs shall file their motion for summary judgment.

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March 23, 2018

Defendants shall file their combined cross-motion for summary
judgment and opposition to Plaintiffs’ motion for summary
judgment.

April 20, 2018

Plaintiffs shall file its combined opposition to Defendants’
cross-motion for summary judgment and reply in support of
Plaintiffs’ motion for summary judgment.

May 21, 2018

Defendants shall file their reply in support of their cross-motion
for summary judgment.

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STIPULATION
NOW THEREFORE, counsel for the parties hereby stipulate to, and jointly request that the

27 Court grant an extension of the schedule for the filing of cross-motions for summary judgment
28 provided in the October 6, 2017 Stipulation and Order Extending Schedule for Briefing making
1634669.1 10355-069

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STIPULATION AND ORDER EXTENDING SCHEDULE FOR BRIEFING

1 the new schedule for briefing as follows:
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January 19, 2018

Plaintiffs shall file their motion for summary judgment.

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March 23, 2018

Defendants shall file their combined cross-motion for summary
judgment and opposition to Plaintiffs’ motion for summary
judgment.

April 20, 2018

Plaintiffs shall file their combined opposition to Defendants’
cross-motion for summary judgment and reply in support of
Plaintiffs’ motion for summary judgment.

May 21, 2018

Defendants shall file their reply in support of their cross-motion
for summary judgment.

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10 DATED: December 27, 2017
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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation

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By:

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/s/ Daniel J. O’Hanlon
Daniel J. O’Hanlon
Attorneys for Plaintiffs, SAN LUIS & DELTAMENDOTA WATER AUTHORITY and
WESTLANDS WATER DISTRICT

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18 DATED: December 27, 2017
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JEFFREY H. WOOD
Acting Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division

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By:

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/s/ Anna K. Stimmel
ANNA K. STIMMEL
Senior Attorney
Natural Resources Section
301 Howard Street, Suite 1050
San Francisco, CA 94105
[phone] (Tel); [phone] (Fax)
[e-mail]
Counsel for Federal Defendants

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1634669.1 10355-069

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STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULE FOR BRIEFING

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ORDER
Pursuant to the parties’ stipulation, the Court hereby ORDERS that the schedule for

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3 briefing in the October 6, 2017 Stipulation and Order Extending Schedule for Briefing (Doc. 23)
4 be extended and be established as follows:
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Plaintiffs shall submit their motion for summary judgment on or before January 19, 2018.

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Defendants shall submit their combined cross-motion for summary judgment and

7 opposition to Plaintiffs’ motion for summary judgment on or before March 23, 2018.
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Plaintiffs shall submit their combined opposition to Defendants’ cross-motion for summary

9 judgment and reply in support of Plaintiffs’ motion for summary judgment on or before April 20,
10 2018.
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Defendants shall submit their reply in support of their cross-motion for summary judgment

12 on or before May 21, 2018.
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The Court will not entertain further requests to extend the briefing schedule.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

December 28, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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1634669.1 10355-069

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STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULE FOR BRIEFING