Bay.org et al v. Zinke et al

Filing 40

ORDER granting with conditions Motions to Intervene 16 , 34 signed by Chief Judge Lawrence J. O'Neill on 10/16/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BAY.ORG, ET AL.,
Plaintiffs,

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ORDER GRANTING WITH
CONDITIONS STATE WATER
CONTRACTORS’ AND
METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA’S (ECF
NO. 16) AND CALIFORNIA
DEPARTMENT OF WATER
RESOURCES’ (ECF NO. 34) MOTIONS
TO INTERVENE

v.

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Case No. 1:17-CV-01176 LJO-EPG

RYAN ZINKE, ET AL.,
Defendants.

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The Court has received and reviewed the motions to intervene filed by the State Water
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Contractors and the Metropolitan Water District of Southern California (ECF No. 16) and the California
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Department of Water Resources (ECF No. 34), as well as all responses and replies. ECF Nos. 23-25, 38.
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For good cause shown, both motions to intervene as of right as defendants in this action are
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GRANTED subject to the condition that Defendant-Intervenors make every effort to avoid duplicative
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briefing. Defendant-Intervenors shall file their lodged Answers within three (3) business days of entry of
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this order.
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Plaintiffs’ separate request to limit Defendant-Intervenors’ briefs or memoranda to ten pages, in
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the case of motions and responses, and seven pages, in the case of replies, is DENIED. The request is

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unwarranted by the circumstances and unsupported by the relevant authorities that require intervenors be

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placed on an “equal footing” with other litigants. See Citizens for Balanced Use v. Montana Wilderness

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Ass'n, 647 F.3d 893, 901 (9th Cir. 2011). In related cases, the Court has set page limits for every major

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round of motions in advance during the scheduling process. Plaintiffs’ concerns regarding the speedy

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resolution of this case and the burden of overlength and/or duplicative briefing may be raised at that

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time.

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The Court takes this opportunity to note, however, that the increasingly long page limits being
requested in both non-dispositive and dispositive motions in related cases makes efficient resolution of

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Dated:

/s/ Lawrence J. O’Neill _____

October 16, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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