Pacific Coast Federation of Fishermen's Associations, et al., v. Glaser et al

Filing 225

SECOND STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/3/2022 EXTENDING Summary Judgment Briefing Schedule as follows: Pltfs' X-Mtn (s) and Opp(s) to Defs' two MSJs 5/27/2022. Defendants' Opp(s)/Reply(ies) 7/22/2022. Plaintiffs' Reply(ies) 8/19/2022. Motions Hearing re 219 , 221 CONTINUED to 9/30/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Mena-Sanchez, L)

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STEPHAN C. VOLKER (CSB #63093)
ALEXIS E. KRIEG (CSB #254548)
STEPHANIE L. CLARKE (CSB #257961)
JAMEY M.B. VOLKER (CSB #273544)
LAW OFFICES OF STEPHAN C. VOLKER
1633 University Avenue
Berkeley, California 94703
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS, CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE,
FRIENDS OF THE RIVER, SAN FRANCISCO
CRAB BOAT OWNERS ASSOCIATION, INC.,
THE INSTITUTE FOR FISHERIES RESOURCES,
and FELIX SMITH,

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10.497.02

Plaintiffs,
v.
DONALD R. GLASER, Regional Director of the
U.S. Bureau of Reclamation, U.S. BUREAU OF
RECLAMATION, and SAN LUIS & DELTAMENDOTA WATER AUTHORITY,

Civ. No. 2:11-cv-02980-KJM-CKD
SECOND STIPULATION EXTENDING
SUMMARY JUDGMENT BRIEFING
SCHEDULE; ORDER THEREON
Current Due Date: April 29, 2022
Proposed New Date: May 31, 2022

Defendants.
Plaintiffs PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS, et al.,

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DEFENDANTS DONALD R. GLASER, U.S. BUREAU OF RECLAMATION, and SAN LUIS &

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DELTA-MENDOTA WATER AUTHORITY, and Defendant-Intervenor GRASSLAND WATER

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DISTRICT hereby stipulate, and jointly request, that this Court enter an Order amending its Minute

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Order filed March 21, 2022 (ECF 223) to extend the current summary judgment briefing schedule in the

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above-referenced action from the current due dates as stated in that Minute Order to the later dates

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specified below to accommodate the unavailability of Plaintiffs’ counsel due to Covid and additional

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urgent medical issues, as follows:

Stip. Ext. S.J. Br. Sched. & Hrg. Date; Order

Case No. 2:11-cv-02980-KJM-CKD

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Task

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Pltfs’ X-Mtn(s) and Opp(s) to Defs’ two MSJs April 29, 2022

May 27, 2022

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Defendants’ Opp(s)/Reply(ies)

May 27, 2022

July 22, 2022

Plaintiffs’ Reply(ies)

June 24, 2022

August 19, 2022

Hearing Date

July 29. 2022

September 15, 2022

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Current Deadline

Extended Deadline

In support of this Stipulation and Joint Request the undersigned Parties state as
follows:
1. Defendants and Defendant-Intervenor previously requested and were granted a 34day extension of time to file their opening summary judgment motions and supporting
documents by this Court’s Minute Order filed February 25, 2022.
2. Plaintiffs previously requested and were granted a 35-day extension of time to file
their cross-motion for summary judgment and opposition to Defendants’ summary judgment
motion by this Court’s Minute Order filed March 21, 2022.

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3. Plaintiffs’ two counsel with principal responsibility for preparing Plaintiffs’ cross-

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motion for summary judgment and opposition have encountered serious medical issues that

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have substantially impaired their ability to prepare Plaintiffs’ cross-motion for summary

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judgment and opposition to Defendants’ summary judgment motion due to Covid and

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additional urgent medical issues, necessitating an extension of the current deadline. Further,

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Defendants’ counsel have prepaid week-long vacations in June during which they will be

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unable to work on their opposition to Plaintiffs’ brief.

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4. This extension request is STIPULATED AND UNOPPOSED.

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5. The Parties recognize and defer to the Court’s decisions as to a new hearing date,

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but propose September 15, 2022, to allow the Court time to review the Parties’ submissions.

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6. Plaintiffs submit that granting this extension should not appreciably delay the

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ultimate resolution of this case.
For the foregoing reasons, the Parties respectfully request that the Court issue an order
extending the time for the filing of Plaintiffs’ summary judgment briefs and supporting

Stip. Ext. S.J. Br. Sched. & Hrg. Date; Order

Case No. 2:11-cv-02980-KJM-CKD

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documents, along with corresponding extensions of the later briefing due dates, and an

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appropriate rescheduling of the hearing date, on the schedule provided above.

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Dated: April 27, 2022

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Respectfully submitted,
LAW OFFICES OF STEPHAN C. VOLKER
By: /s/ Stephan C. Volker
STEPHAN C. VOLKER
Attorney for Plaintiffs

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Dated: April 27, 2022

U.S. DEPARTMENT OF JUSTICE

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By: /s/Martin F. McDermott
Martin F. McDermott
U.S. Department of Justice Environment & Natural Res. Div.
Environmental Defense Section
P.O. Box 7611 Washington, D.C. 20044
Attorneys for Federal Defendants

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Dated: April 27, 2022

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By: /s/ Julie L. Fieber
JULIE L. FIEBER
840 Malcolm Road
Burlingame, CA 94101
Attorneys for Defendant San Luis & Delta-Mendota Water Authority

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COTCHETT, PITRE & McCARTHY, LLP

Dated: April 27, 2022

GRASSLAND WATER DISTRICT
By: /s/ Ellen L. Wehr
ELLEN F. WEHR
200 West Willmott Avenue
Los Banos, CA 93635
Attorney for Defendant-Intervenor Grassland Water District

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Stip. Ext. S.J. Br. Sched. & Hrg. Date; Order

Case No. 2:11-cv-02980-KJM-CKD

ORDER

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GOOD CAUSE APPEARING from the Parties’ Stipulation and Joint Request, the Court

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extends the following deadlines:

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Task

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July 22, 2022

June 24, 2022

August 19, 2022

Hearing Date

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May 27, 2022

Plaintiffs’ Reply(ies)

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May 27, 2022

Defendants’ Opp(s)/Reply(ies)

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Extended Deadline

Pltfs’ X-Mtn(s) and Opp(s) to Defs’ two MSJs April 29, 2022

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Current Deadline

July 29. 2022

September 30, 2022
at 10:00 a.m.

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IT IS SO ORDERED.

DATED: May 3, 2022.

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Stip. Ext. S.J. Br. Sched. & Hrg. Date; Order

Case No. 2:11-cv-02980-KJM-CKD