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

Filing 234

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 08/25/22 SETTING the Plaintiff's Replies due by 09/09/22 and Motion Hearing to 9/30/2022 at 10:00 AM in Courtroom 3 (KJM) before Magistrate Judge Kimberly J. Mueller MJ.(Licea Chavez, V)

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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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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
THIRD STIPULATION EXTENDING
SUMMARY JUDGMENT BRIEFING
SCHEDULE (SAME HEARING DATE);
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 May 3, 2022 (ECF 225) to extend the current summary judgment briefing schedule (but keep

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the same hearing date) in the above-referenced action from the current due dates as stated in that Minute

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Order to the later dates specified below to accommodate the unavailability of Plaintiffs’ counsel due to

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Covid and additional 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

Current Deadline

Extended Deadline

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Plaintiffs’ Reply(ies)

August 19, 2022

September 9, 2022

Hearing Date

September 30. 2022

September 30, 2022

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In support of this Stipulation and Joint Request the undersigned Parties state as follows:

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1. Defendants and Defendant-Intervenor previously requested and were granted a 34-day
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

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cross-motion for summary judgment and opposition to Defendants’ summary judgment motion by
this Court’s Minute Order filed March 21, 2022.
3. Plaintiffs’ two counsel with principal responsibility for preparing Plaintiffs’ cross-motion

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

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substantially impaired their ability to prepare Plaintiffs’ replies in support of their summary

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judgment motion due to Covid and additional urgent medical issues, necessitating an extension of

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the current deadline.

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4. This extension request is STIPULATED AND UNOPPOSED.

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5. The Parties propose to retain the Court’s existing hearing date of September 30, 2022, but

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recognize and defer to the Court’s decisions as to whether a new hearing date is appropriate, and as

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to any other schedule adjustments. Retention of the existing hearing date of September 30, 2022 is

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made respectfully with this understanding.

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6. The Parties submit that granting this extension should not appreciably delay the ultimate
resolution of this case.

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For the foregoing reasons, the Parties respectfully request that the Court issue an order
extending the time for the filing of Plaintiffs’ summary judgment replies from the current due date,
August 19, 2022, until September 9, 2022, and corresponding extensions of the later briefing due
dates.

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

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

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Dated: August 9, 2022

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Respectfully submitted,
LAW OFFICES OF STEPHAN C. VOLKER
By: /s/ Stephanie L. Clarke
STEPHANIE L. CLARKE
Attorney for Plaintiffs

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Dated: August 10, 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: August 10, 2022

COTCHETT, PITRE & McCARTHY, LLP

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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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Dated: August 10, 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’ foregoing Stipulation and Joint Request,

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IT IS SO ORDERED.

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DATED: August 25, 2022

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

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