Karuk Tribe v. Montague Water Conservation District

Filing 11

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/6/2013 EXTENDING deadline to file dispositional documents and ORDERING: Plaintiff to provide Montague counter proposal draft by 12/6/2013; Montague provide plaintiffs their counter proposal draft agreement by 11:00am on 12/11/2013; Parties shall have final settlement documents for presentation to their respective bodies by by 12/13/2013; Court will hold a conference call with the parties on 12/12/2013 at 09:00 AM; Dispositional documents due no later than 12/17/2013. (Donati, J)

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Christopher A. Sproul (Bar No. 126398)
ENVIRONMENTAL ADVOCATES
5135 Anza Street
San Francisco, California 94121
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs KLAMATH RIVERKEEPER and the KARUK TRIBE

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Robert E. Donlan (Bar No. 186185)
Elizabeth P. Ewens (Bar No. 213046)
Shane E. C. McCoin (Bar No. 258588)
ELLISON, SCHNEIDER & HARRIS LLP
2600 Capitol Avenue, Suite 400
Sacramento, California 95816
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant MONTAGUE WATER CONSERVATION DISTRICT

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Additional Counsel on next page

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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KLAMATH RIVERKEEPER,

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Plaintiff,

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v.

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MONTAGUE WATER CONSERVATION
DISTRICT,

Consolidated Cases

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Defendant.

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Case No. 2:12-cv-01330-MCE-CMK
Case No. 2:12-cv-02095-MCE-DAD

STIPULATED REQUEST TO EXTEND
DEADLINE TO FILE DISPOSITIONAL
DOCUMENTS; [PROPOSED] ORDER
Hon. Allison Claire

KARUK TRIBE,

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Plaintiff,

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v.

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MONTAGUE WATER CONSERVATION
DISTRICT,

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Defendant.

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Joint Request to Extend Deadlines

No. 2:12-cv-01330-MCE-CMK
No. 2:12-cv-02095-MCE-DAD

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Daniel Cooper (Bar No. 153576)
Drevet Hunt (Bar No. 240487)
LAWYERS FOR CLEAN WATER, INC.
1004-A O'Reilly Avenue
San Francisco, California 94129
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Patricia Weisselberg (Bar No. 253015)
LAW OFFICE OF PATRICIA WEISSELBERG
115 Oakdale Avenue
Mill Valley, California 94941
Telephone: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs KLAMATH RIVERKEEPER and the KARUK TRIBE

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Darrin W. Mercier (Bar No. 166125)
LAW OFFICE OF DARRIN W. MERCIER
409 W. Center Street
Yreka, California 96097
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant MONTAGUE WATER CONSERVATION DISTRICT

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Joint Request to Extend Deadlines
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No. 2:12-cv-01330-MCE-CMK
No. 2:12-cv-02095-MCE-DAD

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STIPULATED REQUEST TO EXTEND DEADLINE TO FILE DISPOSITIONAL

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DOCUMENTS

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Klamath Riverkeeper and the Karuk Tribe (“Plaintiffs”) and Montague Water Conservation
District (“Defendant”) (collectively “the Parties”) stipulate as follows:
WHEREAS, on November 7, 2013, the parties agreed to a settlement of this case as set forth in
the term sheet entered in the record as SEALED DOCUMENT (see ECF Dkt. 36-37);
WHEREAS, the Court issued a minute order directing the Parties to have final settlement
documents filed by November 21, 2013 (id.);
WHEREAS, on November 21, 2013, the Parties met telephonically with the Court to inform the

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Court that they had not finalized the settlement documents, and request an extension of time to file the

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final dispositional documents (ECF Dkt. 39);

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WHEREAS, on November 21, 2013, the Court extended the deadline to file dispositional
documents to December 6, 2013 (id.);
WHEREAS, during the November 21 telephonic conference, the Court indicated that the Parties

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should communicate with it on December 5, 2013, concerning the status of the Parties' settlement

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negotiations and whether we needed her for a call to help us reach resolution of the remaining issues;

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WHEREAS, the Parties emailed the Court on December 5, 2013, informing the Court that they

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still had not finalized settlement documents, but that respective drafts had been exchanged and progress

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is being made;

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WHEREAS, the Parties are hopeful that they will be able to resolve the remaining issues
independently, but request that the Court remain available to assist them if necessary;
THEREFORE, the Parties request that the Court set new deadlines for the settlement process as
follows:

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Plaintiffs will provide Montague a counter proposal draft agreement on December 6,

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2013;

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Montague will provide Plaintiffs their counter proposal draft agreement by 11:00 a.m. on

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Wednesday, December 11, 2013;

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The Parties will have final settlement documents for presentation to their respective
Joint Request to Extend Deadlines
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No. 2:12-cv-01330-MCE-CMK
No. 2:12-cv-02095-MCE-DAD

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governing bodies by Friday, December 13, 2013;

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The Parties will participate in a call with the Court on December 12, 2013 to inform the

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Court of the status of the final documents, and to resolve any remaining issues; and

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The Parties will file dispositional documents with the Court no later than December 17,

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2013.

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Dated: December 6, 2013

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LAWYERS FOR CLEAN WATER, INC.
By:
Drevet Hunt
Daniel Cooper
Attorneys for Plaintiffs
Klamath Riverkeeper and the Karuk Tribe

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Dated: December 6, 2013

ELLISON, SCHNEIDER & HARRIS LLP
By:

_________________________
Elizabeth P. Ewens
Attorneys for Defendant
Montague Water Conservation District

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Joint Request to Extend Deadlines
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No. 2:12-cv-01330-MCE-CMK
No. 2:12-cv-02095-MCE-DAD

ORDER

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Pursuant to the joint request of the Parties to extend the deadlines for filing final dispositional
documents, and good cause appearing therefor, the Court orders the following:
Plaintiffs shall provide Montague a counter proposal draft agreement on December 6,
2013;
Montague shall provide Plaintiffs their counter proposal draft agreement by 11:00 a.m. on
Wednesday, December 11, 2013;
The Parties shall have final settlement documents for presentation to their respective
governing bodies by Friday, December 13, 2013;
The Court will hold a conference call with the Parties at 9:00 a.m. on December 12, 2013
to confirm the final documents will be completed by December 13, 2013 and to help
resolve any remaining issues; and
The Parties shall file dispositional documents with the Court no later than December 17,
2013.
IT IS SO ORDERED.
DATE: December 6, 2013

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Joint Request to Extend Deadlines
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No. 2:12-cv-01330-MCE-CMK
No. 2:12-cv-02095-MCE-DAD