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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1 2 3 4 5 6 Christopher A. Sproul (Bar No. 126398) ENVIRONMENTAL ADVOCATES 5135 Anza Street San Francisco, California 94121 Telephone: (415) 533-3376 Facsimile: (415) 358-5695 E-mail: csproul@enviroadvocates.com Attorneys for Plaintiffs KLAMATH RIVERKEEPER and the KARUK TRIBE 11 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: (916) 447-2166 Facsimile: (916) 447-3512 12 Attorneys for Defendant MONTAGUE WATER CONSERVATION DISTRICT 13 Additional Counsel on next page 7 8 9 10 14 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 15 16 KLAMATH RIVERKEEPER, 17 Plaintiff, 18 v. 19 MONTAGUE WATER CONSERVATION DISTRICT, Consolidated Cases 20 Defendant. 21 22 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, 23 Plaintiff, 24 v. 25 MONTAGUE WATER CONSERVATION DISTRICT, 26 27 Defendant. 28 Joint Request to Extend Deadlines No. 2:12-cv-01330-MCE-CMK No. 2:12-cv-02095-MCE-DAD 1 2 3 4 5 6 7 8 9 10 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: (415) 466-6520 Facsimile: (415) 440-4155 E-mail: daniel@lawyersforcleanwater.com E-mail: drev@lawyersforcleanwater.com Patricia Weisselberg (Bar No. 253015) LAW OFFICE OF PATRICIA WEISSELBERG 115 Oakdale Avenue Mill Valley, California 94941 Telephone: (415) 388-2303 E-mail: pweisselberg@wans.net 11 Attorneys for Plaintiffs KLAMATH RIVERKEEPER and the KARUK TRIBE 12 15 Darrin W. Mercier (Bar No. 166125) LAW OFFICE OF DARRIN W. MERCIER 409 W. Center Street Yreka, California 96097 Telephone: (530) 842-2054 Facsimile: (530) 842-9340 16 Attorneys for Defendant MONTAGUE WATER CONSERVATION DISTRICT 13 14 17 18 19 20 21 22 23 24 25 26 27 28 Joint Request to Extend Deadlines 2 No. 2:12-cv-01330-MCE-CMK No. 2:12-cv-02095-MCE-DAD 1 STIPULATED REQUEST TO EXTEND DEADLINE TO FILE DISPOSITIONAL 2 DOCUMENTS 3 4 5 6 7 8 9 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 10 Court that they had not finalized the settlement documents, and request an extension of time to file the 11 final dispositional documents (ECF Dkt. 39); 12 13 14 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 15 should communicate with it on December 5, 2013, concerning the status of the Parties' settlement 16 negotiations and whether we needed her for a call to help us reach resolution of the remaining issues; 17 WHEREAS, the Parties emailed the Court on December 5, 2013, informing the Court that they 18 still had not finalized settlement documents, but that respective drafts had been exchanged and progress 19 is being made; 20 21 22 23 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: 24 Plaintiffs will provide Montague a counter proposal draft agreement on December 6, 25 2013; 26 Montague will provide Plaintiffs their counter proposal draft agreement by 11:00 a.m. on 27 Wednesday, December 11, 2013; 28 The Parties will have final settlement documents for presentation to their respective Joint Request to Extend Deadlines 3 No. 2:12-cv-01330-MCE-CMK No. 2:12-cv-02095-MCE-DAD 1 governing bodies by Friday, December 13, 2013; 2 The Parties will participate in a call with the Court on December 12, 2013 to inform the 3 Court of the status of the final documents, and to resolve any remaining issues; and 4 The Parties will file dispositional documents with the Court no later than December 17, 5 2013. 6 Dated: December 6, 2013 7 LAWYERS FOR CLEAN WATER, INC. By: Drevet Hunt Daniel Cooper Attorneys for Plaintiffs Klamath Riverkeeper and the Karuk Tribe 8 9 10 11 12 13 14 15 Dated: December 6, 2013 ELLISON, SCHNEIDER & HARRIS LLP By: _________________________ Elizabeth P. Ewens Attorneys for Defendant Montague Water Conservation District 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Request to Extend Deadlines 4 No. 2:12-cv-01330-MCE-CMK No. 2:12-cv-02095-MCE-DAD ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 17 18 19 20 21 22 23 24 25 26 27 28 Joint Request to Extend Deadlines 5 No. 2:12-cv-01330-MCE-CMK No. 2:12-cv-02095-MCE-DAD

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