Yuba County Water Agency v. National Marine Fisheries Service et al

Filing 84

ORDER signed by Chief Judge Morrison C. England, Jr on 9/12/14 re: 83 . Pursuant to Federal Rule of Civil Procedure 41, this case is DISMISSED without prejudice. Each party shall bear its own fees and costs in connection with this action. The clerk shall administrative CLOSE this file. CASE CLOSED. (Meuleman, A)

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SAM HIRSCH, Acting Assistant Attorney General
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
DANIEL J. POLLAK, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Wildlife and Marine Resources Section
Ben Franklin Station
P.O. Box 7611
Washington, DC 20044-7611
[phone]
[phone] (fax)
Additional counsel listed on signature page
Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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YUBA COUNTY WATER AGENCY, et al.
Plaintiffs,

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v.

STIPULATION AND ORDER DISMISSING
CASE WITHOUT PREJUDICE

NATIONAL MARINE FISHERIES
SERVICE, et al.

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CASE NO. 2:13-cv-00042-MCE-CKD

Defendants.
M

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Whereas, on January 9, 2013, Plaintiff Yuba County Water Agency (“Plaintiff”) filed its

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Complaint in this action against Federal Defendants National Marine Fisheries Service; United

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States Department of Commerce; Penny Pritzker, in her official capacity as Secretary of

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Commerce;1 William Stelle, in his official capacity as Administrator for National Marine

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Penny Pritzker is automatically substituted for Rebecca M. Blank as Secretary of Commerce
pursuant to Federal Rule of Civil Procedure 25(d).

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Fisheries Service’s newly created West Coast Region;2 United States Army Corps of Engineers;

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Lietenant General Thomas P. Bostick, in his official capacity as Commanding General, of U.S.

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Army Corps of Engineers; and Colonel Michael Farrell,3 in his official capacity as District

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Commander, Sacramento District, U.S. Army Corps, of Engineers (collectively, “Federal

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Defendants”);

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Whereas, on May 25, 2013, the Court granted the motions to intervene of Plaintiff-

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Intervenors State Water Contractors; Nevada Irrigation District; Pacific Gas and Electric

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Company; Brophy Water District; and Hallwood Irrigation Company (collectively, “Plaintiff-

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Intervenors”) (ECF No. 49);

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Therefore, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which provides

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that an action may be dismissed by plaintiffs without order of court by filing a stipulation of

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dismissal signed by all parties who have appeared in the action, Federal Defendants, Plaintiff,

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and Plaintiff-Intervenors, by and through their attorneys, hereby stipulate that this action shall be,

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and is, dismissed without prejudice.

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The dismissal shall be as to all claims in Yuba County Water Agency’s Complaint for

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Declaratory and Injunctive Relief, ECF No. 1; State Water Contractors’ Complaint in

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Intervention, ECF No. 38; Nevada Irrigation District’s Complaint in Intervention, ECF No. 50;

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Pacific Gas and Electric Company’s Complaint for Declaratory and Injunctive Relief, ECF No.

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51; and Brophy Water District and Hallwood Irrigation Company’s Complaint in Intervention,

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ECF No. 54.

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Each party shall bear its own fees and costs in connection with this action.

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Respectfully submitted this 10th day of September, 2014.

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///

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William Stelle is substituted for Rodney McInnis as the Administrator of NMFS's newly
created West Coast Region.
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Col. Michael Farrell is automatically substituted for as Col. William J. Leady, P.E. as District
Commander, Sacramento District, U.S. Army Corps, of Engineers, pursuant to Federal Rule of
Civil Procedure 25(d).

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STIPULATION AND ORDER DISMISSING CASE WITHOUT
PREJUDICE

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No. 2:13-cv-00042-MCE-CKD

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SAM HIRSCH
Acting Assistant Attorney General
SETH M. BARSKY, Section Chief
S. JAY GOVINDAN, Assistant Chief

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/s/ Daniel Pollak
DANIEL POLLAK
Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
P.O. Box 7369, Ben Franklin Station
Washington, D.C. 20044-7611
Tel: [phone]
Fax: [phone]

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STACEY M. BOSSHARDT, Senior Attorney
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044-7611
Tel: [phone]
Fax: [phone]

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BRADLEY H. OLIPHANT, Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th St.
South Terrace, Suite 370
Denver, CO 80202
Ph: 303-844-1381/Fax: [phone]
[e-mail]

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Attorneys for Federal Defendants

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/s/ Howard F. Wilkins III (as authorized on 9/09/14)
HOWARD F. WILKINS III, SBN 203083
L. ELIZABETH SARINE, SBN 285631
REMY MOOSE MANLEY, LLP
555 Capitol Mall, Suite 800
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
STIPULATION AND ORDER DISMISSING CASE WITHOUT
No. 2:13-cv-00042-MCE-CKD
2
PREJUDICE

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ALAN B. LILLY, SBN 107409
BARTKIEWICZ, KRONICK & SHANAHAN P.C.
1011 Twenty-Second Street
Sacramento, California 95816
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for the Plaintiff
YUBA COUNTY WATER AGENCY
/s/ Beth S. Ginsberg (as authorized on 9/09/14)
MICHAEL N. MILLS, SBN 191762
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
BETH S. GINSBERG (Pro Hac Vice)
STOEL RIVES LLP
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Intervenors
NEVADA IRRIGATION DISTRICT
/s/ Delia Guevara (as authorized on 9/09/14)
WILLIAM V. MANHEIM, SBN 130182
DELIA GUEVARA SBN 146822
PACIFIC GAS AND ELECTRIC COMPANY
Law Department
P.O. Box 7442
San Francisco, CA 94120-7442
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Intervenors
PACIFIC GAS AND ELECTRIC COMPANY

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STIPULATION AND ORDER DISMISSING CASE WITHOUT
PREJUDICE

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No. 2:13-cv-00042-MCE-CKD

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/s/ Thomas M. Berliner (as authorized on 9/09/14)
THOMAS M. BERLINER, SBN 83256
JOLIE-ANNE S. ANSLEY, SBN 221526
JUSTIN J. FIELDS, SBN 259491
DUANE MORRIS LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Intervenors
STATE WATER CONTRACTORS, INC.

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GALLERY & BARTON
/s/ Jesse W. Barton (as authorized on 9/10/14)
DANIEL F. GALLERY, SBN 27295
JESSE W. BARTON, SBN 221337
GALLERY & BARTON
1112 I Street, Suite 240
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Intervenors
BROPHY WATER DISTRICT and
HALLWOOD IRRIGATION COMPANY

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ORDER

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The Court having read and considered the foregoing stipulation (ECF No. 83), pursuant

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to Federal Rule of Civil Procedure 41 this case is DISMISSED without prejudice. Each party

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shall bear its own fees and costs in connection with this action. The clerk shall administratively

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CLOSE this file.

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IT IS SO ORDERED.
Dated: September 12, 2014

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STIPULATION AND ORDER DISMISSING CASE WITHOUT
PREJUDICE

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No. 2:13-cv-00042-MCE-CKD