Friends of the River v. National Marine Fisheries Service et al

Filing 48

ORDER signed by District Judge John A. Mendez on 07/18/17 ORDERING that the 44 Motion to Strike is GRANTED IN PART and DENIED IN PART; because YCWA filed a Joinder to Federal Defendants' 42 Motion, the Court finds YCWA's statements of disputed and undisputed facts are unnecessary and improper. Documents No. 41-1 and 41-2, are STRICKEN. The Court AMENDS the briefing schedule as follows: the page limit for Plaintiff's combined reply and opposition brief to Federal Defendants& #039; motion is increased from 20 pages to 25 pages and due 07/28/17; the page limit for Plaintiff's combined reply and opposition brief to YCWA's brief is increased from 20 to 25 pages and is due 08/11/17; Federal Defendants and YCWA shall not be allowed to file two separate reply briefs in support of Federal Defendants' cross-motion for summary judgment. Federal Defendants and YCWA may instead file a joint reply brief, not to exceed 20 pages, by 08/25/17. The Court will set a hearing date on these motions after all briefs have been submitted. (Benson, A)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13

FRIENDS OF THE RIVER,

14
15
16

No.

2:16-cv-00818-JAM-EFB

Plaintiff,
v.

ORDER GRANTING PLAINTIFF’S
MOTION TO STRIKE IN PART

NATIONAL MARINE FISHERIES
SERVICE, et al.,

17
Defendants,
18
&
19
YUBA COUNTY WATER AGENCY,
20
21

Defendant
Intervenor.

22
23

This matter is before the Court on Friends of the River’s

24

(“Plaintiff”) Motion to Strike Yuba County Water Agency’s

25

(“YCWA”) Memorandum in Support of Federal Defendants’ Summary

26

Judgment Motion.

27

because it duplicates arguments Federal Defendants made in their

28

Cross-Motion for Summary Judgment, thereby violating this Court’s

Plaintiff argues the brief should be stricken

1

1

order that “YCWA shall not repeat any arguments raised by Federal

2

Defendants” in its own cross-motion/opposition to the motion for

3

summary judgment.

4

YCWA’s Joinder in Federal Defendants’ motion is improper under

5

the Court’s order.

6

ECF No. 32.

Plaintiff also contends that

Because YCWA filed a Joinder to Federal Defendants’ motion,

7

ECF No. 42, the Court finds YCWA’s statements of disputed and

8

undisputed facts are unnecessary and improper.

9

ECF No. 41-1 and 41-2, shall be stricken from the docket.

10

Those documents,

The Court further finds that YCWA’s brief largely builds

11

upon arguments raised by Federal Defendants in their own Cross-

12

Motion for Summary Judgment.

13

also Plaintiff’s Motion to Strike, ECF No. 44-1, at 3–4; Exh. B

14

to YCWA’s Opposition, ECF No. 46-2.

15

purpose of the Court’s order and the balance the Court struck in

16

permitting YCWA to intervene and file motions on its own behalf.

17

The Court declines to strike the brief, but remedial action is

18

warranted.

19

1.

See YCWA’s Memorandum at 15–26; see

This filing circumvents the

The Court amends the briefing schedule as follows:
The page limit for Plaintiff’s combined reply and

20

opposition brief to Federal Defendants’ motion is increased from

21

20 pages to 25 pages and is not due until July 28, 2017.

22

2.

The page limit for Plaintiff’s combined reply and

23

opposition brief to YCWA’s brief is increased from 20 to 25 pages

24

and is not due until August 11, 2017.

25

3.

Federal Defendants and YCWA shall not be allowed to

26

file two separate reply briefs in support of Federal Defendants’

27

cross-motion for summary judgment.

28

may instead file a joint reply brief, not to exceed 20 pages, by
2

Federal Defendants and YCWA

1
2

August 25, 2017.
The Court will set a hearing date on these motions after all

3

briefs have been submitted.

4

IT IS SO ORDERED.

5

Dated: July 18, 2017

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3