Environmental Protection Information Center v. Lehr et al

Filing 47

ORDER GRANTING HOOPA VALLEY TRIBE'S MOTION TO INTERVENE AS A DEFENDANT. Signed by Judge Maxine M. Chesney on September 25, 2013. (mmclc1, COURT STAFF) (Filed on 9/25/2013)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ENVIRONMENTAL PROTECTION
INFORMATION CENTER,

Case No. C-13-02293-MMC-NJV

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Plaintiff,

[PROPOSED] ORDER GRANTING
HOOPA VALLEY TRIBE’S MOTION TO
INTERVENE AS A DEFENDANT

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v.
STAFFORD LEHR; CHARLTON H.
BONHAM; S.M.R. JEWELL; MICHAEL
L. CONNOR; DAVID MURILLO; U.S.
BUREAU OF RECLAMATION,

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Defendants.

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Hoopa Valley Tribe's motion to intervene, as well as
THE COURT, having considered the arguments of counsel and the files and records
the statements of non-opposition filed by, respectively, plaintiff and the State Defendants,
herein, finds that the Hoopa Valley Tribe has a present legal interest in and relating to the

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transactions and matters that are the subject of this action and the Tribe is so situated that the

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disposition of this action may, as a practical matter, impair or impede its ability to protect that

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[PROPOSED] ORDER GRANTING HOOPA VALLEY TRIBE’S MOTION TO INTERVENE AS A DEFENDANT

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interest. The Court further finds that the Tribe’s interests in this litigation are not adequately

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represented by the existing parties.

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The Court also finds that the Tribe’s defenses and the main action have questions of law

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and fact in common. The intervention of the Tribe will not prejudice the adjudication of the

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rights of the other parties to this action and will not delay trial in this matter.

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Accordingly, IT IS HEREBY ORDERED that the motion of the Hoopa Valley Indian
Tribe shall be granted pursuant to Fed. R. Civ. P. 24.
SO ORDERED this _____ day of August, 2013. September, 2013.
25th

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Maxine M. Chesney, Judge
U.S. District Court for the Northern
District of California

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Presented by:
MORISSET, SCHLOSSER, JOZWIAK & SOMERVILLE

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/s/ Thomas P. Schlosser
Thomas P. Schlosser
Attorneys for Defendant-Intervenor Hoopa Valley Tribe

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T:\WPDOCS\0020\05543\EPICvLehr\Prop ORDER Intervene 080713.docx
kfn:8/7/13

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[PROPOSED] ORDER GRANTING HOOPA VALLEY TRIBE’S MOTION TO INTERVENE AS A DEFENDANT