Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al

Filing 43

STIPULATION TO ENLARGE TIME FOR FEDERAL DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS - Reset Deadlines as to 33 MOTION to Dismiss. Reply due by 11/2/2016. Signed by Judge William H. Orrick on 10/17/2016. (jmdS, COURT STAFF) (Filed on 10/17/2016)

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JOHN C. CRUDEN,
Assistant Attorney General
Environment & Natural Resources Division
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
ROBERT P. WILLIAMS, Sr. Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone] | Fax: [phone]

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Attorneys for Federal Defendants
UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HOOPA VALLEY TRIBE,
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Plaintiff,

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v.
U.S. BUREAU OF RECLAMATION
and

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NATIONAL MARINE FISHERIES
SERVICE,
Defendants.

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CASE NO. 3:16-cv-04294-WHO

STIPULATION TO ENLARGE TIME FOR
FEDERAL DEFENDANTS’ REPLY IN
SUPPORT OF THEIR MOTION TO
DISMISS (DN 33)

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Pursuant to Local Rule 6-2, Plaintiff Hoopa Valley Tribe, Defendants U.S. Bureau of

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Reclamation and National Marine Fisheries Service (“Federal Defendants”), and Defendant-

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Intervenors Klamath Water Users Association, Sunnyside Irrigation District, and Ben DuVal

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hereby agree and stipulate to Federal Defendants’ request to enlarge the time for Federal

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Defendants to file a reply in support of their motion to dismiss or, in the alternative, to stay (DN

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33). Currently, Plaintiff’s Opposition to Federal Defendants’ motion is due by October 19, 2016,

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which would make Federal Defendants’ reply brief due within seven days thereof (i.e., by

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October 26, 2016) under Local Rule 7-3(c).

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Good cause exists for enlarging the time for Federal Defendants’ reply because

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undersigned counsel for Federal Defendants will be on work-related travel on other matters

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October 25-26, which would leave an insufficient amount of time in which to prepare Federal

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Defendants’ brief by October 26 given the complexity of the issues involved and the time

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required for internal review of the brief, both within the Defendant agencies as well as the

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Department of Justice. An extension of one week (i.e., to November 2, 2016) is the minimum

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amount of time necessary to adequately prepare Federal Defendants’ reply brief. Federal

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Defendants have not previously sought an extension of this deadline. The requested extension is

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consistent with Local Rule 7-2 and should not affect the hearing date on Federal Defendants’

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motion, as the new deadline for their reply brief would be 14 days prior to the scheduled hearing

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date of November 16, 2016.
WHEREFORE, the parties hereby stipulate to enlarge the time for Federal Defendants to

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file their reply brief in support of their motion to dismiss up to, and including, November 2,
2016.

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Dated: October 12, 2016
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Respectfully submitted,
JOHN C. CRUDEN
Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division

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SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
Wildlife & Marine Resources Section

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/s/ Robert P. Williams
ROBERT P. WILLIAMS
Sr. Trial Attorney (SBN 474730 (DC))
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone] | Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants

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/s/ Thomas P. Schlosser
Thomas P. Schlosser WSBA #06276
Thane D. Somerville WSBA #31468
MORISSET, SCHLOSSER, JOZWIAK &
SOMERVILLE
Suite 1115, Norton Building
801 Second Avenue
Seattle, WA 98104-1509
Tel: [phone] / Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Hoopa Valley Tribe

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/s/ Richard S. Deitchman
SOMACH SIMMONS & DUNN
A Professional Corporation
PAUL S. SIMMONS, ESQ. (SBN 127920)
RICHARD S. DEITCHMAN, ESQ. (SBN 287535)
KRISTIAN C. CORBY, ESQ. (SBN 296146)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant-Intervenors
KLAMATH WATER USERS ASSOCIATION,
SUNNYSIDE IRRIGATION DISTRICT, and BEN
DUVAL
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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: October 17, 2016

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WILLIAM H. ORRICK
United States District Judge

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