Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al
Filing
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ORDER granting 53 STIPULATION extending deadlines re 33 MOTION to Dismiss. Reply due by 11/16/2016. Motion Hearing continued to 1/11/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 10/28/2016. (jmdS, COURT STAFF) (Filed on 10/28/2016)
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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: 202-305-0206 | Fax: 202-305-0275
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Attorneys for Federal Defendants
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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
NATIONAL MARINE FISHERIES
SERVICE,
Defendants.
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CASE NO. 3:16-cv-04294-WHO
STIPULATED REQUEST TO ENLARGE
TIME FOR FEDERAL DEFENDANTS’
REPLY IN SUPPORT OF THEIR MOTION
TO DISMISS (DN 33) AND TO CONTINUE
THE HEARING DATE
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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), and also to continue the hearing on said motion. Currently, Federal Defendants’ reply is due
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by November 2, 2016 (DN 43), and the hearing is scheduled for December 7, 2016 (DN 46).
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Good cause exists for enlarging the time for Federal Defendants’ reply given the
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complexity of the issues involved and the workload of undersigned counsel for Federal
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Defendants. In particular, on October 19, 2016, Plaintiff filed a 25-page opposition to Federal
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Defendants’ motion (DN 44), accompanied by a seven-page declaration (DN 44-1), and a notice
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of errata or, in the alternative, amendment of plaintiff’s first amended complaint (DN 45).
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Undersigned counsel for Federal Defendants was on work-related travel on October 25-26 and is
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lead counsel in several other matters that have required significant time commitments since
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October 19. Given this, the current deadline of November 2 does not afford sufficient time in
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which to adequately prepare Federal Defendants’ reply and secure the necessary internal review
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of the brief, both within the Defendant agencies as well as the Department of Justice.
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Federal Defendants previously requested a one-week extension of the original deadline
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for their reply (i.e., from October 26 to November 2) so as to not potentially interfere with the
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then-scheduled hearing date of November 16 (DN 41 & 43); however, the hearing date has since
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been continued to December 7 (DN 46). In light of this, extending the deadline for Federal
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Defendants’ reply by an additional two weeks (i.e., from November 2 to November 16) will not
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interfere with the December 7 hearing date on Federal Defendants’ motion.
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In fact, good cause exists to further continue the hearing date on Federal Defendants’
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motion from December 7 to January 11, 2017 because undersigned counsel for Federal
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Defendants will be out of the office on paternity leave for the month of December.
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WHEREFORE, the parties hereby stipulate to Federal Defendants’ request to extend the
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time for them to file their reply brief in support of their motion to dismiss up to, and including,
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November 16, 2016, and to continue the hearing on Federal Defendants’ motion to January 11,
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2017 at 2 p.m.
Dated: October 28, 2016
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Respectfully submitted,
JOHN C. CRUDEN
Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
Wildlife & Marine Resources Section
/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: (202) 305-0206 | Fax: (202) 305-0275
Email: robert.p.williams@usdoj.gov
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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: 206-386-5200 / Fax: 206-386-7322
t.schlosser@msaj.com
t.somerville@msaj.com
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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: (916) 446-7979
Facsimile: (916) 446-8199
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psimmons@somachlaw.com
rdeitchman@somachlaw.com
kcorby@somachlaw.com
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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 28, 2016
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WILLIAM H. ORRICK
United States District Judge
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