Yurok Tribe et al v. United States Bureau of Reclamation

Filing 158

ORDER granting [ 1055 Stipulation extending motion deadlines. Responses due by 9/26/2022. Replies due by 11/9/2022. Motion Hearing set for 12/7/2022 02:00 PM via Videoconference Only before Judge Willam H. Orrick. Signed by Judge William H. Orrick on 09/08/2022. (jmd, COURT STAFF) (Filed on 9/8/2022)

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SOMACH SIMMONS & DUNN
A Professional Corporation

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TODD KIM
Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
THOMAS K. SNODGRASS, Senior Attorney
Natural Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]; Fax: [phone]
Email: [e-mail]
ROBERT P. WILLIAMS, Senior Trial Attorney
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]; Fax: [phone]
Email: [e-mail]
Attorneys for Federal Defendants and Cross-Claimant
United States

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

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YUROK TRIBE, PACIFIC COAST
FEDERATION OF FISHERMEN’S
ASSOCIATIONS, and INSTITUTE FOR
FISHERIES RESOURCES,

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v.
U.S. BUREAU OF RECLAMATION and
NATIONAL MARINE FISHERIES SERVICE,

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(Related Case No. 3:16-cv-04294-WHO)
(Related Case No. 3:16-cv-06863-WHO)

Plaintiffs,

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Case No. 3:19-cv-04405-WHO

Defendants,
and
KLAMATH WATER USERS ASSOCIATION,
THE KLAMATH TRIBES, and KLAMATH
IRRIGATION DISTRICT,

STIPULATION AND [PROPOSED]
ORDER TO ENLARGE TIME ON
CROSS-MOTIONS FOR SUMMARY
JUDGMENT AND ASSOCIATED
BRIEFING
DATE: November 30, 2022
TIME: 2:00 p.m.
Courtroom 2, 17th Floor or Virtually
Judge: Honorable William H. Orrick

Intervenor-Defendants
UNITED STATES OF AMERICA,
Cross-Claimant,
STIP. & [PROPOSED] ORDER TO ENLARGE TIME ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER
BRIEFING 3:19-cv-04405-WHO
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YUROK TRIBE, PACIFIC COAST
FEDERATION OF FISHERMEN’S
ASSOCIATIONS, and INSTITUTE FOR
FISHERIES RESOURCES,

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Joined as Cross-Claimants,
v.
KLAMATH WATER USERS ASSOCIATION
and OREGON WATER RESOURCES
DEPARTMENT,
Crossclaim-Defendants,

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and
KLAMATH IRRIGATION DISTRICT,
Intervenor-Defendant.

SOMACH SIMMONS & DUNN
A Professional Corporation

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KLAMATH WATER USERS ASSOCIATION,
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Counterclaimant,
v.
UNITED STATES OF AMERICA,

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Counterclaim-Defendant.
OREGON WATER RESOURCES
DEPARTMENT,
Counterclaimant,

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v.
UNITED STATES OF AMERICA,
Counterclaim-Defendant.

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Per Local Rule 6-2, Crossclaim Defendant Oregon Water Resources Department

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(OWRD); Plaintiffs Yurok Tribe, Pacific Coast Federation of Fishermen’s Associations, and

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Institute for Fisheries Resources (collectively, “Plaintiffs”); Defendant and Cross-claimant

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United States of America (“United States”); Defendant-Intervenor, Crossclaim Defendant, and

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Counterclaimant Klamath Water Users’ Association (“KWUA”); Intervenor Klamath Tribes; and

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Intervenor Klamath Irrigation District (“KID”) (all, collectively, “the Parties”) submit this

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stipulation and proposed order to enlarge time on the briefing schedule for the parties’ cross-

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STIP. & [PROPOSED] ORDER TO ENLARGE TIME ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER
BRIEFING 3:19-cv-04405-WHO
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SOMACH SIMMONS & DUNN
A Professional Corporation

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motions for summary judgment and associated briefs by two weeks.
The reason for the requested extension is that Plaintiffs’ lead counsel will be out on

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bereavement leave September 8-12, and counsel for Plaintiffs and the United States also need

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additional time to prepare responses/replies to the summary judgment responses and cross-

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motions filed July 29 by OWRD, KWUA, and KID, which total over 200 pages, as well as to

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respond to KID’s Motion to Strike (Doc. 1039), Motion for Stay (Doc. 1040), Rule 56(d)

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Request to Extend Hearing on the Pending Summary Judgment Motions and Permit Discovery

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(Doc. 1041-3), and Request for Judicial Notice (collectively “KID’s Motions”).

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In addition, the Parties stipulate that they do not oppose an anticipated motion for leave

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to submit an amicus brief by the State of California, with a September 15 deadline for the filing

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the motion and proposed amicus brief and a November 9 deadline for any party to respond to the

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amicus brief, if the amicus brief is accepted for filing.

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The Parties previously stipulated that briefing on KID’s Motions be placed on the same

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schedule as briefing on the summary judgment motions and cross-motions filed in connection

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with the First Cause of Action of the United States’ crossclaim and KWUA’s and OWRD’s

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counterclaims, with responses to KID’s Motions due September 12, 2022 and KID’s replies due

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October 27, 2022. ECF Nos. 1048, 1049. The Parties also previously stipulated to a two-week

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extension and subsequently to an additional four-day extension of the deadline for oppositions to

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the United States’ and Plaintiffs’ motions for summary judgment and cross-motions for

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summary judgment. ECF Nos. 1034, 1035, 1036, 1037. The Parties also previously stipulated

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to an extension of OWRD’s responsive-pleading deadline. ECF No. 990. The Parties have not

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requested or received any other extensions of time since OWRD appeared in this action.

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Accordingly, the Parties stipulate as follows:

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1.

All replies from the United States and Plaintiffs to oppositions to their motions to

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for summary judgment and all responses to the motions filed by OWRD, KWUA, and KID on

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July 29, 2022 shall be filed by September 26, 2022.

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2.

The deadline for all reply briefs in support of the cross-motions for summary

judgment and KID’s Motions will be November 9, 2022.
STIP. & [PROPOSED] ORDER TO ENLARGE TIME ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER
BRIEFING 3:19-cv-04405-WHO
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The deadline for the State of California to file its unopposed motion for leave to

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submit an amicus brief and its proposed amicus brief will be September 15, 2022 and the deadline

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for the Parties to respond to the amicus brief, if it is accepted for filing, will be November 9,

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2022.

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4.

Counsel for the parties remain available for the November 30, 2022 hearing date.

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If the Court prefers to reschedule the hearing date to a later date, counsel have conferred

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regarding their availability in December. If the hearing is held virtually or telephonically, the

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parties are available the afternoon of December 7, as well as on December 5, 6, and 8. If those

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hearing dates do not work, the Parties’ next best availability is the afternoon of January 18.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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IT IS SO STIPULATED.

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DATED September 8, 2022.

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s/ Paul S. Simmons (with permission)
PAUL S. SIMMONS(CSBA # 127920)
Somach Simmons & Dunn, PC
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant-Intervenor, CrossDefendant, and Counterclaimant Klamath
Water Users Association
ELLEN F. ROSENBLUM
Attorney General
Oregon Department of Justice
s/ Sara Van Loh (with permission)
SARA VAN LOH #264704
Senior Assistant Attorney General
100 SW Market Street
Portland, OR 97201
Telephone: [phone]
[e-mail]
Attorneys for Oregon Water Resources
Department

s/ Patti A. Goldman (with permission)
PATTI A. GOLDMAN (WSBA # 24426)
[Pro Hac Vice]
KRISTEN L. BOYLES (CSBA # 158450)
Earthjustice
810 Third Avenue, Suite 610
Seattle, WA 98104
Telephone: [phone]
[e-mail]
[e-mail]
ANNA K. STIMMEL (CSBA # 322916)
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111
Telephone: [phone]
[e-mail]
Attorneys for Plaintiffs Pacific Coast
Federation of Fishermen's Associations,
Institute for Fisheries Resources, and
Yurok Tribe
AMY CORDALIS (CSBA # 321257)
4856 29th St. N.
Arlington, VA 22207
Telephone: [phone]
[e-mail]
Attorney for Yurok Tribe

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STIP. & [PROPOSED] ORDER TO ENLARGE TIME ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER
BRIEFING 3:19-cv-04405-WHO
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SOMACH SIMMONS & DUNN
A Professional Corporation

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s/ Jeremiah D. Weiner (with permission)
JEREMIAH D. WEINER (CSBA # 226340)
JOE MARTIN, Rosette, LLP
1415 L St., Suite 450
Sacramento, CA 95814
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for The Klamath Tribes
s/ Thomas K. Snodgrass
THOMAS K. SNODGRASS, Senior Attorney
Natural Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Fax: [phone]
[e-mail]

s/ Christopher A. Lisieski (with permission)
Nathan R. Rietmann
Rietmann Law PC
1270 Chemeketa St. NE
Salem, OR 97301
Telephone: [phone]
[e-mail]
John P. Kinsey and Christopher A. Lisieski
Wanger Jones Helsley PC
265 E. River Park Circle, Suite 310
Fresno, CA 93720
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Klamath Irrigation District

ROBERT P. WILLIAMS, Sr. Trial Attorney
Wildlife and Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Federal Defendants and
Cross-Claimant United States of America

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I, Thomas K. Snodgrass, attest that each of the other signatories concurred in the filing of
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this document on today’s date.
s/ Thomas K. Snodgrass
THOMAS K. SNODGRASS

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STIP. & [PROPOSED] ORDER TO ENLARGE TIME ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER
BRIEFING 3:19-cv-04405-WHO
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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing will now be set at 2 p.m.

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on December 7, 2022, by videoconference.

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DATED:September 8, 2022

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Honorable William H. Orrick
United States District Court Judge

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SOMACH SIMMONS & DUNN
A Professional Corporation

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STIP. & [PROPOSED] ORDER TO ENLARGE TIME ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER
BRIEFING 3:19-cv-04405-WHO
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