Moapa Band of Paiute Indians, et al v. Nevada Power, et al

Filing 101

ORDER Granting 100 Motion to Extend Time to Submit Proposed Settlement Documents. (Documents are due by 6/26/2015.) Signed by Magistrate Judge Nancy J. Koppe on 6/12/15. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:13-cv-01417-JAD-NJK Document 100 Filed 06/11/15 Page 1 of 4

1 ROBERT B. WIYGUL, ESQ. (pro hac vice)
Waltzer Wiygul & Garside, LLC
2 1011 Iberville Drive
Ocean Springs, MS 39564
3 Tel: [phone]
Fax: [phone]
4 [e-mail]
5 Counsel for Plaintiffs
6 ANDREW C. LILLIE, ESQ. (pro hac vice)
JESSICA BLACK LIVINGSTON, ESQ. (pro hac vice)
7 Hogan Lovells US LLP
1200 17th Street, Suite 1500
8 Denver, CO 80202
Phone: [phone]
9 Fax: [phone]
[e-mail]
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Counsel for Defendant Nevada Power Co.
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ANDREW K. GORDON
12 Duane Morris LLP
One Market Plaza, Suite 2200
13 San Francisco, CA 94105
Phone: [phone]
14 Fax: [phone]
[e-mail]
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Counsel for Defendant California Department of Water Resources
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Additional counsel on signature page.
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Case 2:13-cv-01417-JAD-NJK Document 100 Filed 06/11/15 Page 2 of 4

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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THE MOAPA BAND OF PAIUTE
INDIANS, a federally recognized Tribe of
Indians,
and
SIERRA CLUB, a California non-profit
corporation,

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Plaintiffs,
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vs.
NEVADA POWER CO., d/b/a NV
ENERGY,
and
CALIFORNIA DEPARTMENT OF
WATER RESOURCES,

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Defendants.

) Case No. 2:13-cv-01417-JAD-NJK
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) JOINT MOTION FOR ADDITIONAL TIME
) TO SUBMIT PROPOSED SETTLEMENT
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JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT
PROPOSED SETTLEMENT DOCUMENTS
Plaintiffs the Moapa Band of Paiute Indians (the “Moapa”) and Sierra Club,

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along with Defendants Nevada Power Company (“NPC”) and the California

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Department of Water Resources (“CDWR”) (collectively, the “Parties”), jointly request

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that the Court permit the parties fourteen (14) additional days to submit proposed
settlement documents to the Court. In support of this motion, the parties submit the

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Case 2:13-cv-01417-JAD-NJK Document 100 Filed 06/11/15 Page 3 of 4

1 following:
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(1) Following the May 28, 2015, settlement conference the parties reached an

3 agreement in principle to settle this matter, which remained subject to drafting of terms
4 and conditions.
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(2) By minute entry dated May 29, 2015 the Court told the parties to submit a

6 settlement draft by June 12, 2015, and a motion for approval of settlement agreement by
7 August 14, 2015. These dates took into account that with respect to Clean Water Act
8 claims the Department of Justice and the Environmental Protection Agency must be
9 provided notice of the proposed settlement and the settlement may not be approved until
10 45 days from the date of that notice.
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(3) The terms and conditions necessary to finalize the settlement proposal

12 include relatively complex provisions relating to the structure for a potential purchase of
13 water rights by the Moapa tribe, as well as other conditions of the proposed settlement.
14 The parties have exchanged drafts of proposed language, but have not reached
15 agreement on language. In addition, each party is undergoing an internal decision16 making and review process to obtain approval of final terms and conditions. The parties
17 will act expeditiously, but these processes require more time.
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(4)

Consequently, the Parties request the Court to extend the deadline for

19 submittal of the draft settlement by fourteen (14) days, or until June 26, 2015. The
20 parties also propose at that time to submit a motion to approve the settlement along with
21 a proposed order, with the required notification to the Court that Court may not act upon
22 the motion until the 45-day notice period had elapsed. The parties therefore submit that
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Case 2:13-cv-01417-JAD-NJK Document 100 Filed 06/11/15 Page 4 of 4

1 a separate date to set a motion to submit is not necessary.
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Respectfully submitted this 11th day of June, 2015.

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s/ Robert B. Wiygul
ROBERT B. WIYGUL, ESQ. (pro hac vice)
Waltzer Wiygul & Garside, LLC
1011 Iberville Drive
Ocean Springs, MS 39564
Tel: [phone]
Fax: [phone]
[e-mail]

s/ Gloria D. Smith
GLORIA D. SMITH, ESQ. (pro hac vice)
California Bar No. 200824
Sierra Club Environmental Law Program
85 Second Street
San Francisco, CA 94105
[phone]/ Fax: [phone]
[e-mail]

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Counsel for Plaintiffs

Counsel for Plaintiff Sierra Club

s/ Andrew C. Lillie
ANDREW C. LILLIE (pro hac vice)
JESSICA BLACK LIVINGSTON (pro hac vice)
Hogan Lovells US LLP
1200 17th Street, Suite 1500
Denver, CO 80202
Phone: [phone]
Fax: [phone]
[e-mail]

s/ Andrew K. Gordon
ANDREW K. GORDON (pro hac vice)
Duane Morris LLP
One Market Plaza, Suite 2200
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
[e-mail]

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Counsel for Defendant Nevada Power Co.

Counsel for Defendant California
Department of Water Resources

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IT IS SO ORDERED.
Dated: June 12, 2015

______________________________
United States Magistrate Judge

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