IN EQUITY C-125-B: UNITED STATES OF AMERICA V. WALKER RIVER IRRIGATION, ET AL.

Filing 1710

DOCKETING ERROR - DUPLICATE RE # 1709 - DISREGARD THIS ENTRY : ORDER REGARDING CERTAIN ISSUES ADDRESSED AT THE STATUS CONFERENCE OF MARCH 13, 2012. ( Ref. 1074 Order. ) Signed by Magistrate Judge William G. Cobb on 4/16/2012. ( Electro nic service only per Order #1300 in C-125-B (3-73-cv-127) and Order # 1075 in this case - DRM) Modified on 4/17/2012 to denote DUPLICATE DOCKETING ERROR (DRM). Modified on 4/17/2012 NEF Regenerated to electronic recipients to inform re docketing error (DRM).

Version B

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

UNITED STATES OF AMERICA,
Plaintiff,
WALKER RIVER PAIUTE TRIBE,
Plaintiff-Intervenor,
vs.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Defendants.
_____________________________________
MINERAL COUNTY,
Proposed-Plaintiff-Intervenor,
vs.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.
Proposed Defendants.

IN EQUITY NO. C-125-ECR
Subproceedings: C-125-B & C-125-C
3:73-CV-00125-ECR-WGC
3:73-CV-00127-ECR-WGC &
3:73-CV-00128-ECR-WGC

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proposed ORDER REGARDING
CERTAIN ISSUES ADDRESSED AT THE
STATUS CONFERENCE OF MARCH 13,
2012

This Order addresses certain issues considered by the Court on March 13, 2012, during
its Status Conference with the primary parties in Case No. C-125 and subproceedings C-125-B
and C-125-C.
1. Requests for Removal from Mailing List in C-125-B by Mary Rosachi (Doc. #B-1691)
and Walker General Inc. (Doc. #B-1692).
Several years ago, Magistrate Judge McQuaid determined that while the Court addressed
preliminary case management issues, service of filed documents should be limited to the primary
parties. (Doc. # B-1300, Feb. 1, 2008). It appears that Mary Rosachi and Walker General, Inc.
have been included on the Certificate of Service in error. During the Status Conference of
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March 13, 2012, the Court determined it was appropriate to remove both defendants from the
service list. It is hereby ORDERED that Mary Rosachi and Walker General, Inc. shall be
removed from the Court’s Certificate of Service in compliance with the Order of February 1,
2008 (Doc. #1300).

In addition, by separate Order, Walker General, Inc. has been dismissed

from this action because it does not fit within the categories of persons and entities that the Court
directed to be included in this subproceeding. Order Concerning Sixteenth Report of the United
States of America Concerning Status of Service on Certain persons and Entities and Request for
Guidance (Doc. # B-1701, Mar. 20, 2012). This and all other dismissals are without prejudice
because at some future point in this subproceeding, the Court may determine pursuant to the
Case Management Order that additional categories of persons and entities should be joined as
parties, which additional categories may include some or all of the persons and entities
previously dismissed.
2.
Clarification of Order Regarding Service by the Clerk’s Office (Doc. #B-1300, Feb.
Feb. 1, 2008).
1, 2008).
The Court hereby clarifies that Magistrate Judge McQuaid’s Order of February 1, 2008
(Doc. #B-1300) limiting service of filed documents to the primary parties during preliminary
case management efforts, also applies to all attorneys in this subproceeding who are registered
for e-service with the Court’s CM/ECF system, so that they too can limit their service of
documents in the same manner as the Clerk’s Office was directed to do. This clarification is
intended to prevent unnecessary mailings by the parties during the preliminary case management
efforts in this subproceeding and is consistent with the Case Management Order (Doc. #B-108,
Apr. 19, 2000), which states, among other things that no Answers or other pleadings will be
required except upon further order of the Magistrate Judge.

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3.

Proof of Service (Number Five), C-125-B (Doc. #B-1670, Nov. 30, 2011).
None of the parties present at the March 13, 2012, Status Conference raised any

objections to this Proof of Service. The Court deems that the persons and entities listed on this
Proof of Service have been properly served.
4.

United States Board of Water Commissioners (Doc. #B-1693; Doc. #B-1694).
The Court finds that the United States Board of Water Commissioners (“Board”) may

serve and file documents in these actions and should be served herein with any document
required to be served under the Federal Rules of Civil Procedure. The Court understands that the
Walker River Paiute Tribe has raised a variety of issues with the Board, and does not address
these issues at this time.
IT IS SO ORDERED this 16th day of April, 2012.

____________________________________________
Hon. William G. Cobb
United States Magistrate Judge

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