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

Filing 2439

ORDER DISCONTINUING SERVICE BY POSTCARD NOTICE. See Order for specifics. Signed by Magistrate Judge William G. Cobb on 3/8/2019. (Copies have been distributed pursuant to the NEF - LH) (Walker River Water Case Display Page)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13
14

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
WALKER RIVER PAIUTE TRIBE,
)
)
Plaintiff-Intervenor,
)
vs.
)
)
WALKER RIVER IRRIGATION
)
DISTRICT, a corporation, et al.,
)
)
Defendants.
)
______________________________________)

3:73-cv-00127-MMD-WGC
ORDER DISCONTINUING SERVICE
BY POSTCARD NOTICE

15
16

On October 17, 2014, the Court entered the Superseding Order Regarding Service and Filing

17

in Subproceeding C-125-B On and By All Parties (ECF No. 2100) (the “Superseding Order”). Pursuant

18

to the Superseding Order, the Court established the manner in which Motions, Papers, and Documents

19

filed with the Court were to be served and the manner in which Unrepresented Parties may file

20

documents herein. Among other things, the Superseding Order allowed Unrepresented Parties to elect

21

to receive service in this matter by electronic service or by postcard notice as provided in paragraphs 17

22

through 20 of the Superseding Order.

23

Since issuing the Superseding Order, the Court has observed the service process established

24

under the order. Because of the unique circumstances of this case, and for the reasons expressed herein,

25

the Court has determined that service by postcard notice should be discontinued, except as expressly

26

authorized on a case by case basis by a separate order of the Court. Unrepresented Parties who

27

previously elected service by postcard notice must either provide the Court with an email address for

28

electronic service, or they shall be deemed to have consented to receive service and subsequent notice

1

of all filings by taking the responsibility to check the public website established and maintained by the

2

Court described in the Superseding Order and in this Order.

3

Throughout this Order, the following definitions shall apply:

4

“Represented Party” means a party who has been served, who has filed a Notice of Appearance

5
6

and Intent to Participate, and who is represented by an attorney.
“Unrepresented Party” means a party who has been served and who previously filed a Notice

7

of Appearance and Intent to Participate, but who is not represented by an attorney.

8

ATTENTION – ACTION BY YOU MAY BE NECESSARY

9

As a result of the Superseding Order, numerous Unrepresented Parties elected to receive service

10

in this matter by postcard notice. For those Unrepresented Parties who elected to receive service by

11

postcard notice, the Court has directed that these Unrepresented Parties will be mailed a paper copy of

12

this order to their last known address.

13

In this Order Discontinuing Service by Postcard Notice, the Court is ordering that every

14

Unrepresented Party who previously elected to receive service by postcard should complete and return

15

the attached form titled: Notice of Email Address or, in the alternative, Declaration of Hardship.

16

Through this form, each Unrepresented Party who previously elected to receive service by postcard

17

must provide an email address for purposes of receiving service by electronic mail. In the alternative,

18

the Unrepresented Party may attempt to establish unique circumstances that make electronic service an

19

impossibility or an undue hardship. Subsequently, the Court shall take up claims of individual

20

circumstances/hardship on a case-by-case basis. The failure to return the “Notice” shall be interpreted

21

by the court that the unrepresented party consents to receive service and subsequent of all future filings

22

as provided in paragraph 7 herein.

23

BACKGROUND

24

As expressed previously in the Superseding Order, the Court continues to be concerned with the

25

need for an effective, efficient, and inexpensive method for the Court, as well as all parties, to serve

26

papers on Unrepresented Parties, and conversely to allow Unrepresented Parties to serve papers that

27

they may file. Although the Court is concerned with, among other things, the cost to the judiciary of

28

mailing paper copies, of greatest concern to the Court is that the cost of requiring every party to serve
2

1

Unrepresented Parties who previously elected service by postcard notice will unfairly impede the

2

participation of all parties to this matter, whether represented or unrepresented. The Court has observed

3

the cumbersomeness, confusion, and expense associated with the postcard notice process. Therefore,

4

based upon reflection and examination of proceedings since issuance of the Superseding Order, the

5

Court has concluded that service by postcard notice is an unnecessary expense to all parties and the

6

Court and the procedure should be discontinued (with limited possible exceptions based on established,

7

individual, unique circumstances).

8

FINDINGS AND CONCLUSIONS

9

Accordingly, and based upon the foregoing, the Court finds that service on Unrepresented

10

Parties by postcard notice should be discontinued except as might be stated in a subsequent, separate

11

order as to the specific circumstances of an Unrepresented Party.

12
13
14
15

ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED:
Continued Maintenance of the Public Website:
1.

As specified in the Superseding Order, the Clerk of the Court has established

16

and will continue to maintain a website that is separate from the Court’s official docket and available

17

to the public, on which the Clerk has and will post Orders and other filings of this subproceeding,

18

3:73-cv-00127-MMD-WGC.

19

2.

This

separate

public

website

may

be

accessed

directly

at:

20

https://ecf.nvd.uscourts.gov/casedisplay or by selecting “Walker River” on the District of Nevada’s

21

official website (www.nvd.uscourts.gov).

22

Service of This Order Discontinuing Service by Postcard Notice:

23

3.

The Court shall serve this Order Discontinuing Service by Postcard Notice through the

24

CM/ECF system on all Represented Parties. In addition, the Court shall send email notice of this Order

25

Discontinuing Service by Postcard Notice electronically to all Unrepresented Parties who have

26

previously consented to such service and provided the Court with an email address for such service.

27
28

4.

The Court shall serve this Order Discontinuing Service by Postcard Notice by first-class

mail on all Unrepresented Parties who previously elected service by postcard notice. The Court shall
3

1

serve such Unrepresented Parties at their last known address as reflected by the Court-maintained list

2

of addresses and any recent correspondence with such Unrepresented Parties previously electing

3

service by postcard notice. Such service of the Order shall also include the Notice of Email Address

4

or, in the Alternative, Declaration of Hardship form in substance as attached hereto as Exhibit A.

5

Action by Unrepresented Parties Previously Electing Service by Postcard Notice:

6

5.

An Unrepresented Party who previously elected service by postcard notice within

7

sixty (60) days of service of this Order Discontinuing Postcard Notice on such an Unrepresented Party

8

by the United States, must complete and return to the Court the attached Notice of Email Address or,

9

in the alternative, Declaration of Hardship. The completed form must be received by the Court no

10

later than May 7, 2019. The form must be mailed to:

11

U.S. District Court Clerk, Attn. 3:73-cv-00127-MMD-WGC Notice Clerk
Bruce R. Thompson Courthouse
400 S. Virginia Street, Room 301
Reno, Nevada 89501

12
13

An Unrepresented Party consenting to electronic service may wish to create a new email
14
address to receive notice from the Court that is separate from that party’s personal or other email
15
addresses.
16
Failure to Respond:
17
6.

Once an Unrepresented Party provides the Court an email address for service, that

18
party will receive an email from the Court each time a document is filed in this case, and in that email
19
that party will be directed to a specific location on the internet where the document can be easily
20
accessed and examined for free.
21
7.

If such an Unrepresented Party fails to respond to the Notice of Email Address or,

22
in the alternative, Declaration of Hardship, that party shall be deemed to have consented and agreed
23
to receive service and subsequent notice of all filings in this matter by taking the responsibility to check
24
the public website by selecting “Walker River” on the court’s website (www.nvd.uscourts.gov) or by
25
accessing the public website directly (https://ecf.nvd.uscourt.gov/casedisplay).
26
8.

In the event any party raises unique circumstances/claims of hardship that attempts to

27
establish the impossibility of electronic service or, otherwise, to establish that the electronic service
28
4

1

process is an undue hardship, the Court shall take up individual circumstances/claims of hardship on a

2

case-by-case basis in subsequent proceedings. The Court shall subsequently issue any order as needed

3

based on the Court’s conclusions on the individual circumstances/claims raised.

4

Service of Motions, Papers, and Documents Filed With the Court:

5

9.

After this Order has been issued and served as described in paragraphs 3 and 4 above, for

6

any paper filed with the Court in this Subproceeding, every party shall serve every other party with the

7

item filed as follows:

8

a.

9
10

that paper will be automatically served on all Represented Parties through the CM/ECF
system; and

b.

notice that a paper has been filed will be automatically served by the Court on all

11

Unrepresented Parties who consented to get service by email, and such notice will

12

direct the recipient to view papers through the Court’s website.

13
14

Availability to Public:
10.

All documents filed with this Court concerning this case will be available to the public

15

for free viewing at the Clerk’s Office in Reno, Nevada, and through the website described in paragraph

16

2 above. Free public access to the internet and the Court’s website may be made at the following

17

locations near the Walker River Basin:

18

Nevada libraries near Walker River Basin with public use computers:

19

Carson City Library, 900 N. Roop St., Carson City 89701 (775-887-2244)

20

Churchill County Library, 553 S. Maine St., Fallon 89406 (775-423-7581)

21

Fernley Branch – Lyon County, 575 Silver Lace Blvd., Fernley 89408 (775-575-3366)

22

Mineral County Library, 110 1st St., Hawthorne 89415 (775-945-2778)

23

Douglas County Library, 1625 Library Ln., Minden 89423 (775-782-9841)

24

Lyon County Central Library, 20 Nevin Way, Yerington 89447 (775-463-6645)

25

California libraries near Walker River Basin with public use computers:

26

Mono County Public Libraries

27

94 N. School St., Bridgeport 93517 (760-932-7482)

28

111569 Hwy. 395, Coleville 96107 (530-495-2788)
5

1
2

400 Sierra Park Rd., Mammoth Lakes 93546 (760-934-4777)
Filings by Unrepresented Parties:

3
4

11.

Unrepresented Parties may file documents in this subproceeding, 3:73-cv-00127-MMD-

WGC by mail or in person with the Clerk of the Court at:

5

Clerk of the Court
400 S. Virginia Street, Room 301
Reno, Nevada 89501

6
7

12.

In connection with all such filings, Unrepresented Parties must follow the requirements

8

set forth in paragraph 10 above and the Local Rules for the Federal District Court of Nevada, which are

9

available through the Court’s official website (www.nvc.uscourts.gov) and at the Clerk’s Office.

10

Changes of Address and/or Email:

11

13.

The Court maintains the mailing and email address of every Unrepresented Party. Every

12

Unrepresented Party to this action must notify the Court if their email address or mailing address

13

changes. In the event that the Court receives notification from the U.S. Postal Service that a mailing

14

address is no longer valid, or learns that the email address associated with an Unrepresented Party is

15

no longer valid, the Court shall no longer rely upon that address, and shall remove that address from the

16

list maintained. Any Unrepresented Party whose mailing or email address is determined to be invalid

17

may resume receiving correspondence by providing the Court with his/her valid mailing or email

18

address, as the case may be.

19

14.

20

Notice of all mailing or email address changes must be filed with the Court at:
U.S. District Court Clerk, Attn. 3:73-cv-00127-MMD-WGC Notice Clerk
Bruce R. Thompson Courthouse
400 S. Virginia Street, Room 301
Reno, Nevada 89501

21
22
15.

Unrepresented Parties who fail to notify the Court of mailing or email address changes

23
and who, as a result of such failure, do not receive notice of a filed document, will nevertheless be
24
deemed to have notice of that document and all subsequent orders and other filings in this matter.
25
///
26
///
27
///
28
6

1

Required Form to Complete and Return to the Court:

2

16. The Notice of Email Address or, in the alternative, Declaration of Hardship shall be completed

3

and shall be returned to:

4
U.S. District Court Clerk, Attn: 3:73-cv-00127-MMD-WGC Notice Clerk
Bruce R. Thompson Courthouse
400 S. Virginia Street, Room 301
Reno, Nevada 89501

5
6
7

17.

Unrepresented Parties needing assistance with the electronic notice and/or filing

8

procedures provided for herein are encouraged to contact the Clerk of Court at 775-686-5800, 9:00 a.m.

9

to 4:00 p.m., Monday through Friday, excluding federal holidays.

10
11

Miscellaneous:
18.

All parties are encouraged to keep a copy of this Order and a copy of their completed

12

Notice of Consent to Electronic Service or Request for Continuation of Service by Postcard Notice for

13

future reference.

14

DATED: March 8, 2019.

15
16

____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
7

1
2
3
UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA
5
UNITED STATES OF AMERICA,
6
7
8
9
10
11
12

)
)
Plaintiff,
)
)
WALKER RIVER PAIUTE TRIBE,
)
)
Plaintiff-Intervenor,
)
vs.
)
)
WALKER RIVER IRRIGATION
)
DISTRICT, a corporation, et al.,
)
)
Defendants.
)
______________________________________)

3:73-cv-00127-MMD-WGC
NOTICE OF EMAIL ADDRESS, OR
IN THE ALTERNATIVE,
DECLARATION OF HARDSHIP

13
To the Notice Clerk:
14
I am a defendant in this case who filed a Notice of Appearance, I am not represented by an
15
attorney, and I previously indicated that I wanted to be sent a postcard notifying me when substantive
16
pleadings were filed in this case. I hereby respond to the Court’s Order Discontinuing Service by
17
Postcard Notice.
18
Instructions to complete this form:
19
1)

You must fill out either Part I or Part II of this Notice; AND

2)

You must mail the completed form to the Court at the following address, no later

20
21
than May 7, 2019.
22
U.S. District Court Clerk, Attn: Attn. 3:73-cv-00127-MMD-WGC Notice Clerk
Bruce R. Thompson U.S. Courthouse
400 S. Virginia Street, Room #301
Reno, Nevada 89501

23
24
25
26

**********
Please keep a copy of this Order and the completed Form for your files.

27
28

Exhibit A

Page 1 of 3

1

PART I.

2

COMPLETE PART I ONLY IF YOU ARE PROVIDING AN EMAIL ADDRESS.

3

6

By completing the information below, I consent to receive electronic notice of filings and/or delivery
of documents by electronic means at the email address provided. This consent is limited to notification
of documents filed in this case in which I am a defendant, and consists of electronic notice of any Order
or other filing with a link to the filed document and docket sheet on a separate website. I understand that
if my email address and or mailing address changes, it is my responsibility to notify the Court in writing
of my new email address and or new mailing address, as applicable, and that if I fail to do so, I will
nevertheless be deemed to have notice of all subsequent Orders and filings in this case.

7

Name: (Please print legibly) __________________________________________________________

8

Telephone Number: ________________________________________________________________

9

Email Address: ____________________________________________________________________

10

Confirm Email Address: _____________________________________________________________

11

Mailing Address: ___________________________________________________________________

12

I declare under the penalty of perjury that the above is true and correct.

13

Signature: ______________________________________________________

14

Date: __________________________________________________________

15

Mail Notice and any changes of mailing and/or email address:

4
5

16

Consent for Electronic Service of Documents:

U.S. District Court Clerk, Attn: Attn. 3:73-cv-00127-MMD-WGC Notice Clerk
Bruce R. Thompson U.S. Courthouse
400 S. Virginia Street, Room #301
Reno, Nevada 89501

17
18
19
20
21
22
23
24
25

Please keep a copy of this Order and the completed Form for your files.

26
27
28

Exhibit A

Page 2 of 3

1

PART II. Declaration of Circumstances/Hardship that Make Electronic Service Impossible

2
3
4
5

COMPLETE PART II ONLY IF YOU ARE REQUESTING THE COURT TO APPROVE
NON-ELECTRONIC SERVICE PROCEDURES (POSTCARD NOTICE) FOR YOU.
I have unique circumstances that make electronic service impossible or an undue hardship.
I understand that the Court will take up my request up in the near future and that the Court may require
additional information from me to address my request. I understand that the Court has exclusive
authority to determine whether and how I will continue to receive service of filings in this case.

6
7

Please specify your individual circumstances that make electronic service an impossibility
or an undue hardship (attach additional pages if necessary):

8

_________________________________________________________________________________

9

_________________________________________________________________________________

10

_________________________________________________________________________________

11
Name: (Please print legibly) __________________________________________________________
12
Telephone Number: ________________________________________________________________
13
Mailing Address:___________________________________________________________________
14
_________________________________________________________________________________
15
16

I understand that if my address changes, it is my responsibility to notify the Court in writing at the below
address of my new address, and that if I fail to do so, I will nevertheless be deemed to have notice of
documents and all subsequent Orders and other filings in this case.

17
I declare under the penalty of perjury, pursuant to 28 U.S.C. § 1746, that the above is true and correct.
18
Signature: ______________________________________________________
19
Executed on date: ________________________________________________
20
21

Continuation Request for Postcard Notice and any changes of mailing address:

22

U.S. District Court Clerk, Attn: 3:73-cv-00127-MMD-WGC Notice Clerk
Bruce R. Thompson U.S. Courthouse
400 S. Virginia Street, Room #301
Reno, Nevada 89501

23
24
25
26

Please keep a copy of this Order and the completed Form for your files.

27
28

Exhibit A

Page 3 of 3