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

Filing 2591

ORDER granting ECF No. 2590 Stipulation to Submit Proposal Regarding Discovery Procedure and Agenda for Status Conference, and to Vacate Status Conference of 12/18/19. Discovery/Motion Proposal due by 1/30/2020. Signed by Magistrate Judge William G. Cobb on 12/12/2019. (Copies have been electronically distributed pursuant to the NEF - LH) (Walker River Water Case Display Page)

Download PDF
1 2 3 4 5 6 7 8 GORDON H. DePAOLI Nevada State Bar No. 00195 DALE E. FERGUSON Nevada State Bar No. 4986 DOMENICO R. DePAOLI Nevada State Bar No. 11553 WOODBURN AND WEDGE 6100 Neil Road, Suite 500 Reno, Nevada 89511 Telephone: 775 / 688-3000 Attorneys for WALKER RIVER IRRIGATION DISTRICT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 19 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) WALKER RIVER PAIUTE TRIBE, ) ) Plaintiff-Intervenor, ) ) v. ) WALKER RIVER IRRIGATION DISTRICT, ) a corporation, et al., ) ) Defendants. ) ) 3:73-cv-00127-MMD-WGC STIPULATION AND ORDER FOR EXTENSION OF TIME TO SUBMIT PROPOSAL REGARDING DISCOVERY PROCEDURE AND AGENDA FOR STATUS CONFERENCE, AND TO VACATE STATUS CONFERENCE OF DECEMBER 18, 2019 (First Request) 20 1. Pursuant to the Stipulated Scheduling Order and Discovery Plan (ECF 2437), 21 the United States and Walker River Paiute Tribe, and the Walker River Irrigation District, the 22 23 Nevada Department of Wildlife, Lyon County, Centennial Livestock, Desert Pearl Farms, LLC, 24 Peri Family Ranch, LLC, Peri & Peri, LLC and Frade Ranches, Inc., The Schroeder Group, 25 California State Agencies (California State Water Resources Control Board, California 26 Department of Fish and Wildlife and the California Department of Parks and Recreation), and 27 Mono County, California (the “Principal Defendants”), and Mineral County and the Walker 28 Lake Working Group were to submit a proposal to the Court on or before December 16, 2019 -1- 1 concerning, among things, coordination of discovery, including sharing discovery, scheduling 2 discovery, and other matters related to discovery and concerning matters related to dispositive 3 or partially dispositive motions (the “Discovery/Motion Proposal”). 4 2. Pursuant to the Minute Order of August 8, 2019 (ECF 2560), the Court 5 6 scheduled a Status Conference for December 18, 2019 at 10:00 a.m. to, among other things, 7 issue any orders needed to resolve disputes, if any, concerning the Discovery/Motion Proposal 8 among the parties, and to amend the Scheduling Order accordingly, and further directed the 9 United States to prepare an agenda for that Status Conference to be submitted on or before 10 11 December 13, 2019. 3. The United States and Walker River Tribe and the Principal Defendants have 12 exchanged drafts of Discovery/Motion Proposals, and have conferred and met in-person to 13 14 15 attempt to resolve the areas of disagreement between them. 4. Based upon the parties’ exchange of those drafts and their conference, it is clear 16 that the parties have common ground, but also continue to have significant differences between 17 them concerning the content of the Discovery/Motion Proposal. 18 19 5. In order to attempt to reach an agreement on some or all of those differences, the United States and Walker River Tribe and the Principal Defendants require additional time to 20 confer among themselves and thereafter with each other, and are of the view that with 21 22 23 additional time, they will be able to either resolve, or at least significantly reduce, the differences between them. 24 NOW, THEREFORE, pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and 25 LR IA6-1, the parties stipulate to extend the time to submit the Discovery/Motion Proposal to 26 January 30, 2020, and respectfully request that the Court vacate the December 18, 2019, Status 27 28 -2- 1 Conference and reschedule it to a date and time which is after January 30, 2020, and which is 2 convenient to the Court and the parties. 3 Dated: December 12, 2019. 4 WOODBURN AND WEDGE U.S. DEPARTMENT OF JUSTICE By: By: 12 MEYER, WALKER, CONDON & WALKER, P.C. 13 By: David L. Negri Trial Attorney, Natural Resources Section c/o U.S. Attorney’s Office 800 Park Boulevard, Suite 600 Boise, Idaho 83712 Attorneys for United States of America 5 6 7 8 9 10 11 14 15 / s / Gordon H. DePaoli Gordon H. DePaoli Nevada Bar No. 195 6100 Neil Road, Suite 500 Reno, Nevada 89511 Attorneys for Walker River Irrigation District / s / Alice E. Walker (per authorization) Alice E. Walker 1007 Pearl Street Boulder, Colorado 80302 / s / Andrew “Guss” Guarino (per authorization) A. Guss Guarino, Trial Attorney Environment and Natural Resources Div. 999 18th Street, Suite 370 Denver, Colorado 80202 ADVOCATES FOR COMMUNITY & ENVIRONMENT 16 17 18 19 20 LAW OFFICES OF WES WILLIAMS, JR., P.C. Wes Williams, Jr., NSB 6864 3119 Pasture Rd. P.O. Box 100 Schurz, Nevada 89427 Attorneys for Walker River Paiute Tribe By: / s / Simeon Herskovits (per authorization) Simeon Herskovits, NSB 11155 Iris Thornton P.O. Box 1075 El Prado, New Mexico 87529 Attorneys for Mineral County 21 22 23 24 25 26 27 28 OFFICE OF THE ATTORNEY GENERAL OF CALIFORNIA BEST BEST & KRIEGER By: By: / s / Nhu Q. Nguyen (per authorization) Nhu Q. Nguyen, NSB 7844 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, California 94244-2550 Attorneys for California State Agencies / s / Roderick E. Walston (per authorization) Roderick E. Walston 2001 N. Main Street, Suite 390 Walnut Creek, California 94596 Jerry Snyder, NSB 6830 429 W. Plumb Lane Reno, Nevada 89509 Attorneys for Lyon County -3- 1 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL THE COUNTY OF MONO (CA) By: / s / Tori Sundheim (per authorization) Tori Sundheim, NSB 14156 Sr. Deputy Attorney General 100 N. Carson Street Carson City, Nevada 89701-4717 Attorneys for Nevada Department of Wildlife By: 8 SCHROEDER LAW OFFICES, P.C. SIMONS HALL JOHNSTON PC 9 By: By: 2 3 4 5 6 / s / Jason Canger (per authorization) Stacey Simon, County Counsel Jason Canger P.O. Box 2415A Mammoth Lakes, California 93546-2415 Attorneys for Mono County 7 10 11 12 / s / Therese A. Ure (per authorization) Therese A. Ure, NSB 10255 10615 Double R Boulevard, Suite 100 Reno, Nevada 89521 Attorneys for The Schroeder Group 13 / s / Brad M. Johnston (per authorization) Brad M. Johnston, NSB 8515 22 State Route 208 Yerington, Nevada 89447 Attorneys for Desert Pearl Farms, Peri Family Ranch, LLC, Peri & Peri LLC, and Frade Ranches 14 15 16 ORDER Dated: December 12, 2019. IT IS SO ORDERED. 17 18 19 20 William G. Cobb United States Magistrate Judge 21 22 23 24 25 26 27 28 -4-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?