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

Filing 2608

ORDER - ECF No. 2607 Stipulation is granted. Responses to the Joint Motion (ECF No. 2606 ) will be due within 90 days of its service and replies to responses will be due within 45 days of service of the responses.The Co urt will not approve any future request to further extend the briefing schedule. Signed by Magistrate Judge William G. Cobb on 2/27/2020. (Copies have been distributed through electronic service only - AB) (Walker River Water Case Display Page)

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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

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UNITED STATES OF AMERICA,

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Plaintiff,
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WALKER RIVER PAIUTE TRIBE,
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Plaintiff-Intervenor,
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v.
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WALKER RIVER IRRIGATION DISTRICT, )
a corporation, et al.,
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Defendants.
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3:73-cv-00127-MMD-WGC

STIPULATION AND ORDER
CONFIRMING SCHEDULE AND
RELATED MATTERS FOR
RESPONSES AND REPLIES WITH
RESPECT TO JOINT MOTION
FOR JUDGMENT ON THE
PLEADINGS

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1.

On February 19, 2020, a Status Conference was held in this matter before the

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Honorable William G. Cobb, U.S. Magistrate Judge, concerning the Proposed Scheduling
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Order and Discovery Plan (ECF 2598).
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As a result of that Status Conference, the parties agreed to revise the Proposed

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Scheduling Order and Discovery Plan pursuant to the discussion with and instructions from the

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Court. See Minutes of Proceedings, ECF 2605.

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3.

The parties have been directed to file a revised Proposed Scheduling Order and

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Discovery Plan by March 13, 2020.
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4.

On February 20, 2020, Plaintiffs filed a Joint Motion for Judgment on the

Pleadings (ECF 2606) (the “Joint Motion”).

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5.

During the Status Conference, Plaintiffs stated that they would be filing the Joint

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Motion, and it was agreed that the schedule for responses and replies to the Joint Motion would
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be as the parties had agreed in the not yet final Proposed Scheduling Order and Discovery Plan.
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In addition, the parties were in substantial agreement on the provisions to be

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included in the Proposed Scheduling Order and Discovery Plan concerning coordination, to the

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extent feasible, with respect to the filing of motions, the grounds for motions, briefs supporting

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motions, and page limits with respect to briefs concerning motions.

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NOW, THEREFORE, the parties hereby stipulate and agree as follows:

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1.

The party groups (i.e., Plaintiffs and Principal Defendants) will coordinate their

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respective responsive and reply briefs with respect to the Joint Motion, and will do their best to
file joint responses or replies.
2.

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Plaintiffs and Principal Defendants potentially have common issues to brief. To

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the extent feasible, the party groups (i.e., Plaintiffs and Principal Defendants) shall separately

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work as a group to file a single brief on a common issue. No page limit will be imposed on a

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response or reply to the extent that multiple common issues are incorporated into a single brief.

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3.

If a response or reply is filed by individual parties rather than as a group, the

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Local Rules of the Court concerning page limitations shall apply.

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4.

Responses to the Joint Motion will be due within 90 days of its service, and

replies to responses will be due within 45 days of service of the responses.

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Dated: February 26, 2020.

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WOODBURN AND WEDGE

U.S. DEPARTMENT OF JUSTICE

By:

By:

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/ 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

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LAW OFFICES OF WES WILLIAMS, JR.,
P.C.

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By:

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/ s / Wes Williams, Jr.
(per authorization)
Wes Williams, Jr., NSB 6864
3119 Pasture Rd.
P.O. Box 100
Schurz, Nevada 89427
MEYER, WALKER, CONDON &
WALKER, P.C.
Alice E. Walker
1007 Pearl Street
Boulder, Colorado 80302
Attorneys for Walker River Paiute Tribe

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OFFICE OF THE ATTORNEY GENERAL
OF CALIFORNIA

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By:

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/ s / Tyler J. Eastman
(per authorization)
A. Guss Guarino, Trial Attorney
Tyler J. Eastman, Trial Attorney
Environment and Natural Resources Div.
999 18th Street, Suite 370
Denver, Colorado 80202
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

ADVOCATES FOR COMMUNITY &
ENVIRONMENT

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
BEST BEST & KRIEGER
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
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STATE OF NEVADA OFFICE OF THE
ATTORNEY GENERAL

THE COUNTY OF MONO (CA)

By:

/ s / Anthony J. Walsh
(per authorization)
Anthony J. Walsh, NSB 14128
Deputy Attorney General
100 N. Carson Street
Carson City, Nevada 89701-4717
Attorneys for Nevada Department of Wildlife

By:

SCHROEDER LAW OFFICES, P.C.

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SIMONS HALL JOHNSTON PC

By:

By:

/ s / Jason Canger
(per authorization)
Stacey Simon, County Counsel
Jason Canger, Dep. County Counsel
P.O. Box 2415A
Mammoth Lakes, California 93546-2415
Attorneys for Mono County

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/ 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

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/ 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

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ORDER

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While the court approves of the briefing schedule regarding the “Joint Motion” (⁋ 4, ECF

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No. 2607 at p. 3), due to the extended time provided in the briefing schedule, the court will not

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approve any future request to further extend the briefing schedule.

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IT IS SO ORDERED.
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27, 2020
DATED: February 6, 2020.

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UNITED STATES MAGISTRATE JUDGE

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