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

Filing 2719

ORDER granting ECF No. 2718 Stipulation to Continue the Stay Regarding Discovery and Motion Schedule (Fourth Request). NOW, THEREFORE, pursuant to the Third Stay Order, the Parties hereby stipulate and agree as follows: 1. The Scheduling Or der and obligations outlined therein should be stayed for a fourth 90-day period to give the Parties the opportunity to resolve the Tribe's outstanding water right claims by agreement (6/5/2023). 2. Within seven (7) days before the expiration of any stay granted the Parties will inform the Court either that additional time is needed to achieve a settlement agreement or that settlement will not be possible. In either case, the Parties will seek additional relief from the Court accordingly as needed and as contemplated by paragraphs 14 and 16 of the Scheduling Order. Signed by Magistrate Judge Craig S. Denney on 3/7/2023. (Copies have been distributed pursuant to the NEF - CJS)(Electronic service only.) (Walker River Water Case Display Page)

Case 3:73-cv-00127-MMD-CSD Document 2719 Filed 03/07/23 Page 1 of 4

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GORDON H. DEPAOLI, NSB #195
DALE E. FERGUSON, NSB #4986
DOMENICO R. DePAOLI, NSB #11553
Woodburn and Wedge
6100 Neil Road, Suite 500
Reno, Nevada 89511
Telephone: [phone]
Email: [e-mail]
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-Intervernor,

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v.

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IN EQUITY NO. C-127
3:73-cv-00127-MMD-CSD
STIPULATION AND ORDER
CONTINUING THE STAY REGARDING
DISCOVERY AND MOTION SCHEDULE

WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Defendants.

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1.

On June 23, 2022, the Plaintiffs and Principal Defendants (“Parties”) requested a

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90-day stay of the Scheduling Order1 and obligations outlined therein to give the Parties the

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opportunity to resolve the Tribe’s outstanding water right claims by agreement. Stipulation and

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[Proposed] Order Staying the Order Regarding Discovery and Motion Schedule (ECF No. 2701)

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(“Stipulation”).

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2.

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On June 24, 2022 the Court granted the Parties request. Order Staying the Order

Regarding Discovery and Motion Schedule (ECF No. 2702) (“Stay Order”).

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Order Regarding Discovery and Motion Schedule and Procedure (ECF No. 2611).

Case 3:73-cv-00127-MMD-CSD Document 2719 Filed 03/07/23 Page 2 of 4

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3.

Based upon the progress made by the Parties during that first 90-day Stay, on

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September 15, 2022, the Parties requested a second 90-day Stay (ECF 2706)(“Second Stay

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Order”).

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4.

Based upon the progress made by the Parties during that second 90-day Stay, on

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December 15, 2022, the Parties requested a third 90-day Stay (ECF 2713; 2714)(“Third Stay

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Order”).

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5.

In the Third Stay Order, the Court directed the Parties as follows: “Within seven

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(7) days before the expiration of any stay granted the Parties will inform the Court either that

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additional time is needed to achieve a settlement agreement or that settlement will not be possible.

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In either case, the Parties will seek additional relief from the Court accordingly as needed and as

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contemplated by paragraphs 14 and 16 of the Scheduling Order.” Third Stay Order at 3.

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6.

Since December 16, 2022, the Plaintiffs and Principal Defendants Walker River

Irrigation District and Nevada Department

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substantively and productively engaged in discussions, consultations and correspondence to

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pursue an agreement among the Parties that would resolve the Tribe’s outstanding water right

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claims. This activity was consistent with the extensive internal and external consultation

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previously contemplated by the Parties and the Court. See Stipulation at 3 ¶11.

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7.

of

Wildlife (the “Negotiating Parties”) have

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Although the Parties have been unable to yet achieve a final agreement, the

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Negotiating Parties have made substantial progress on such an Agreement which has included

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exchanges of and revisions to a written agreement.

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The Negotiating Parties believe that additional meetings, discussions,

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consultations, and correspondence would be beneficial and productive to developing a final

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agreement that would resolve the Tribe’s outstanding water right claims.

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9.

Accordingly, the Negotiating Parties believe that a fourth, 90-day stay of the

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Scheduling Order is justified and would be beneficial and productive to developing a final

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agreement that would resolve the Tribe’s outstanding water right claims.

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Case 3:73-cv-00127-MMD-CSD Document 2719 Filed 03/07/23 Page 3 of 4

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NOW, THEREFORE, pursuant to the Third Stay Order, the Parties hereby stipulate and
agree as follows:

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1. The Scheduling Order and obligations outlined therein should be stayed for a fourth 90-

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day period to give the Parties the opportunity to resolve the Tribe’s outstanding water right claims

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by agreement.

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2. Within seven (7) days before the expiration of any stay granted the Parties will inform

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the Court either that additional time is needed to achieve a settlement agreement or that settlement

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will not be possible. In either case, the Parties will seek additional relief from the Court accordingly

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as needed and as contemplated by paragraphs 14 and 16 of the Scheduling Order.

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Dated: March 6, 2023.
WOODBURN AND WEDGE
By:
/ 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

U.S. DEPARTMENT OF JUSTICE
By:
/ s / Guss Guarino
(per authorization)
Guss Guarino, Trial Attorney
Marisa J. Hazell, Trial Attorney
Environment and Natural Resources Div.
999 18th Street, Suite 370
Denver, Colorado 80202

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LAW OFFICES OF WES WILLIAMS, JR.,
P.C.
By:
/ s / Wes Williams, Jr.
(per authorization)
Wes Williams, Jr., NSB 6864
3119 Lake Pasture Rd.
P.O. Box 100
Schurz, Nevada 89427

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MEYER, WALKER & WALKER, P.C.

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By:

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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
BEST BEST & KRIEGER
By:

/ s / Roderick E. Walston
(per authorization)
Roderick E. Walston
2001 N. Main Street, Suite 390
Walnut Creek, California 94596
Attorney for Centennial Livestock and Lyon
County

/ s / Alice E. Walker
(per authorization)
Alice E. Walker
1007 Pearl Street, Suite 220
Boulder, Colorado 80302
Attorneys for Walker River Paiute Tribe

Jerry Snyder, NSB 6830
429 W. Plumb Lane
Reno, Nevada 89509
Attorney for Lyon County

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Case 3:73-cv-00127-MMD-CSD Document 2719 Filed 03/07/23 Page 4 of 4

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OFFICE OF THE ATTORNEY GENERAL
OF CALIFORNIA
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

THE COUNTY OF MONO (CA)
By:
/ s / Stacey Simon
(per authorization)
Stacey Simon, County Counsel
Emily Fox, Dep. County Counsel
P.O. Box 2415A
Mammoth Lakes, California 93546-2415
Attorneys for Mono County

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SIMONS HALL JOHNSTON PC
By:
/ 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

STATE OF NEVADA OFFICE OF THE
ATTORNEY GENERAL
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

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ORDER

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March 7
Dated: _____________,
2023.

IT IS SO ORDERED.

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_______________________________
United States Magistrate Judge

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