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

Filing 2721

ORDER granting ECF No. 2720 Motion to Substitute Party : Wood Bridgeport, LLC, and Lacey Livestock, are substituted for Centennial Livestock as defendants in this action. Signed by Magistrate Judge Craig S. Denney on 3/9/2023. (Centennial Livestock terminated. ) (Copies have been distributed pursuant to the NEF - DRM) (Walker River Water Case Display Page)

Case 3:73-cv-00127-MMD-CSD Document 2721 Filed 03/09/23 Page 1 of 5

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RODERICK E. WALSTON
Pro hac vice (Cal. Bar No. 32675)
MILES B. H. KRIEGER
Pro hac vice (Cal. Bar No. 309797)
BEST BEST & KRIEGER LLP
2001 North Main Street, Suite 390
Walnut Creek, CA 94596
Telephone: [phone]
Mobile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
CENTENNIAL LIVESTOCK

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,

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Case No. 3:73-CV-00127-MMD-CSD

WALKER RIVER PAIUTE TRIBE,

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IN EQUITY NO. C-125

Plaintiff-Intervenor,

MOTION TO SUBSTITUTE
PARTY AND ORDER

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

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BEST BEST & KRIEGER
LLP
ATTORNEYS AT LAW
WALNUT CREEK

82226.00004\41076383.1

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3:73-CV-00127-MMD-CSD
MOTION TO SUBSTITUTE PARTY
AND PROPOSED ORDER

Case 3:73-cv-00127-MMD-CSD Document 2721 Filed 03/09/23 Page 2 of 5

MOTION TO SUBSTITUTE PARTY

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Pursuant to Rule 25(c) of the Federal Rules of Civil Procedure (FRCP),

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defendant Centennial Livestock hereby moves to substitute Wood Bridgeport,

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LLC, and Lacey Livestock, for Centennial Livestock as defendants in this action.

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Centennial Livestock has transferred its ownership interest in its land and water

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rights, including its water rights in the Walker River, to the aforementioned

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entities, as a result of which Centennial Livestock has ceased to own any land or

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water rights affected by the action. The grounds for this motion are set forth in the

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Memorandum of Points and Authorities, and on all papers and pleadings on file in

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this proceeding.

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MEMORANDUM OF POINTS AND AUTHORITIES

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1. Rule 25(c) of Federal Rules of Civil Procedure

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Under Rule 25(c) of the FRCP, if the interest of a party is transferred, the

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action may be continued by or against the original party unless the court, on

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motion, orders the transferee to be substituted in the action. “Rule 25(c) is not

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designed to create new relationships among parties to a suit but is designed to

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allow the action to continue unabated when an interest in the lawsuit changes

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hands.” In re Bernal, 207 F.3d 595, 598 (9th Cir. 2000), quoting Collateral

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Control Corp v. Deal, 638 F.2d 1362, 1264 (5th Cir. 1981). According to a leading

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treatise:

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The most significant feature of Rule 25(c) is that it does not require
that anything be done after an interest has been transferred. The
action may be continued by or against the original party, and the
judgment will be binding on his successor in interest even though he
is not named. An order of joinder is merely a discretionary

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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
WALNUT CREEK

82226.00004\41076383.1

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3:73-CV-00127-MMD-CSD
MOTION TO SUBSTITUTE PARTY
AND PROPOSED ORDER

Case 3:73-cv-00127-MMD-CSD Document 2721 Filed 03/09/23 Page 3 of 5

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determination by the trial court that the transferee’s presence would
facilitate the conduct of the litigation.

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7C Charles Alan Writ, Arthur R. Miller & Mary Kay Kane, Federal Practice and
Procedure § 1958 (2d ed. 1986) (footnote omitted).

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2. Factual Grounds for Motion

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Centennial Livestock is a limited liability partnership located in and
established under the laws of California. Centennial Livestock possesses water
rights in the Walker River, which were recognized and adjudicated in the Walker
River Decree. Centennial Livestock is one of the defendants in this action, and is
also one of the Principal Defendants, who are the defendants that have actively
participated in the litigation. Centennial Livestock has actively participated in this
litigation, by, among other things, filing pleadings, motions and briefs, and joining
in actions taken by the other Principal Defendants.

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For succession planning and other actions unrelated to the pending action,
Centennial Livestock recently transferred its ownership interests in its land and
water rights, including its water rights in the Walker River, to its general partners.
As a result, the land and water rights formerly owned by Centennial Livestock are
now owned by two new entities—Wood Bridgeport, LLC, a California limited
liability company, and Lacey Livestock, a California general partnership. As a
result of the transfer, Wood Bridgeport, LLC, will own 52%, and Lacey Livestock
48%, of Centennial Livestock’s land and water rights, including its water rights in
the Walker River. As a result of the transfer, Centennial Livestock has ceased to
own any land or water rights affected by the action.

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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
WALNUT CREEK

82226.00004\41076383.1

-3-

3:73-CV-00127-MMD-CSD
MOTION TO SUBSTITUTE PARTY
AND PROPOSED ORDER

Case 3:73-cv-00127-MMD-CSD Document 2721 Filed 03/09/23 Page 4 of 5

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This motion is to substitute the two new entities—Wood Bridgeport, LLC,

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and Lacey Livestock—for Centennial Livestock under Rule 25(c) of the FRCP.

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The substitution of the new entities for Centennial Livestock would facilitate the

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conduct of this litigation. Centennial Livestock no longer has an interest in the

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action, and there is no longer a basis for Centennial Livestock’s being a defendant

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in this action. On the other hand, the two successor entities—Wood Bridgeport,

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LLC, and Lacey Livestock—now possess the water rights in the Walker River that

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were formerly held by Centennial Livestock, and thus they have the same interest

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in defending their water rights in the instant action that Centennial Livestock

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formerly had. Therefore, it is appropriate that Wood Bridgeport, LLC, and Lacey

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Livestock be substituted for Centennial Livestock as defendants in this action.

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The two new entities will be represented by Centennial Livestock’s counsel,
Roderick E. Walston.

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CONCLUSION

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For the foregoing reasons, this Court should grant the motion to substitute

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Wood Bridgeport, LLC, and Lacey Livestock, for Centennial Livestock as

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defendants in this action.

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Dated: March 8, 2023
By: /s/ Roderick E. Walston
RODERICK E. WALSTON
Counsel for defendant Centennial
Livestock

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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
WALNUT CREEK

82226.00004\41076383.1

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3:73-CV-00127-MMD-CSD
MOTION TO SUBSTITUTE PARTY
AND PROPOSED ORDER

Case 3:73-cv-00127-MMD-CSD Document 2721 Filed 03/09/23 Page 5 of 5

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ORDER
Wood Bridgeport, LLC, and Lacey Livestock shall be substituted for
defendant Centennial Livestock as defendants in this action.
DATED: March 9, 2023.

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_____________________________

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United States Magistrate Judge

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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
WALNUT CREEK

82226.00004\41076383.1

-5-

3:73-CV-00127-MMD-CSD
MOTION TO SUBSTITUTE PARTY
AND PROPOSED ORDER