IN EQUITY C-125-C: UNITED STATES OF AMERICA V. WALKER RIVER IRRIGATION, ET AL.
Filing
1004
ORDER granting ECF No. 1003 Stipulation : Mineral County's Response to ECF No. 994 Joint Motion to Dismiss due by 4/30/2022. Joint Reply due by 6/30/2022. Signed by Chief Judge Miranda M. Du on 12/15/2021. (Copies have been distributed pursuant to the NEF - DRM) (Mineral County Water Case Display Page)
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Iris Thornton, pro hac vice
Advocates for Community and Environment
P.O. Box 1075
El Prado, New Mexico 87529
Phone: (575) 758-7202
Fax: (575) 758-7203
Email: iris@communityandenvironment.net
Sean A. Rowe, Nevada Bar No. 10977
Mineral County District Attorney
P.O. Box 1210
Hawthorne, Nevada 89415
Phone: (775) 945-3636
Fax: (775) 945-0740
Email: srowe@mineralcountynv.org
Attorneys for Mineral County
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
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UNITED STATES OF AMERICA,
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Plaintiff,
WALKER RIVER PAIUTE TRIBE,
vs.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Defendants.
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MINERAL COUNTY,
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Plaintiff-Intervenor,
vs.
Proposed-Plaintiff-Intervenor,
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Proposed Defendants.
_____________________________________
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IN EQUITY NO. C-125-MMD
Subproceeding: 3:73-CV-00128-MMD-WGC
STIPULATION AND [PROPOSED]
ORDER CONCERNING BRIEFING
DEADLINES ON PRINCIPAL
DEFENDANTS’ MOTION TO DISMISS
MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN
INTERVENTION
STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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1.
On July 19, 2021, the Court entered the Order Relating to Completion of Service and
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Schedule for Responses to Mineral County’s Second Amended Complaint in Intervention (the
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“Order”). ECF 943.
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2.
The Order provided that Defendants who were served or returned Waivers of
Personal Service of Notice in Lieu of Summons forms prior to its entry were to file and serve
responses to Mineral County’s Second Amended Complaint In Intervention no later than September
28, 2021. ECF 943.
3.
On September 16, 2021, Mineral County and the Principal Defendants submitted
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a Stipulation and [Proposed] Order Concerning Responses to Second Amended Complaint in
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Intervention, which provided that Defendants would have until October 29, 2021, in which to file
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and serve a joint Motion to Dismiss Mineral County’s Second Amended Complaint in
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Intervention and a joint memorandum of points and authorities in support thereof. ECF 975.
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The stipulation further provided that Mineral County’s response to said joint motion would be
due by January 31, 2022, and a joint reply in support of said joint motion would be due by March
31, 2022. Id. The stipulation also requested relief from LR 7-3’s page limit. Id.
4.
On September 17, 2021, the Court approved the stipulation with regard to the
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deadline modifications, but denied the requested page limit relief, stating that the parties “shall
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follow the normal process for seeking to exceed the page limit and be prepared to be precise as to
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the page limit and the reason.” ECF 979.
5.
On October 28, 2021, Principal Defendants filed a Joint Motion to Dismiss
Mineral County's Second Amended Complaint In Intervention Pursuant To Fed. R. Civ. P.
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12(B)(1), 12(B)(6) and 12(B)(7), ECF 994, a Motion for Leave to File Excess Pages, ECF 995,
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STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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and Points and Authorities in Support of Motion to Dismiss Mineral County's Second Amended
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Complaint in Intervention Pursuant to Fed. R. Civ. P. 12(B)(1), 12(B)(6) and 12(B)(7), ECF 996.
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6.
Several weeks after Defendants’ motion to dismiss filing, just after the status
conference held by the Court on November 16, 2021, and in the midst of managing follow-up
diagnostic appointments related to lymphoma treatment, lead attorney for Mineral County,
Simeon Herskovits, was hospitalized with COVID-19 and has been unable to work since that
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time. He was released from the hospital briefly in late November, but when symptoms returned
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he was re-admitted.
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7.
Mr. Herskovits remains hospitalized with a serious case of COVID-19
pneumonia, and while his prognosis remains unclear, his doctors do not expect him to be able to
return to work for several months under the best case scenario. See Exhibit A.
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Because Mr. Herskovits has primary responsibility for drafting Mineral County’s
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response to Principal Defendants’ joint motion to dismiss, and because that work has not yet
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begun due to Mr. Herskovits’ health challenges since the filing of the joint motion to dismiss, it
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will not be possible for Mineral County to meet the previously-stipulated January 31, 2021,
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deadline for Mineral County’s response to Principal Defendants’ October 28, 2021, motion to
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dismiss.
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At this time, Mineral County intends to meet the service-related deadlines set by
the Court in its November 16, 2021, Minutes of Proceedings. See ECF 1002. Consistent with
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those deadlines, Mineral County plans to file returns of service for personally-served California
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riparian Defendants by the end of 2021, and a final service report addressing all California
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STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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riparian Defendants, which will include the signed Waivers of Personal Service of Notice in Lieu
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of Summons forms received in 2015 by February 11, 2021.
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NOW THEREFORE, the parties hereto hereby stipulate and agree as follows:
1.
Mineral County’s response to Principal Defendants’ Joint Motion to Dismiss
Mineral County's Second Amended Complaint in Intervention Pursuant to Fed. R. Civ. P.
12(B)(1), 12(B)(6) and 12(B)(7) will be due by April 30, 2022.
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2.
A joint reply in support of said joint motion will be due by June 30, 2022.
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3.
This schedule will maintain the three (3) month timeframe for Mineral County’s
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response followed by two (2) months for the filing of a joint reply by Principal Defendants
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originally anticipated by the stipulation filed on September 16, 2021. See ECF 975.
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Date: December 15, 2021
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ADVOCATES FOR COMMUNITY & ENVIRONMENT
P.O. Box 1075
El Prado, New Mexico 87529
By: /s/
Iris Thornton, pro hac vice
Attorney for Mineral County
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WOODBURN AND WEDGE
6100 Neil Road, Suite 500
Reno, Nevada 89511
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By:
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Date: December 15, 2021
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/s/ (per authorization)
Gordon H. DePaoli, NSB # 195
Attorneys for Walker River Irrigation District
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BEST BEST & KRIEGER
2001 N. Main Street, Suite 390
Walnut Creek, California 94596
Jerry Snyder, NSB # 6830
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By:
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Date: December 15, 2021
/s/ (per authorization)
Roderick E. Watson
STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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Date: December 15, 2021
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STATE OF NEVADA OFFICE OF THE
ATTORNEY GENERAL
100 N. Carson Street
Carson City, Nevada 89701-4717
By:
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/s/ (per authorization)
Anthony J. Walsh, NSB # 14128
Attorney for Nevada Department of Wildlife
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SCHROEDER LAW OFFICES, P.C.
10615 Double R. Blvd. #100
Reno, NV 89521
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By:
Date: December 15, 2021
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Date: December 15, 2021
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THE COUNTY OF MONO (CA)
P.O. Box 2415A
Mammoth Lakes, California 93546-2415
By:
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Date: December 15, 2021
/s/ (per authorization)
Therese Ure Stix, NSB # 10255
Attorney for The Schroeder Group
/s/ (per authorization)
Stacey Simon, County Counsel
Emily Fox, Dep. County Counsel
Attorneys for Mono County
SIMONS HALL JOHNSTON PC
22 State Route 208
Yerington, Nevada 89447
By:
/s/ (per authorization)
Brad M. Johnston, NSB # 8515
Attorney for Desert Pearl Farms, Peri Family
Ranch, LLC, Peri & Peri LLC, and Frade Ranches
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STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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ORDER
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December 15
Dated: _______________, 2021.
IT IS SO ORDERED.
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______________________________
MIRANDA M. DU,
CHIEF U.S. DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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CERTIFICATE OF SERVICE
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I hereby certify that on this 15th day of December, 2021, I electronically filed the
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foregoing STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING
DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL
COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION with the Clerk of
the Court using the CM/ECF system, which will send notification of such filing to the email
addresses that are registered for this case.
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/s/Iris Thornton
Iris Thornton
STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
EXHIBIT A
STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON
PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND
AMENDED COMPLAINT IN INTERVENTION
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