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

Filing 1079

ORDER granting ECF No. 1078 Stipulation : 1. Mineral County and the Principal Defendants will have until and including Tuesday, November 22, 2022, to agree upon and file a stipulated Scheduling Order and Discovery Plan, under Fe d. R. Civ. P. 26(f). 2. If Mineral County and the Principal Defendants are unable to agree upon a proposed Scheduling Order and Discovery Plan by November 22, 2022, then by that same date, they will either individually or jointly submit proposed Scheduling Orders and Discovery Plans which set forth subjects on which there is agreement and on which there is disagreement. 3. Mineral County and the Principal Defendants will include in the future discussions referenced herein all Defendants who filed answers to Mineral Countys Second Amended Complaint in Intervention, and who desire to participate in discovery, pre-trial motion practice, and trial, if one becomes necessary. Signed by Magistrate Judge Craig S. Denney on 10/3/2022. (Copies have been distributed pursuant to the NEF - DRM) (Mineral County Water Case Display Page)

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Simeon M. Herskovits, Nevada Bar No. 11155
Iris Thornton, pro hac vice
Advocates for Community and Environment
P.O. Box 1075
El Prado, New Mexico 87529
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
T. Jaren Stanton, Nevada Bar No. 15362
Mineral County District Attorney
P.O. Box 1210
Hawthorne, Nevada 89415
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Mineral County, Nevada, and
Walker Lake Working Group

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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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vs.
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WALKER RIVER IRRIGATION DISTRICT, )
a corporation, et al.,
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Defendants.
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____________________________________ )
MINERAL COUNTY,
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Plaintiff-Intervenor,

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vs.

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

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Defendants.

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Page 1 of 6

IN EQUITY NO. C-125
CASE NO. 3:73-CV-00128-MMDCSD
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO
SUBMIT PROPOSED
SCHEDULING ORDER AND
DISCOVERY PLAN
(First Request)

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1.

On August 18, 19, 24, and 29, 2022, a number of Defendants filed answers to Mineral

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County’s Second Amended Complaint in Intervention, which filings triggered the requirement that

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the parties meet and confer under Fed. R. Civ. P. 26(f) and Local Rule 26-1 to discuss a proposed

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scheduling order and discovery plan. See ECF 1063, 1064, 1065, 1067, 1068, 1070, & 1072.

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2.

On September 20, 2022, Counsel for Mineral County and the Walker Lake Working

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Group (“Mineral County”) and Counsel for the Walker River Irrigation District (the “District”), the

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Nevada Department of Wildlife (“NDOW”), Lyon County and Centennial Livestock, Mono County,

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Desert Pearl Farms, Peri Family Ranch LLC, Peri & Peri, LLC and Frade Ranches, the Schroeder

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Group and California State Water Resources Control Board, California Department of Fish and

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Wildlife and California Department of Parks and Recreation (the “California State

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Agencies”)(collectively, the “Principal Defendants”) conferred by telephone pursuant to Fed. R. Civ.

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P. 26(f) and LR 26-1.

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3.

In addition, during that conference, Mineral County and the Principal Defendants also

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discussed the need to include in their discussions additional individuals and entities who have filed

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Answers in this matter and may participate in discovery, pre-trial motion practice, and trial, if one

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becomes necessary.

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4.

During the September 20, 2022 conference, Mineral County and the Principal

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Defendants discussed the need to clarify the issues related to Mineral County’s Claim and the

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Defenses to that Claim, and which of those issues will require discovery and the nature and extent of

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such discovery, as well as the possible phasing of discovery, before they could submit a proposed

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Scheduling Order and Discovery Plan as required by the relevant Federal Rules of Civil Procedure

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and the Local Rules of this Court.

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5.

Further, due to the evolution of circumstances since the filing of Mineral County’s

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First Amended Complaint in Intervention in 1994, and as a result of a number of court orders which

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have been issued since that time, additional discussion is required in order to ensure that discovery

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proceeds within an appropriate scope and in as efficient a manner as possible.

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Page 2 of 6

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6.

Consequently, in order to reach an agreement on these issues for a proposed

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Scheduling Order and Discovery Plan, Mineral County and the Principal Defendants require

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additional time.

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Mineral County and the Principal Defendants believe this work can be completed, and

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a stipulated Scheduling Order and Discovery Plan contemplated by Fed. R. Civ. P. 26(f) and Local

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Rule 26-1 can be filed, by Tuesday, November 22, 2022.

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8.

If Mineral County and the Principal Defendants are unable to agree on a stipulated

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Scheduling Order and Discovery Plan by November 22, 2022, they will submit, either individually

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or jointly, proposed Scheduling Orders and Discovery Plans which set forth the subjects on which

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there is agreement and on which there is disagreement by that same date.
NOW THEREFORE, pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Local
Rule IA 6-1, the Parties hereby stipulate and agree as follows:
1.

Mineral County and the Principal Defendants will have until and including Tuesday,

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November 22, 2022, to agree upon and file a stipulated Scheduling Order and Discovery Plan, under

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Fed. R. Civ. P. 26(f).

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2.

If Mineral County and the Principal Defendants are unable to agree upon a proposed

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Scheduling Order and Discovery Plan by November 22, 2022, then by that same date, they will either

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individually or jointly submit proposed Scheduling Orders and Discovery Plans which set forth

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subjects on which there is agreement and on which there is disagreement.

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3.

Mineral County and the Principal Defendants will include in the future discussions

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referenced herein all Defendants who filed answers to Mineral County’s Second Amended Complaint

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in Intervention, and who desire to participate in discovery, pre-trial motion practice, and trial, if one

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becomes necessary.

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Date: September 30, 2022

ADVOCATES FOR COMMUNITY & ENVIRONMENT
P.O. Box 1075
El Prado, New Mexico 87529
By: /s/ Simeon Herskovits
Simeon Herskovits, NSB # 11155
Attorney for Mineral County, Nevada

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Page 3 of 6

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Date: September 30, 2022

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WOODBURN AND WEDGE
6100 Neil Road, Suite 500
Reno, Nevada 89511
By: /s/ (per authorization)
Gordon H. DePaoli, NSB # 195
Attorneys for Walker River Irrigation District

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Date: September 30, 2022

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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: /s/ (per authorization)
Roderick E. Watson
Attorney for Lyon County and Centennial Livestock

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Date: September 30, 2022

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By: /s/ (per authorization)
Therese Ure Stix, NSB # 10255 Attorney for The Schroeder
Group

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SCHROEDER LAW OFFICES, P.C.
10615 Double R. Blvd. #100
Reno, Nevada 89521

Date: September 30, 2022

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STATE OF NEVADA OFFICE OF THE
ATTORNEY GENERAL
100 N. Carson Street
Carson City, Nevada 89701-4717
By: /s/ (per authorization)
Anthony J. Walsh, NSB # 14128
Attorney for Nevada Department of Wildlife

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Date: September 30, 2022
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THE COUNTY OF MONO (CA)
P.O. Box 2415A
Mammoth Lakes, California 93546-2415
By: /s/ (per authorization)
Stacey Simon, County Counsel
Emily Fox, Dep. County Counsel
Attorneys for Mono County

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Page 4 of 6

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Date: September 30, 2022

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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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SIMONS HALL JOHNSTON PC
22 State Route 208
Yerington, Nevada 89447

Date: September 30, 2022

STATE OF CALIFORNIA OFFICE OF THE
ATTORNEY GENERAL
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, California 94244-2550
By: /s/ (per authorization)
Rob Bonta, Attorney General of California
Russell B. Hildreth, Supervising Deputy Attorney General
Nhu Q. Nguyen, Deputy Attorney General
NSB # 7844
Attorneys for California State Agencies

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ORDER

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Dated: _____________________,
2022.
October 3

IT IS SO ORDERED.
______________________________
Craig S. Denney
United States Magistrate Judge

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