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Pacific Coast Federation of Fishermen's Association/Institute for Fisheries Resources v. Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 16, 2008

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATION/INSTITUTE FOR FISHERIES RESOURCES, ET AL. PLAINTIFFS,
v.
CARLOS M. GUTIERREZ, ET AL. DEFENDANT.

The opinion of the court was delivered by: Hon. Oliver W. Wanger United States District Judge

ORDER REGARDING INTERVENTION

On August 6, 2008, Oakdale Irrigation District, South San Joaquin Irrigation District and Stockton East Water District ("Proposed Intervenors") filed a motion to intervene. On August 29, 2008, a hearing was held on the motion to intervene. Tim O'Laughlin and Karna Harrigfeld appeared for Proposed Intervenors. Michael R. Sherwood, Katherine Poole, and George M. Torgun appeared for Plaintiffs.

Having considered the papers and evidence submitted by the parties, and having heard the argument of counsel, the Court finds that the requirements for intervention as of right pursuant to Federal Rule of Civil Procedure 24(a) are met, and accordingly, the Court GRANTS the motion, and hereby ORDERS that Oakdale Irrigation District, South San Joaquin Irrigation District, and Stockton East Water District are granted leave to intervene in this action.

Such leave is granted conditionally, as follows:

A. Proposed Intervenors shall only be permitted to intervene to the extent that issues related to the Stanislaus River and New Melones arise.

B. Proposed Intervenors' participation is strictly limited to addressing issues regarding the Stanislaus River and New Melones.

C. Proposed Intervenors shall only be permitted to call one (1) expert witness in any future evidentiary proceedings.

D. Proposed Intervenors shall take all steps necessary to avoid duplication of the Federal Defendants and Defendant-Intervenors, including combined briefing, page limitations, and any other measures ordered by the Court.

E. Proposed Intervenors will not be permitted to relitigate issues or to duplicate briefing and/or testimony going forward.

Given the limited nature of intervention granted, Proposed Intervenors need not file an answer to the Plaintiffs' First Amended Complaint. Proposed Intervenors are deemed to have denied all allegations contained Plaintiffs' First Amended Complaint as they relate to the Stanislaus River and New Melones.

IT IS SO ORDERED.

20080916

© 1992-2008 VersusLaw Inc.



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