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South Yuba River Citizens League v. National Marine Fisheries Service

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


February 5, 2009

SOUTH YUBA RIVER CITIZENS LEAGUE, ET AL., PLAINTIFFS,
v.
NATIONAL MARINE FISHERIES SERVICE, ET AL., DEFENDANTS,
CORDUA IRRIGATION DISTRICT, ET AL., DEFENDANT-INTERVENORS.

STIPULATION AND ORDER SETTING BRIEFING SCHEDULE

Pursuant to L.R. Civ. 83-143 and 6-144, this Stipulation is entered into by and between Plaintiffs South Yuba River Citizens League and Friends of the River; Federal Defendants National Marine Fisheries Service, Otto Wolff,*fn1 Rodney McInnis, United States Army Corps of Engineers, Pete Geren, and Col. Thomas C. Chapman; Defendant Yuba County Water Agency ("YCWA"); and Defendant-Intervenors Cordua Irrigation District ("CID"), Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company, and Ramirez Water District:

WHEREAS, on January 19, 2009, Plaintiffs filed a motion entitled "Motion for Clarification of Order Granting Reconsideration of Magistrate Judge's Ruling," Doc. No. 185 ("Motion");

WHEREAS, the Motion is not presently noticed for a hearing date pursuant to LR Civ 78- 230;

WHEREAS, the parties agree that resolution of Plaintiffs' Motion without hearing is appropriate;

NOW, THEREFORE, the parties hereby Stipulate and Agree as follows:

1. Responses by Defendants and Defendant-Intervenors shall be filed on or before February 13, 2009;

2. Plaintiffs' Reply, if any, shall be filed on or before February 17, 2009;

3. Upon the filing of Plaintiffs' Reply, the Motion shall stand submitted.

4. In the event the Court deems a hearing to be warranted, the parties stipulate that a hearing on shortened time be held on February 23, 2009, or another date at the Court's convenience.

Respectfully submitted this 30th day of January, 2009.

BRIAN ORION Environmental Advocates 5135 Anza Street San Francisco, CA 94121 tel: (858) 354-8222 fax: (415) 358-5695 borion@enviroadvocates.com Attorney for Plaintiffs

LAWRENCE G. BROWN Acting United States Attorney YOSHINORI H. T. HIMEL, Assistant United States Attorney JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief

LAWSON E. FITE Trial Attorney, Wildlife and Marine Resources Section Environment and Natural Resources Division United States Department of Justice 202-305-0217 202-305-0275 fax Lawson.fite@usdoj.gov Attorneys for Federal Defendants

HOWARD F. WILKINS III Remy, Thomas, Moose and Manley LLP 455 Capitol Mall, Suite 210 Sacramento, California 95814 Telephone: (916) 443-2745 Facsimile: (916) 443-9017 CWilkins@rtmmlaw.com Attorney for Defendant YUBA COUNTY WATER AGENCY

DUSTIN C. COOPER Minasian, Spruance, Meith, Soares & Sexton, LLP P.O. Box 1679 Oroville, CA 95965 Tel: (530) 533-2885 Fax: (530) 533-0197 Email: pminasian@minasianlaw.com dcooper@minasianlaw.com Attorney for Intervenor-Defendant CORDUA IRRIGATION DISTRICT

Andrew M. Hitchings Somach, Simmons & Dunn 813 Sixth Street, Third Floor Sacramento, CA 95814 Tel: (916) 446-7979 Fax: (916) 446-8199 Email: ahitchings@somachlaw.com Attorneys for Intervenor-Defendants DRY CREEK MUTUAL WATER COMPANY, BROPHY WATER DISTRICT, and HALLWOOD IRRIGATION COMPANY

HANSPETER WALTER Kronick Moskovitz Tiedemann & Girard 400 Capitol Mall Sacramento, CA 95814 Tel: (916) 321-4500 Fax: (916) 321-4555 Email: hwalter@kmtg.com Attorneys for Intervenor-Defendant RAMIREZ WATER DISTRICT

ORDER

1. Responses by Defendants and Defendant-Intervenors to the above-referenced motion shall be filed on or before February 13, 2009;

2. Plaintiffs' Reply, if any, shall be filed on or before February 17, 2009;

3. Upon the filing of Plaintiffs' Reply, the Motion shall stand submitted.

IT IS SO ORDERED, this 5th day of February, 2009.


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