The opinion of the court was delivered by: The Hon. Oliver W. Wanger
STIPULATION TO ADD CASE TO FEDERAL DEFENDANTS' MOTION TO CONSOLIDATE Hearing: August 31, 2009 Time: 10:00 A.M. Ctrm: 3 Judge: Hon. Oliver W. Wanger
On August 6, 2009, the above-captioned action was filed, challenging the NMFS 2009 biological opinion, the same agency action at issue in Stockton East Water District v. NOAA, No. 1:09-CV-1090-OWW-DLB and San Luis & Delta-Mendota Water Authority et al. v. Locke et al. ("San Luis"), No. 1:09-CV-1053-OWW-DLB. On August 12, 2009, the State Water Contractors filed a Notice of Related Case, stating that their challenge is related to the both the Stockton East and San Luis cases because all cases involve the same parties, are based on the same or similar claims, involve the same transaction or event and involve similar questions of fact and law "such that their assignment to the same Judge is likely to effect a substantial savings of judicial effort." See State Water Contractors v. Locke, No. 1:09-CV-1378, Docket No. 11-2 at 8-9.
Federal Defendants agree with the statements in the State Water Contractors' Notice of Related Case and have already moved to consolidate the Stockton East and San Luis cases. Federal Defendants assert that the above-captioned case meets the consolidation factors outlined in that motion. As with consolidation of the cases named in our Motion, the Plaintiffs in all three cases "agree that some consolidation of the matters is desirable." See San Luis, Docket No. 29 at 1. In this regard, the State Water Contractors Plaintiff is concerned that while "some consolidation" is appropriate, the issues raised in each of the cases are individual to those cases and that a wholesale merger of the actions is inappropriate. Accordingly, Plaintiff believes any consolidation Order must not prejudice the State Water Contractors' substantive or procedural rights, including their right to file separate briefs and make separate arguments in support of their case. Plaintiff joins in the Response to Federal Defendants' Motion to Consolidate heretofore filed by Plaintiffs San Luis & Delta Mendota Water Authority and Westlands Water District. See San Luis, Docket No. 29.
Accordingly, the parties in all three matters hereby stipulate that the State Water Contractors case be added to Federal Defendants' Motion to Consolidate, set for hearing on August 31, 2009, and that the State Water Contractors case management conference be advanced to the date and time set for the case management conferences in the San Luis and Stockton East cases (September 10, 2009, 8:15 A.M.).
I hereby certify that on the 20th day of August, 2009, I filed a true and correct copy of the foregoing Stipulation to Add Case to Federal Defendants' Motion to Consolidate with the Court' CM/ECF system, which will generate a Notice of Filing on the following: Greg Wilkinson Gregory.Wilkinson@bbklaw.com
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