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San Luis & Delta-Mendota Water Authority v. Locke

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


December 23, 2009

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY ET AL.
v.
GARY F. LOCKE ET AL. (CASE NO. 1:09-CV-1053)
STOCKTON EAST WATER DISTRICT
v.
NOAA ET AL. (CASE NO. 1:09-CV-1090)
STATE WATER CONTRACTORS
v.
GARY F. LOCKE ET AL. (CASE NO. 1:09-CV-1378)
KERN COUNTY WATER AGENCY ET AL.
v.
DEPARTMENT OF COMMERCE ET AL.
CASE NO. 1:09-CV-1520)
OAKDALE IRRIGATION DISTRICT ET AL.
v.
U.S. DEPARTMENT OF COMMERCE ET AL. (CASE NO. 1:09-CV-2452)
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
v.
NATIONAL MARINE FISHERIES, ET AL. (CASE NO. 1:09-CV-1625)

The opinion of the court was delivered by: Judge: Honorable Oliver W. Wanger U.S.

CONSOLIDATED SALMON CASES

FURTHER STIPULATION AND ORDER RE: BRIEFING SCHEDULE

The undersigned parties, through their respective counsel indicated below, agree and stipulate as follows:

WHEREAS, pursuant to the Amendment to Joint Scheduling Conference Order (Doc. 52), Motions to Augment/Challenge the Administrative Record were originally due by December 14, 2009; and

WHEREAS, the parties have been engaged in a meet-and-confer process regarding the Administrative Record pursuant to which, among other things, Federal Defendants have produced additional documents and have agreed to produce a further version of the National Marine Fisheries Service's administrative record in searchable format by January 8, 2010; and

WHEREAS, the parties entered into a Stipulation and Order re: Briefing Schedule (Doc. 111) on December 11, 2009, pursuant to which the parties stipulated to extend the due date for Motions to Augment/Challenge the Administrative Record from December 14, 2009, to a date to be determined, along with a briefing and hearing schedule; and

WHEREAS, the Court entered an Order (Doc. 112) on December 14, 2009, in accordance with the parties' Stipulation and Order re Briefing Schedule (Doc. 111); and

WHEREAS, the parties have further met and conferred and have reached agreement regarding an appropriate schedule for Motions to Augment/Challenge the Administrative Record,

NOW, THEREFORE, the parties stipulate to the following schedule for Motions to Augment/Challenge the Administrative Record:

· Motions to Augment/Challenge Administrative Record are due by January 15, 2010.

· Oppositions are due by February 10, 2010.

· Replies are due by February 19, 2010.

· The hearing on these motions will be conducted on March 1, 2010, at 11:00 a.m. in Courtroom 3 (OWW) before Judge Oliver W. Wanger, concurrently with the previously set Further Scheduling Conference.

Dated: December 22, 2009

DIEPENBROCK HARRISON. A Professional Corporation KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD, A Law Corporation

EILEEN M. DIEPENBROCK DANIEL J. O'HANLON Attorneys for Plaintiffs SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT

Dated: December 22, 2009

BEST BEST & KRIEGER LLP GREGORY K. WILKINSON STEVEN M. ANDERSON PAETER E. GARCIA MELISSA R. CUSHMAN Attorneys for Plaintiff STATE WATER CONTRACTORS

Dated: December 22, 2009

NOSSAMAN LLP ROBERT D. THORNTON PAUL S. WEILAND AUDREY HUANG Attorneys for Plaintiffs KERN COUNTY WATER AGENCY and COALITION FOR A SUSTAINABLE DELTA

Dated: December 22, 2009

HERUM CRABTREE A Professional Corporation JENNIFER L. SPALETTA Attorneys to Plaintiff STOCKTON EAST WATER DISTRICT

Dated: December 22, 2009

O'LAUGHLIN & PARIS LLP WILLIAM C. PARIS III Attorney for Plaintiffs OAKDALE IRRIGATION DISTRICT AND SOUTH SAN JOAQUIN IRRIGATION DISTRICT

Dated: December 22, 2009

MORRISON & FOERSTER, LLP THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA EDGAR B. WASHBURN CHRISTOPHER J. CARR WILLIAM M. SLOAN KAREN L. TACHIKI LINUS MASOUREDIS Attorneys for Plaintiff THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

Dated: December 22, 2009

EDMUND G. BROWN JR. Attorney General of the State of California DANIEL S. HARRIS Deputy Attorney General Attorneys for Real Parties in Interest CALIFORNIA DEPARTMENT OF WATER RESOURCES AND ITS DIRECTOR, LESTER SNOW

Dated: December 22, 2009

JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief SETH M. BARSKY, Assistant Section Chief BRIDGET KENNEDY McNEIL, Trial Attorney BRIDGET KENNEDY McNEIL (CO State Bar 034299) U.S. Department of Justice Environmental and Natural Resources Division Wildlife & Marine Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 Ph: 303-844-1484/ Fax: 303-844-1350 bridget.mcneil@usdoj.gov

WILLIAM J. SHAPIRO, Trial Attorney (CO State Bar 030929) U.S. Department of Justice Environmental and Natural Resources Division Natural Resources Section 501 I Street, Suite 9-700 Sacramento, CA 95814 Ph: 916-930-2207/ Fax: 916-930-2010 william.shapiro@usdoj.gov Attorneys for the Federal Defendants

Dated: December 22, 2009

MICHAEL R. SHERWOOD ERIN M. TOBIN Earthjustice

Attorneys for Defendant-Intervenors CALIFORNIA TROUT, FRIENDS OF THE RIVER, NATURAL RESOURCES DEFENSE COUNCIL, NORTHERN CALIFORNIA COUNCIL OF THE FEDERATION OF FLY FISHERS, PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS/INSITITUTE FOR FISHERIES RESOURCES, SACRAMENTO RIVER PRESERVATION TRUST, SAN FRACISCO BAYKEEPER, THE BAY INSTITUTE, WINNEMEN WINTU TRIBE

Dated: December 22, 2009

KATHERINE S. POOLE DOUG OBEGI Natural Resources Defense Council 111 Sutter Street, 20th Floor San Francisco, CA 94104 Tel: 415-875-6100 Fax: 415-875-6151 Attorneys for Defendant-Intervenor NRDC

ORDER

Pursuant to the parties' stipulation above and for good cause shown, IT IS HEREBY ORDERED that Motions to Augment/Challenge the Administrative Record shall be conducted in accordance with the following schedule.

· Motions to Augment/Challenge Administrative Record are due by January 15, 2010.

· Oppositions are due by February 10, 2010.

· Replies are due by February 19, 2010.

· The hearing on these motions will be conducted on March 1, 2010, at 11:00 a.m. in Courtroom 3 (OWW) before Judge Oliver W. Wanger, concurrently with the previously set Further Scheduling Conference.

SO ORDERED

OLIVER W. WANGER United States Senior District Court Judge

20091223

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