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In re Delta Smelt

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


March 17, 2010

THE DELTA SMELT

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

CONSOLIDATED CASES

Stipulation and Order Amending

Summary Judgment Schedule

Pursuant to Local Rule 143(b), all parties to this action, by and through their respective counsel of record as identified below, hereby stipulate as follows:

1. The current due date for the Defendant parties' cross-motions for summary judgment and memoranda in support of those motions and in opposition to Plaintiffs' motions for summary judgment is March 24, 2010. See Docket No. 506. The due date for the Plaintiffs' summary judgment reply briefs is currently April 14, 2010. See id.

2. On February 26, 2010, the Court continued the hearing on the parties' cross- motions for summary judgment from April 29-30, 2010 to May 25-26, 2010. See Docket No. 595.

3. On March 8, 2010, counsel for the Federal Defendants contacted all parties to seek the parties' consent to an extension of the summary judgment briefing schedule. The Federal Defendants indicated that they sought this extension because the time spent by Federal Defendants filing responses to the Requests For Information From 706 Experts, see Docket Nos. 587, 594, 596, 607, 608, 611, 613, would otherwise have been spent drafting the summary judgment brief and preparing for the upcoming preliminary injunction hearing, and was not accounted for in prior scheduling orders.

4. The other parties agree to the Federal Defendants' request for an extension of the summary judgment briefing schedule.

5. All parties thus respectfully stipulate and request that the Court enter an Order amending the existing summary judgment briefing schedule as follows: the Defendant parties' cross-motions for summary judgment and memoranda in support of those motions and in opposition to Plaintiffs' motions for summary judgment, currently due March 24, 2010, shall instead be due April 12, 2010. Plaintiffs' reply briefs, currently due April 14, 2010, shall instead be due May 7, 2010. The cross motions for summary judgment shall be heard on May 25-26, 2010 as currently scheduled, or as soon thereafter as the Court is able to hear the motions.

6. This proposal is based on the current preliminary injunction hearing schedule. The Defendant parties reserve the right to move for further relief from this proposed summary judgment briefing schedule if the preliminary injunction hearing is extended past April 7, 2010. Good cause exists for the granting of the above requested schedule change, and the parties respectfully request that the dates set by this Court be modified as shown above. A proposed order in the form of an endorsement appears below.

SO STIPULATED.

Dated: March 14, 2010

IGNACIA S. MORENO, Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Section Chief

S. JAY GOVINDAN, Senior Trial Attorney ETHAN CARSON EDDY, Trial Attorney Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369

Washington, D.C. 20044-7369

Telephone: (202) 305-0237 / Facsimile: (202) 305-0275

Attorneys for Federal Defendants

Trent W. Orr (as authorized on March 11, 2010) TRENT W. ORR, State Bar No. 77656 GEORGE M. TORGUN, State Bar No. 222085 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 Telephone: (510) 550-6725 Facsimile: (510) 550-6749 torr@earthjustice.org; gtorgun@earthjustice.org

Attorneys for Defendant-Intervenors

Doug Obegi (as authorized on March 11, 2010)

KATHERINE POOLE, State Bar No. 195010 DOUG OBEGI, State Bar No. 246127 Natural Resources Defense Council 111 Sutter St., 20th Floor San Francisco, CA 94104 Telephone: (415) 875-6100 Facsimile: (415) 875-6161 kpoole@nrdc.org; dobegi@nrdc.org

Attorneys for Defendant-Intervenor NRDC

Daniel J. O'Hanlon (as authorized on March 11, 2010) DANIEL J. O'HANLON, State Bar No. 122380 HANSPETER WALTER, State Bar No. 244847 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 400 Capitol Mall, 27th Floor Sacramento, CA 95814 Telephone: (916) 321-4500 Facsimile: (916) 321-4555

EILEEN M. DIEPENBROCK, State Bar No. 119254 JON D. RUBIN, State Bar No. 196944 JONATHAN R. MARZ, State Bar No. 221188 DIEPENBROCK HARRISON 400 Capitol Mall, 18th Floor Sacramento, CA 95814 Telephone: (916) 492-5000 Facsimile: (916) 446-4535

Attorneys for Plaintiffs SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT

Paul S. Weiland (as authorized on March 11, 2010) NOSSAMAN LLP ROBERT D. THORNTON (SBN 72934) PAUL S. WEILAND (SBN 237058) AUDREY M. HUANG (SBN 217622) 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 Telephone: (949) 833-7800 Facsimile: (949) 833-7878 Attorneys for Plaintiffs COALITION FOR A SUSTAINABLE DELTA and KERN COUNTY WATER AGENCY

Gregory K. Wilkinson (as authorized on Mar. 11, 2010) GREGORY K. WILKINSON (SBN 054809) STEVEN M. ANDERSON (SBN 186700) BEST BEST & KRIEGER LLP 3750 University Avenue, Suite 400 P. O. Box 1028 Riverside, CA 92502 Telephone: (951) 686-1450 Facsimile: (951) 686-3083

Attorneys for Plaintiff STATE WATER CONTRACTORS

Christopher J. Carr (as authorized on March 11, 2010) EDGAR B. WASHBURN (SBN 34038) CHRISTOPHER J. CARR (SBN 184076) WILLIAM M. SLOAN (SBN 203583) CORINNE FRATINI (SBN 259109) MORRISON & FOERSTER, LLP 425 Market Street San Francisco, CA 94105 Telephone: (415) 268-7000 Attorneys for Plaintiff THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

Brandon Middleton (as authorized on March 11, 2010) JAMES S. BURLING (SBN 113013) M. REED HOPPER (SBN 131291) DAMIEN M. SCHIFF (SBN 235101) BRANDON M. MIDDLETON (SBN 255699) Pacific Legal Foundation 3900 Lennane Drive, Suite 200 Sacramento, CA 95834 Telephone: (916) 419-7111 Facsimile: (916) 419-7747 Attorneys for Plaintiffs STEWART & JASPER ORCHARDS; ARROYO FARMS, LLC; and KING PISTACHIO GROVE

Brenda W. Davis (as authorized on March 12, 2010) BRENDA W. DAVIS (SBN 133087) LESLIE R. WAGLEY (SBN 215281) THE BRENDA DAVIS LAW GROUP 1990 3rd Street, Suite 400 Sacramento, CA 95811 Telephone: (916) 341-7400 Facsimile: (916) 341-7410 Attorneys for Plaintiff FAMILY FARM ALLIANCE

Clifford T. Lee (as authorized on March 11, 2010) EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California ROBERT W. BYRNE, State Bar No. 213155 Supervising Deputy Attorney General CLIFFORD T. LEE, State Bar No. 74687 CECILIA L. DENNIS, State Bar No. 201997 MICHAEL M. EDSON, State Bar No. 177858 ALLISON GOLDSMITH, State Bar No. 238263 Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5511 Attorneys for Plaintiff-Intervenor California Department of Water Resources

ORDER

In light of the foregoing stipulation of the parties, and good cause appearing therefor, the Court orders that briefing schedule for the parties' cross-motions for summary judgment be amended as follows. The Defendant parties' cross-motions for summary judgment and memoranda in support of those motions and in opposition to Plaintiffs' motions for summary judgment shall be due April 12, 2010. Plaintiffs' reply briefs shall be due May 7, 2010. The cross motions for summary judgment shall be heard on May 25-26, 2010 or as soon thereafter as the Court is able to hear the motions.

IT IS SO ORDERED.

20100317

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