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San Luis & Delta-Mendota Water Authority v. Salazar

March 22, 2010

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY ET AL.
v.
SALAZAR ET AL.
STATE WATER CONTRACTORS
v.
SALAZAR ET AL.
DELTA ET AL.
v.
UNITED STATES FISH AND WIDLIFE SERVICE ET AL.
METROPOLITAN WATER DISTRICT
v.
UNITED STATES FISH AND WILDLIFE SERVICE ET AL.
STEWART & JASPER ORCHARDS ET AL.
v.
UNITED STATES FISH AND WILDLIFE SERVICE ET AL.



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

COUNSEL IDENTIFICATION AT END

THE DELTA SMELT CASES

STIPULATION FOR ORDER OF WITNESSES AND ARGUMENTS FOR COORDINATED HEARINGS ON TEMPORARY RESTARAINING COALITION FOR A SUSTAINABLE ORDER/PRELIMINARY INJUNCTION/INTERIM REMEDIES MOTIONS

Judge: Honorable Oliver W. Wanger

Date: March 30 -- April 2, April 5-7, 2010

Pursuant to the Scheduling and Status Telephone Conferences held with the Court on March 16, 2010, the parties in the Consolidated Delta Smelt Cases and the Consolidated Salmonid Cases have agreed to the following as the schedule for presentation of witnesses and argument in the coordinated hearings on the pending Motions for Temporary Restraining Order, Preliminary Injunction and Interim Remedies:

1. Evidence and arguments in the Consolidated Salmonid Cases will proceed first.

2. The proposed order of live witnesses and argument is as set forth below. In setting this schedule, and based on input from the Court, the Parties have estimated that the total number of court hours for the coordinated hearings is approximately 44 hours. Based on this estimate, the Parties have agreed to allocate the hours to each of the Cases as follows:

* TRO/PI Motion in Salmonid Cases re RPA Action IV.2.1 (Doc Nos. 236, 242, 230, 245): NTE 10 court hours total

* Balance of Salmonid Issues: NTE 10 court hours total

* Delta Smelt Cases: Balance of Available court hours, estimated to be 24 hours total

The Parties further have agreed to divide the allocated hours set forth above equally per side, to be used by each side in its discretion among opening statements, closing arguments, direct examinations and cross-examinations, subject to (1) the witness availability issues that are included in the order of witnesses below and (2) not exceeding the total hours per side per case.

For purposes of these time allocations, the Plaintiffs and Plaintiff-in-Intervention, State of California, Department of Water Resources, shall be considered one side, and the Federal Defendants and Defendant-Intervenors shall be considered one side. The schedule set forth below has been based on the parties' best estimates of time, as well as the availability and time constraints of the witnesses. In the event any witness finishes early, the next scheduled witness will begin.

March 30, 9:00 a.m. -- March 31: Noon

* Opening Statements on TRO/PI Motion in Salmonid Cases re RPA Action IV.2.1 (Doc. ...


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