IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 3, 2012
PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS AND SAN FRANCISCO CRAB BOAT OWNERS ASSOCIATION, INC.,
UNITED STATES DEPARTMENT OF THE SENG INTERIOR, AND UNITED STATES BUREAU OF RECLAMATION,
WESTLANDS WATER DISTRICT, SAN LUIS WATER DISTRICT, AND PANOCHE WATER DISTRICT,
The opinion of the court was delivered by: Magistrate Judge Hon. Michael J.
STIPULATION REQUESTING COURT ORDER ALLOWING THE FILING OF
FIRST AMENDED COMPLAINT AND SETTING A BRIEFING SCHEDULE FOR
MOTIONS TO DISMISS; ORDER THEREON
The parties hereby stipulate to the filing to plaintiffs' proposed First Amended Complaint and to the following schedule for the filing and briefing of defendants' motions to dismiss and based thereon, respectfully request this Court's Order approving this Stipulation:
1. Defendants and defendant-intervenors do not oppose the filing of the First Amended Complaint as proposed by plaintiffs in their motion to amend, filed October 26, 2012. Accordingly, the Court may order that the First Amended Complaint be filed.
2. The First Amended Complaint moots defendants' and defendant-intervenors' motions to dismiss the original Complaint. Those motions were filed on September 12, 2012, and October 4, 2012, respectively. The Court vacated the hearing on those motions on October 29, 2012.
3. Defendants shall file their motions to dismiss plaintiffs' First Amended Complaint on or before December 19, 2012.
4. Plaintiffs shall file their oppositions to defendants' motions to dismiss on or before January 10, 2013.
5. Defendants shall file their optional replies, if any, to plaintiffs' opposition on or before January 24, 2013.
6. The Court shall hear defendants' motions to dismiss on or after January 31, 2013. IT IS SO AGREED AND STIPULATED.
Dated: November 30, 2012 LAW OFFICES OF STEPHAN C. VOLKER s/ Stephan
STEPHAN C. VOLKER Attorney for Plaintiffs Dated: November 30, 2012
UNITED STATES DEPARTMENT OF JUSTICE
Joseph H. Kim (by S. Volker
JOSEPH H. KIM Attorney for Federal Defendants Dated:
November 30, 2012 ORRICK, HERRINGTON & SUTCLIFFE, LLP s/ Cynthia J.
Larsen (by S. Volker with permission) CYNTHIA J. LARSEN Attorney for
Defendants-Intervenors by S. Volker with permission
Pursuant to the parties' Stipulation, this Court adopts the proposed filing and briefing schedule and will consider the motions on the record without a hearing, unless this Court orders otherwise.
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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