The Klamath Tribes v. United States Bureau of Reclamation et al, No. 3:2018cv03078 - Document 25 (N.D. Cal. 2018)

Court Description: ORDER granting 19 Stipulation Requesting Order Changing Time - Deadlines reset as to 18 MOTION to Dismiss, 13 MOTION for Preliminary Injunction, 16 MOTION to Intervene, and 17 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 6/22/2018. Replies due by 6/29/2018. Motion Hearing reset for 7/13/2018 09:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 06/12/2018. (jmdS, COURT STAFF) (Filed on 6/12/2018)
Download PDF
The Klamath Tribes v. United States Bureau of Reclamation et al 1 2 3 4 5 6 7 8 9 10 Doc. 25 JEFFREY H. WOOD, Acting Assistant Attorney General Environment & Natural Resources Division SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief ROBERT P. WILLIAMS, Sr. Trial Attorney KAITLYN POIRIER, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7611 Washington, D.C. 20044-7611 Tel: 202-307-6623; Fax: 202-305-0275 Email: robert.p.williams@usdoj.gov Email: kaitlyn.poirier@usdoj.gov Attorneys for Federal Defendants 11 12 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 THE KLAMATH TRIBES, Plaintiff, 17 18 19 20 21 22 v. U.S. BUREAU OF RECLAMATION; U.S. FISH & WILDLIFE SERVICE; NATIONAL MARINE FISHERIES SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:18-cv-03078-WHO STIPULATION REQUESTING ORDER CHANGING TIME 23 24 Pursuant to Civil Local Rule 6-2, Plaintiff, Federal Defendants, and Defendant- 25 Intervenors hereby stipulate to and jointly request an order adopting the briefing schedule set forth 26 herein with regard to Plaintiff’s Motion for Preliminary Injunction (ECF No. 13) and Federal 27 28 3:16-cv-03078-WHO Stipulation Requesting Order Changing Time - 1 Dockets.Justia.com 1 Defendants’ and Defendant Intervenors’ Motions to Dismiss (ECF Nos. 18 and 17).1 In support 2 of this stipulation, the parties state: 3 1. On May 23, 2018, Plaintiff filed a Motion for Leave to File Excess Pages for its 4 upcoming Motion for Preliminary Injunction. ECF No. 5. The Court granted that Motion, 5 allowing a 37 page brief. ECF No. 11. 6 2. On May 29, 2018, Plaintiff filed its Motion for Preliminary Injunction. ECF No. 7 13. Plaintiff’s motion is noticed for hearing on July 11, 2018 at 2:00 PM—the first date the Civil 8 Local Rules and the Court’s schedule permits the motion to be heard. 9 3. The Civil Local Rules allow two weeks for response briefs, thus requiring Federal 10 Defendants and Defendant-Intervenors to file their response to Plaintiff’s Motion for Preliminary 11 Injunction by June 12, 2018 and Plaintiff to file its reply within one week thereafter, by June 19, 12 2018. 13 4. Federal Defendants and Defendant-Intervenors require additional time to prepare 14 their response to Plaintiff’s Motion for Preliminary Injunction due to the complexity of the issues, 15 the length of the motion, and the schedules of counsel. Plaintiff also seeks to avoid a scheduling 16 conflict for its counsel on June 27, 2018. The parties therefore stipulate to the following schedule 17 for Plaintiff’s Motion for Preliminary Injunction: Federal Defendants and Defendant-Intervenors 18 will file their respective responses by June 22, 2018, and Plaintiff will file its reply by June 29, 19 2018. The parties do not seek to alter the July 11, 2018 hearing date, and hence briefing will be 20 completed under their proposed schedule 12 days prior to the hearing. 21 5. Separately, the parties have discussed a briefing schedule for Federal Defendants’ 22 and Defendant-Intervenors’ Motions to Dismiss. ECF Nos. 18 and 17. Federal Defendants’ and 23 Defendant-Intervenors’ Motions to Dismiss raise threshold issues that must be resolved prior to 24 resolving Plaintiff’s Motion for Preliminary Injunction. Therefore, the parties stipulate to the 25 Court hearing the Motions to Dismiss on July 11, 2018—the same date as the hearing on 26 27 28 Federal Defendants submit this Stipulation for the limited purpose of establishing a briefing schedule. Federal Defendants expressly reserve all defenses, including that venue in this Court is improper. 1 3:16-cv-03078-WHO Stipulation Requesting Order Changing Time - 2 1 Plaintiff’s Motion for Preliminary Injunction. The parties expect briefing on Federal Defendants’ 2 Motion to Dismiss to proceed according to the Local Rules and duplicate the briefing dates on the 3 Motion for Preliminary Injunction, with responses due by June 22, 2018, and the reply due by 4 June 29, 2018. 5 according to those dates, with responses due by June 22, 2018, and the reply due by June 29, 6 2018. Briefing on Defendant-Intervenors’ Motion to Dismiss will also proceed 7 6. The parties have not requested any previous time modifications of these schedules. 8 7. Approving the instant stipulation will not postpone the scheduled hearing on the 9 10 11 Motion for Preliminary Injunction on July 11, 2018. Accordingly, the parties stipulate and agree, and request that the Court approve, the following schedule: a. June 22, 2018: Federal Defendants’ and Defendant-Intervenors’ responses to 12 Plaintiff’s Motion for Preliminary Injunction due. Responses to Federal 13 Defendants’ and Defendant-Intervenors’ respective Motions to Dismiss due. 14 b. June 29, 2018: Plaintiff’s reply in support of its Motion for Preliminary 15 Injunction. Federal Defendants’ and Defendant-Intervenors’ respective replies on 16 their Motions to Dismiss due. July 13, 2018 at 9:00 a.m. July 11, 2018: Hearing on Federal Defendants’ and Defendant-Intervenors’ 17 18 c. Motions to Dismiss. 19 20 21 22 23 24 25 26 27 28 Dated: June 8, 2018 Respectfully submitted, JEFFREY H. WOOD, Acting Assistant Attorney General SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief ROBERT P. WILLIAMS, Sr. Trial Attorney /s/ Kaitlyn Poirier KAITLYN POIRIER, Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section 3:16-cv-03078-WHO Stipulation Requesting Order Changing Time - 3 1 2 3 4 Ben Franklin Station, P.O. Box 7611 Washington, D.C. 20044-7611 (202) 307-6623 (tel) | (202) 305-0275 (fax) kaitlyn.poirier@usdoj.gov Attorneys for Federal Defendants 5 6 7 8 9 10 11 12 13 14 15 /s/ Jeremiah D. Weiner Jeremiah D. Weiner (CSBA No. 226340) Douglas MacCourt (OSBA No. 890780) Lucas T. Christian (CSBA No. 320014) Rosette, LLP 193 Blue Ravine Road Suite 225 Folsom, California 95630 Telephone: (916) 353-1084 Facsimile: (916) 353-1085 Jweiner@rosettelaw.com dmaccourt@rosettelaw.com lchristian@rosettelaw.com Attorneys for Plaintiff 16 17 18 19 20 21 SOMACH SIMMONS & DUNN, PC /s/ Paul S. Simmons Paul S. Simmons Attorneys for Defendant-Intervenors Klamath Water Users Association, Sunnyside Irrigation District, and Ben DuVal 22 23 24 25 26 27 28 3:16-cv-03078-WHO Stipulation Requesting Order Changing Time - 4 ATTESTATION PURSUANT TO CIVIL L.R. 5-1(i)(3) 1 2 I, Kaitlyn Poirier, attest that concurrence in the filing of the document has been obtained 3 from each of the other Signatories indicated with a “conformed” signature (/s/) within this e-filed 4 document. 5 6 7 8 9 10 11 12 13 14 15 16 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Dated: June 8, 2018 /s/ Kaitlyn Poirier KAITLYN POIRIER, Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section Ben Franklin Station, P.O. Box 7611 Washington, D.C. 20044-7611 (202) 307-6623 (tel) (202) 305-0275 (fax) kaitlyn.poirier@usdoj.gov Attorneys for Federal Defendants 17 18 19 20 21 22 23 24 25 26 27 28 3:16-cv-03078-WHO Stipulation Requesting Order Changing Time - 5 1 PURSUANT TO STIPULATION, AS MODIFIED, IT IS SO ORDERED. 2 3 June Dated this __________day of ____________, 2018. 12th 4 5 6 7 HON. WILLIAM H. ORRICK United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3:16-cv-03078-WHO Stipulation Requesting Order Changing Time - 6