IN EQUITY C-125-C: UNITED STATES OF AMERICA V. WALKER RIVER IRRIGATION, ET AL., No. 3:1973cv00128 - Document 1004 (D. Nev. 2021)
Court Description: ORDER granting ECF No. 1003 Stipulation : Mineral County's Response to ECF No. 994 Joint Motion to Dismiss due by 4/30/2022. Joint Reply due by 6/30/2022. Signed by Chief Judge Miranda M. Du on 12/15/2021. (Copies have been distributed pursuant to the NEF - DRM) (Mineral County Water Case Display Page)
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IN EQUITY C-125-C: UNITED STATES OF AMERICA V. WALKER RIVER IRRIGATION, ET AL. 1 2 3 4 5 6 7 8 9 10 Iris Thornton, pro hac vice Advocates for Community and Environment P.O. Box 1075 El Prado, New Mexico 87529 Phone: (575) 758-7202 Fax: (575) 758-7203 Email: iris@communityandenvironment.net Sean A. Rowe, Nevada Bar No. 10977 Mineral County District Attorney P.O. Box 1210 Hawthorne, Nevada 89415 Phone: (775) 945-3636 Fax: (775) 945-0740 Email: srowe@mineralcountynv.org Attorneys for Mineral County UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 11 12 UNITED STATES OF AMERICA, 13 14 Plaintiff, WALKER RIVER PAIUTE TRIBE, 15 16 17 18 19 20 Plaintiff-Intervenor, vs. WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants. _____________________________________ MINERAL COUNTY, 21 22 23 Proposed-Plaintiff-Intervenor, vs. WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., 24 25 26 27 28 Doc. 1004 Proposed Defendants. _____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN EQUITY NO. C-125-MMD Subproceeding: 3:73-CV-00128-MMD-WGC STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION 1 Dockets.Justia.com 1 1. On July 19, 2021, the Court entered the Order Relating to Completion of Service and 2 Schedule for Responses to Mineral County’s Second Amended Complaint in Intervention (the 3 “Order”). ECF 943. 4 5 6 2. The Order provided that Defendants who were served or returned Waivers of Personal Service of Notice in Lieu of Summons forms prior to its entry were to file and serve responses to Mineral County’s Second Amended Complaint In Intervention no later than September 7 8 9 28, 2021. ECF 943. 3. On September 16, 2021, Mineral County and the Principal Defendants submitted 10 a Stipulation and [Proposed] Order Concerning Responses to Second Amended Complaint in 11 Intervention, which provided that Defendants would have until October 29, 2021, in which to file 12 and serve a joint Motion to Dismiss Mineral County’s Second Amended Complaint in 13 Intervention and a joint memorandum of points and authorities in support thereof. ECF 975. 14 The stipulation further provided that Mineral County’s response to said joint motion would be 15 16 17 18 due by January 31, 2022, and a joint reply in support of said joint motion would be due by March 31, 2022. Id. The stipulation also requested relief from LR 7-3’s page limit. Id. 4. On September 17, 2021, the Court approved the stipulation with regard to the 19 deadline modifications, but denied the requested page limit relief, stating that the parties “shall 20 follow the normal process for seeking to exceed the page limit and be prepared to be precise as to 21 22 the page limit and the reason.” ECF 979. 5. On October 28, 2021, Principal Defendants filed a Joint Motion to Dismiss 23 24 Mineral County's Second Amended Complaint In Intervention Pursuant To Fed. R. Civ. P. 25 12(B)(1), 12(B)(6) and 12(B)(7), ECF 994, a Motion for Leave to File Excess Pages, ECF 995, 26 STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION 27 28 2 1 and Points and Authorities in Support of Motion to Dismiss Mineral County's Second Amended 2 Complaint in Intervention Pursuant to Fed. R. Civ. P. 12(B)(1), 12(B)(6) and 12(B)(7), ECF 996. 3 4 6. Several weeks after Defendants’ motion to dismiss filing, just after the status conference held by the Court on November 16, 2021, and in the midst of managing follow-up 5 6 7 diagnostic appointments related to lymphoma treatment, lead attorney for Mineral County, Simeon Herskovits, was hospitalized with COVID-19 and has been unable to work since that 8 time. He was released from the hospital briefly in late November, but when symptoms returned 9 he was re-admitted. 10 11 12 7. Mr. Herskovits remains hospitalized with a serious case of COVID-19 pneumonia, and while his prognosis remains unclear, his doctors do not expect him to be able to return to work for several months under the best case scenario. See Exhibit A. 13 14 8. Because Mr. Herskovits has primary responsibility for drafting Mineral County’s 15 response to Principal Defendants’ joint motion to dismiss, and because that work has not yet 16 begun due to Mr. Herskovits’ health challenges since the filing of the joint motion to dismiss, it 17 will not be possible for Mineral County to meet the previously-stipulated January 31, 2021, 18 deadline for Mineral County’s response to Principal Defendants’ October 28, 2021, motion to 19 20 dismiss. 9. At this time, Mineral County intends to meet the service-related deadlines set by 21 22 the Court in its November 16, 2021, Minutes of Proceedings. See ECF 1002. Consistent with 23 those deadlines, Mineral County plans to file returns of service for personally-served California 24 riparian Defendants by the end of 2021, and a final service report addressing all California 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION 3 1 riparian Defendants, which will include the signed Waivers of Personal Service of Notice in Lieu 2 of Summons forms received in 2015 by February 11, 2021. 3 4 5 NOW THEREFORE, the parties hereto hereby stipulate and agree as follows: 1. Mineral County’s response to Principal Defendants’ Joint Motion to Dismiss Mineral County's Second Amended Complaint in Intervention Pursuant to Fed. R. Civ. P. 6 7 12(B)(1), 12(B)(6) and 12(B)(7) will be due by April 30, 2022. 8 2. A joint reply in support of said joint motion will be due by June 30, 2022. 9 3. This schedule will maintain the three (3) month timeframe for Mineral County’s 10 response followed by two (2) months for the filing of a joint reply by Principal Defendants 11 originally anticipated by the stipulation filed on September 16, 2021. See ECF 975. 12 Date: December 15, 2021 13 14 ADVOCATES FOR COMMUNITY & ENVIRONMENT P.O. Box 1075 El Prado, New Mexico 87529 By: /s/ Iris Thornton, pro hac vice Attorney for Mineral County 15 16 18 WOODBURN AND WEDGE 6100 Neil Road, Suite 500 Reno, Nevada 89511 19 By: 17 Date: December 15, 2021 20 21 /s/ (per authorization) Gordon H. DePaoli, NSB # 195 Attorneys for Walker River Irrigation District 23 BEST BEST & KRIEGER 2001 N. Main Street, Suite 390 Walnut Creek, California 94596 Jerry Snyder, NSB # 6830 24 By: 22 25 26 27 28 Date: December 15, 2021 /s/ (per authorization) Roderick E. Watson STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION 4 1 Date: December 15, 2021 2 3 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 100 N. Carson Street Carson City, Nevada 89701-4717 By: 4 5 /s/ (per authorization) Anthony J. Walsh, NSB # 14128 Attorney for Nevada Department of Wildlife 7 SCHROEDER LAW OFFICES, P.C. 10615 Double R. Blvd. #100 Reno, NV 89521 8 By: 6 Date: December 15, 2021 9 10 Date: December 15, 2021 11 12 THE COUNTY OF MONO (CA) P.O. Box 2415A Mammoth Lakes, California 93546-2415 By: 13 14 15 16 17 18 19 Date: December 15, 2021 /s/ (per authorization) Therese Ure Stix, NSB # 10255 Attorney for The Schroeder Group /s/ (per authorization) Stacey Simon, County Counsel Emily Fox, Dep. County Counsel Attorneys for Mono County SIMONS HALL JOHNSTON PC 22 State Route 208 Yerington, Nevada 89447 By: /s/ (per authorization) Brad M. Johnston, NSB # 8515 Attorney for Desert Pearl Farms, Peri Family Ranch, LLC, Peri & Peri LLC, and Frade Ranches 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION 5 1 ORDER 2 3 December 15 Dated: _______________, 2021. IT IS SO ORDERED. 4 5 ______________________________ 6 MIRANDA M. DU, CHIEF U.S. DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 15th day of December, 2021, I electronically filed the 3 4 foregoing STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL 5 6 7 8 COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the email addresses that are registered for this case. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/Iris Thornton Iris Thornton STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION EXHIBIT A STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING DEADLINES ON PRINCIPAL DEFENDANTS’ MOTION TO DISMISS MINERAL COUNTY’S SECOND AMENDED COMPLAINT IN INTERVENTION
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