California Natural Resources Agency, et al. v. Ross, et al.
| State of California by and through California Attorney General Xavier Becerra, California Environmental Protection Agency and California Natural Resources Agency |
| David Bernhardt, U.S. Fish and Wildlife Service, U.S. Bureau of Reclamation, Aurelia Skipwith, Wilbur Ross, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Friant Water Authority and Arvin Edison Water Storage District |
| San Luis & Delta-Mendota Water Authority, State Water Contractors, Westlands Water District and Tehama-Colusa Canal Authority |
| Sacramento River Intervenors, Oji Brothers Farm, Inc., Sutter Mutual Water Company, Maxwell Irrigation District, River Garden Farms, Inc., Pleasant Grove-Verona Mutual Water Company, Glenn-Colusa Irrigation District, Howald Farms, Inc., Windswept Land and Livestock Company, Reclamation District 108, Henry D. Richter, et al., Pelger Road 1700 LLC, Contra Costa Water District, Conaway Preservation Group LLC, City of Redding, Oji Partnership, Inc., Provident Irrigation District, Princeton-Codora-Glenn Irrigation District, David and Alice te Velde Family Trust, Tisdale Irrigation and Drainage Company, Reclamation District 104, Reclamation District No. 1004, Natomas Central Mutual Water Company, Oakdale Irrigation District, Pelger Mutual Water Company, Anderson-Cottonwood Irrigation District, Meridian Farms Water Company, Carter Mutual Water Company, South San Joaquin Irrigation District, Beverly F. Andreotti, et al. and Knights Landing Investors, LLC |
| 1:2020cv00426 |
| March 24, 2020 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Erica P Grosjean |
| Sheila K Oberto |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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Filing 114
SUMMONS RETURNED EXECUTED: California Environmental Protection Agency served on 2/27/2020, answer due 3/19/2020; California Natural Resources Agency served on 2/27/2020, answer due 3/19/2020; State of California by and through California Attorney General Xavier Becerra served on 2/27/2020, answer due 3/19/2020. (Van Loh, Sara)
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Filing 113
NOTICE of RELATED CASE(S) 1:20-CV-00426-DAD, 1:20-CV-00431-DAD by California Environmental Protection Agency. (Buse, John)
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Filing 112
NOTICE by All Defendants. (McDonald, Eve)
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Filing 111
CLERK'S NOTICE: Please disregard CAED Receipt CAE100045656, DATED 05/14/2020-Entered in wrong case number. (Martin-Gill, S)
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RECEIPT number #CAE200106402 $1000.00 Bond fbo State of California by State of CA Dept of Justice on 5/15/2020. Re #106 Order on Motion #54 for Preliminary Injunction. (Reader, L)
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Filing 110
NOTICE of APPEARANCE by Jeffrey Reusch on behalf of California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. Attorney Reusch, Jeffrey added. (Reusch, Jeffrey)
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[DISREGARD- ENTERED IN WRONG CASE] RECEIPT number #CAE100045656 $1,000.00 fbo Altshuler Berzon LLP by Altshuler Berzon LLP on 5/14/2020 (BOND). (Martin-Gill, S) Modified on 5/15/2020 (Donati, J).
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Filing 109
TRANSCRIPT of Proceedings held on 5-7-20, Preliminary Injunction Hearing before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/13/2020. (Hooven, K)
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Filing 108
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 5/12/2020. The recently issued memorandum opinion and order #106 was inadvertently docketed twice. Accordingly, the second, identical version #107 is stricken from the record. (Thorp, J)
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Filing 107
***STRICKEN see Doc. #106 *** ORDER GRANTING MOTION FOR PRELMINARY INJUNCTION (Doc. No. #54 ) signed by District Judge Dale A. Drozd on 5/11/2020. (Thorp, J) Modified on 5/12/2020 -Duplicate order. (Thorp, J).
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Filing 106
ORDER GRANTING #54 Motion for Preliminary Injunction signed by District Judge Dale A. Drozd on 5/11/2020. (Coffman, Lisa)
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Filing 105
TRANSCRIPT REQUEST by David Bernhardt, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service for proceedings held on May 7, 2020 before Judge Drozd. Court Reporter Karen Hooven. (Smith, Nicole)
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Filing 104
STIPULATION AND ORDER REGARDING INTERVENTION OF CONTRA COSTA WATER DISTRICT signed by District Judge Dale A. Drozd on 5/10/2020. (Thorp, J)
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Filing 103
TRANSCRIPT REQUEST by Friant Water Authority for proceedings held on 4/7/20 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Adams, Matthew)
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Filing 102
TRANSCRIPT REQUEST by Arvin Edison Water Storage District for proceedings held on 5/7/20 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Adams, Matthew)
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Filing 101
NOTICE Request for Judicial Notice by All Defendants. (McDonald, Eve)
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Filing 100
NOTICE of New Information by All Defendants. (Attachments: #1 Declaration, #2 Exhibit)(McDonald, Eve)
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Filing 99
MINUTES (Text Only) for joint proceedings held via video conference before District Judge Dale A. Drozd: Motion Hearing held on 5/7/2020 in cases 1:20-cv-00426-DAD-EPG and case 1:20-cv-00431-DAD-EPG. #54 Motion for Preliminary Injunction argued. Plaintiffs' witness Doctor Bruce Herbold sworn and testified. Defendants' witness Kristin White sworn and testified. Plaintiffs' witness Jonathan Rosenfield sworn and testified. Any supplemental filings are to be filed no later than noon 5/8/2020. Motion is submitted and taken under submission. Written order will issue. Plaintiffs' Counsel Sarah Van Loh, Jeffrey Reusch, Barbara Chisholm, Glen Spain and Elizabeth Vissers (Zoom) present. Defendants' Counsel Nicole Smith, Lori Carmanian and Lesley Lawrence-Hammer telephonically (Zoom) present. Defendants' Intervenors Counsel Dan O'Hanlon, Jenna Mandell-Rice, Rachel Jacobson, Meredith Nikkel, Andrew Hitchings and Matthew Adams (Zoom) present. Court Reporter/CD Number: Karen Hooven (Zoom) present. (Thorp, J)
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Filing 98
REQUEST for JUDICIAL NOTICE by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra in re #54 Motion for Preliminary Injunction, #82 Reply. (Fuchs, Daniel)
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Filing 97
NOTICE of Appearance of Lori Caramanian by David Bernhardt, Brenda Burman, National Marine Fisheries Service, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service. (McDonald, Eve)
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Filing 96
TRANSCRIPT REQUEST by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra for proceedings held on 05/07/2020 before Judge Hon. Dale A. Drozd. Court Reporter Karen Hooven. (Fuchs, Daniel)
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Filing 95
TRANSCRIPT REQUEST by State Water Contractors for proceedings held on May 7, 2020 before Judge Hon. Dale A. Drozd. Court Reporter Karen Hooven. (Mandell-Rice, Jenna)
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Filing 94
[DISREGARD - TO BE REFILED] NOTICE of APPEARANCE by Daniel M. Fuchs on behalf of California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. (Fuchs, Daniel) Modified on 5/6/2020 (Benson, A.).
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Filing 93
TRANSCRIPT REQUEST by Anderson-Cottonwood Irrigation District, Beverly F. Andreotti, et al., Carter Mutual Water Company, City of Redding, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Glenn-Colusa Irrigation District, Henry D. Richter, et al., Howald Farms, Inc., Knights Landing Investors, LLC, Maxwell Irrigation District, Meridian Farms Water Company, Natomas Central Mutual Water Company, Oji Brothers Farm, Inc., Oji Partnership, Inc., Pelger Mutual Water Company, Pelger Road 1700 LLC, Pleasant Grove-Verona Mutual Water Company, Princeton-Codora-Glenn Irrigation District, Provident Irrigation District, Reclamation District 104, Reclamation District 108, Reclamation District No. 1004, River Garden Farms, Inc., Sutter Mutual Water Company, Tehama-Colusa Canal Authority, Tisdale Irrigation and Drainage Company, Windswept Land and Livestock Company for proceedings held on 5/7/2020 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hamilton, Brian)
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Filing 92
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 5/6/2020. The court has received and reviewed California's motion to strike #83 . The filings California seeks to strike were submitted on April 30, 2020. All parties knew, or should have known, that the court would begin reviewing and digesting them immediately in order to prepare for the May 7, 2020 expedited hearing, set on shorted time at California's request. These documents were not terribly lengthy and could have been reviewed by California immediately as well. Yet, California waited until Sunday, May 3, 2020 to move to strike them. For that reason, the motion is arguably untimely. Moreover, although the "uniqueness" of some portions of defendant-intervenor's filings is debatable, they were not entirely duplicative. Under the circumstances (including the absence of significant time for any defendant intervenor to review any other opposing party's briefs before filing), the court does not believe any party has violated the letter of the court's prior order. Accordingly, the motion to strike is DENIED. That said, the court intends to issue further, detailed orders designed to reign in motions practice in these cases in the future. (Thorp, J)
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Filing 91
STIPULATION and PROPOSED ORDER for Intervention of Contra Costa Water District by Contra Costa Water District. Attorney Bruner, Marc R. added. (Bruner, Marc)
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Filing 90
NOTICE of ERRATA by U.S. Bureau of Reclamation re #78 Opposition to Motion.. (Attachments: #1 Declaration Corrected Declaration on Exhibits, #2 Exhibit Corrected file of Exh A through M)(McDonald, Eve)
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Filing 89
NOTICE of ERRATA by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra re #82 Reply.. (Fuchs, Daniel)
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Filing 88
OPPOSITION by State Water Contractors to #83 Motion to Strike,. (Mandell-Rice, Jenna)
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Filing 87
OPPOSITION by Arvin Edison Water Storage District, Friant Water Authority to #83 Motion to Strike,. (Adams, Matthew)
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Filing 86
OPPOSITION by San Luis & Delta-Mendota Water Authority, Westlands Water District to #83 Motion to Strike,. (O'Hanlon, Daniel)
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Filing 85
TRANSCRIPT REQUEST by San Luis & Delta-Mendota Water Authority, Westlands Water District for proceedings held on 5/7/20 before Judge Drozd. Court Reporter Karen Hooven. (O'Hanlon, Daniel)
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Filing 84
PROPOSED ORDER re Motion to Strike re #83 MOTION to STRIKE re #77 Opposition to Motion, #74 Opposition to Motion, #75 Opposition,. by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. (Fuchs, Daniel)
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Filing 83
MOTION to STRIKE re #77 Opposition to Motion, #74 Opposition to Motion, #75 Opposition,. by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. Motion Hearing set for 5/7/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Fuchs, Daniel)
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Filing 82
REPLY by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra re #54 Motion for Preliminary Injunction,. (Fuchs, Daniel)
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Filing 81
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 5/1/2020. Federal Defendants' motion for leave to file their brief 15 minutes late #79 is GRANTED. (Thorp, J)
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Filing 80
OPPOSITION by U.S. Bureau of Reclamation to #54 Motion for Preliminary Injunction,. (McDonald, Eve)
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Filing 79
MOTION Leave to File Out of Time by U.S. Bureau of Reclamation. (Attachments: #1 Declaration, #2 Proposed Order)(McDonald, Eve)
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Filing 78
OPPOSITION by U.S. Bureau of Reclamation to #54 Motion for Preliminary Injunction,. (Attachments: #1 Affidavit, #2 Exhibit)(McDonald, Eve)
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Filing 77
OPPOSITION by Arvin Edison Water Storage District, Friant Water Authority to #54 Motion for Preliminary Injunction,. (Adams, Matthew)
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Filing 76
OPPOSITION by Anderson-Cottonwood Irrigation District, Beverly F. Andreotti, et al., Carter Mutual Water Company, City of Redding, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Glenn-Colusa Irrigation District, Henry D. Richter, et al., Howald Farms, Inc., Knights Landing Investors, LLC, Maxwell Irrigation District, Meridian Farms Water Company, Natomas Central Mutual Water Company, Oji Brothers Farm, Inc., Oji Partnership, Inc., Pelger Mutual Water Company, Pelger Road 1700 LLC, Pleasant Grove-Verona Mutual Water Company, Princeton-Codora-Glenn Irrigation District, Provident Irrigation District, Reclamation District 104, Reclamation District 108, Reclamation District No. 1004, River Garden Farms, Inc., Sutter Mutual Water Company, Tehama-Colusa Canal Authority, Tisdale Irrigation and Drainage Company, Windswept Land and Livestock Company to #54 Motion for Preliminary Injunction,. Attorney Nikkel, Meredith E. added. (Nikkel, Meredith)
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Filing 75
OPPOSITION by Intervenor State Water Contractors to #54 MOTION for PRELIMINARY INJUNCTION PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIVE. (Attachments: #1 Declaration of Jenna Mandell-Rice, #2 Declaration of Shawn Acuna, Ph.D.)(Mandell-Rice, Jenna)
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Filing 74
OPPOSITION by San Luis & Delta-Mendota Water Authority, Westlands Water District to #54 Motion for Preliminary Injunction,. (Attachments: #1 Declaration C. Hanson, Ph.D., #2 Declaration P. Arroyave, #3 Declaration W. R. Freeman, #4 Declaration T. Boardman, #5 Exhibit A to T. Boardman Decl., #6 Exhibit B to T. Boardman Decl., #7 Exhibit C to T. Boardman Decl.)(O'Hanlon, Daniel)
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Filing 73
DECLARATION of Matt Nobriga in opposition to #54 Motion for Preliminary Injunction,. (Attachments: #1 Declaration Second Israel Decl., #2 Exhibit Israel Attachment 1, #3 Exhibit Israel Attachment 2, #4 Exhibit Israel Attachment 3, #5 Exhibit Israel Attachment 4, #6 Exhibit Israel Attachment 5)(Smith, Nicole)
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Filing 72
STIPULATION AND ORDER REGARDING INTERVENTION BY FRIANT WATER AUTHORITY AND ARVIN-EDISON WATER STORAGE DISTRICT signed by District Judge Dale A. Drozd on 4/27/2020. (Thorp, J)
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Filing 71
STIPULATION AND ORDER SETTING BRIEFING SCHEDULE AND PAGE LIMITS FOR PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION signed by District Judge Dale A. Drozd on 4/27/2020. Motion Hearing set for 5/7/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Lawyers who plan to speak and any key witnesses must appear via Zoom. Parties will receive Zoom ID number and password for the hearing by email. All other interested parties who will not be speaking are to phone in telephonically by dialing 877-402-9757, access code 6966236 at the time of hearing. (Thorp, J)
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Filing 70
STIPULATION TO EXTEND DEADLINE FOR RESPONSE TO PLAINTIFFS' AMENDED COMPLAINT by David Bernhardt, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service. (Lawrence-Hammer, Lesley)
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Filing 69
STIPULATION and PROPOSED ORDER for briefing schedule and hearing date for prelim. inj. re #54 MOTION for PRELIMINARY INJUNCTION PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIVE, #53 Notice - Other, by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. (Fuchs, Daniel)
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Filing 68
STIPULATION and PROPOSED ORDER for Intervention by Friant Water Authority and Arvin-Edison Water Storage District by Friant Water Authority. (Adams, Matthew)
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Filing 67
NOTICE of APPEARANCE by Kenneth Michael Robbins on behalf of South San Joaquin Irrigation District. Attorney Robbins, Kenneth Michael added. (Robbins, Kenneth)
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Filing 66
ORDER re Stipulation Regarding Intervention by Oakdale Irrigation District and South San Joaquin Irrigation District, signed by District Judge Dale A. Drozd on 4/22/2020. (Marrujo, C)
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Filing 65
ORDER GRANTING Motions #13 #24 for Permissive Intervention With Conditions on Briefing, signed by District Judge Dale A. Drozd on 4/22/2020. (Marrujo, C)
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Filing 64
ORDER RELATING Cases and REASSIGNING Magistrate Judge, signed by District Judge Dale A. Drozd on 4/22/2020. New Case Number: 1:20CV00426DADEPG. (Marrujo, C)
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Filing 63
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 4/22/2020. The court has received and reviewed plaintiffs' ex parte request to shorten time #52 on the recently-filed motion for preliminary injunction (PI) #54 . Given the preliminary showing therein indicating that irreparable harm may ensue as early as May 11, 2020, the court intends to set a joint hearing on the PI motion and on the parallel PI motion in the companion case Pacific Coast Federation of Fishermen's Associations v. Ross, 1:20-cv-00431 DAD EPG, for either May 5, 6, or 7, 2020. Given the numbers of parties involved, the court would prefer that all parties in both cases meet and confer immediately in an effort to reach a stipulation to one or two proposed time(s) and date(s) for the hearing that best suit their schedules. The court also requests that the parties attempt to reach agreement as to a briefing schedule that would give the court at least 7 calendar days prior to the hearing date to review any opposition(s) and at least four calendar days to review any replies. The parties are cautioned that, in light of this accelerated timeline, limiting participation by the intervenors to briefing of issues that are truly unique to those intervenors will be necessary. For example, the court does not anticipate having sufficient time to review declarations from intervenor experts who plan to address issues already covered by the federal defendants, even if those expert opinions diverge from federal defendants' expert opinions. Such nuanced differences must, as a matter of practical reality, wait until briefing on the merits takes place. Thus, any submission by intervenors must be strictly limited to issues and opinions truly unique to the intervenor. Any stipulation should take this into account or the court will consider imposing such constraints sua sponte. (Thorp, J)
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Filing 62
STIPULATION and PROPOSED ORDER for Intervention by Oakdale Irrigation District, South San Joaquin Irrigation District. Attorney Wasiewski, Timothy J. added. (Wasiewski, Timothy)
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Filing 61
NOTICE of APPEARANCE by Andrew Morrow Hitchings on behalf of Anderson-Cottonwood Irrigation District, City of Redding, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Glenn-Colusa Irrigation District, Knights Landing Investors, LLC, Pelger Road 1700 LLC, Reclamation District No. 1004. Attorney Hitchings, Andrew Morrow added. (Hitchings, Andrew)
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Filing 60
PROPOSED ORDER re Motion for Preliminary Injunction re #53 Notice - Other,. (Van Loh, Sara)
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Filing 59
EXHIBIT re #54 Motion for Preliminary Injunction, filed by State of California by and through California Attorney General Xavier Becerra, California Natural Resources Agency, California Environmental Protection Agency. (Attachments: #1 Exhibit Exhibit 22, #2 Exhibit Exhibit 23, #3 Exhibit Exhibit 24, #4 Exhibit Exhibit 25, #5 Exhibit Exhibit 26, #6 Exhibit Exhibit 27, #7 Exhibit Exhibit 28, #8 Exhibit Exhibit 29, #9 Exhibit Exhibit 30, #10 Exhibit Exhibit 31, #11 Exhibit Exhibit 32, #12 Exhibit Exhibit 33, #13 Exhibit Exhibit 34, #14 Exhibit Exhibit 35, #15 Exhibit Exhibit 36, #16 Exhibit Exhibit 37)(Van Loh, Sara)
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Filing 58
EXHIBIT REQUEST FOR JUDICIAL NOTICE re #54 Motion for Preliminary Injunction, filed by State of California by and through California Attorney General Xavier Becerra, California Natural Resources Agency, California Environmental Protection Agency. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21)(Van Loh, Sara)
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Filing 57
EXHIBIT re #54 Motion for Preliminary Injunction, filed by State of California by and through California Attorney General Xavier Becerra, California Natural Resources Agency, California Environmental Protection Agency. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13)(Van Loh, Sara)
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Filing 56
REQUEST for JUDICIAL NOTICE by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra in re #54 Motion for Preliminary Injunction,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Van Loh, Sara)
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Filing 55
DECLARATION of Bruce Herbold, Ph.D in support of #54 Motion for Preliminary Injunction,. (Attachments: #1 Exhibit A)(Van Loh, Sara)
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Filing 54
MOTION for PRELIMINARY INJUNCTION PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIVE by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. Motion Hearing set for 5/19/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Van Loh, Sara)
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Filing 53
NOTICE PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. (Van Loh, Sara)
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Filing 52
EX PARTE APPLICATION by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra for Order Shortening Time on Preliminary Injunction Hearing;Supporting Memorandum of Points and Authorities. (Attachments: #1 Declaration OF DANIEL M. FUCHS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION, #2 Proposed Order GRANTING PLAINTIFFS EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION)(Fuchs, Daniel)
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Filing 51
FIRST AMENDED COMPLAINT against David Bernhardt, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra.(Fuchs, Daniel)
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Filing 50
NOTICE of APPEARANCE by Kevin M. O'Brien on behalf of Anderson-Cottonwood Irrigation District, Beverly F. Andreotti, et al., Carter Mutual Water Company, City of Redding, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Glenn-Colusa Irrigation District, Henry D. Richter, et al., Howald Farms, Inc., Knights Landing Investors, LLC, Maxwell Irrigation District, Meridian Farms Water Company, Natomas Central Mutual Water Company, Oji Brothers Farm, Inc., Oji Partnership, Inc., Pelger Mutual Water Company, Pelger Road 1700 LLC, Pleasant Grove-Verona Mutual Water Company, Princeton-Codora-Glenn Irrigation District, Provident Irrigation District, Reclamation District 104, Reclamation District 108, River Garden Farms, Inc., Sutter Mutual Water Company, Tehama-Colusa Canal Authority, Tisdale Irrigation and Drainage Company, Windswept Land and Livestock Company. Attorney O'Brien, Kevin M. added. (O'Brien, Kevin)
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Filing 49
NOTICE of APPEARANCE by Andrea Clark on behalf of Tehama-Colusa Canal Authority. Attorney Clark, Andrea added. (Clark, Andrea)
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Filing 48
NOTICE of APPEARANCE by Samuel E. Bivins on behalf of Anderson-Cottonwood Irrigation District, Beverly F. Andreotti, et al., Carter Mutual Water Company, City of Redding, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Glenn-Colusa Irrigation District, Henry D. Richter, et al., Howald Farms, Inc., Knights Landing Investors, LLC, Maxwell Irrigation District, Meridian Farms Water Company, Natomas Central Mutual Water Company, Oji Brothers Farm, Inc., Oji Partnership, Inc., Pelger Mutual Water Company, Pelger Road 1700 LLC, Pleasant Grove-Verona Mutual Water Company, Princeton-Codora-Glenn Irrigation District, Provident Irrigation District, Reclamation District 104, Reclamation District 108, River Garden Farms, Inc., Sutter Mutual Water Company, Tehama-Colusa Canal Authority, Tisdale Irrigation and Drainage Company, Windswept Land and Livestock Company. Attorney Bivins, Samuel E. added. (Bivins, Samuel)
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Filing 47
NOTICE of APPEARANCE by Brian Edward Hamilton on behalf of Anderson-Cottonwood Irrigation District, Beverly F. Andreotti, et al., Carter Mutual Water Company, City of Redding, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Glenn-Colusa Irrigation District, Henry D. Richter, et al., Howald Farms, Inc., Knights Landing Investors, LLC, Maxwell Irrigation District, Meridian Farms Water Company, Natomas Central Mutual Water Company, Oji Brothers Farm, Inc., Oji Partnership, Inc., Pelger Mutual Water Company, Pelger Road 1700 LLC, Pleasant Grove-Verona Mutual Water Company, Princeton-Codora-Glenn Irrigation District, Provident Irrigation District, Reclamation District 104, Reclamation District 108, River Garden Farms, Inc., Sutter Mutual Water Company, Tehama-Colusa Canal Authority, Tisdale Irrigation and Drainage Company, Windswept Land and Livestock Company. Attorney Hamilton, Brian Edward added. (Hamilton, Brian)
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Filing 46
STIPULATION and ORDER regarding Intervention signed by District Judge Dale A. Drozd on 4/17/2020. Sacramento River Intervenors added. (Lundstrom, T)
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Filing 45
STIPULATION and PROPOSED ORDER for Intervention by Tehama-Colusa Canal Authority, Reclamation District 108, Sutter Mutual Water Company, Natomas Central Mutual Water Company, River Garden Farms, Inc., Pleasant Grove-Verona Mutual Water Company, Pelger Mutual Water Company, Meridian Farms Water Company, Henry D. Richter, et al., Howald Farms, Inc., Oji Brothers Farm, Inc., Oji Partnership, Inc., Carter Mutual Water Company, Windswept Land and Livestock Company, Maxwell Irrigation District, Beverly F. Andreotti, et al., Tisdale Irrigation and Drainage Company, Provident Irrigation District, Princeton-Codora-Glenn Irrigation District, Glenn-Colusa Irrigation District, Reclamation District 104, Conaway Preservation Group LLC, David and Alice te Velde Family Trust, Pelger Road 1700 LLC, Anderson-Cottonwood Irrigation District, City of Redding, Knights Landing Investors, LLC. Attorney Nikkel, Meredith E. added. (Nikkel, Meredith)
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Filing 44
NOTICE of APPEARANCE by Eve W. McDonald, GOVT on behalf of David Bernhardt, Brenda Burman, National Marine Fisheries Service, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service. Attorney McDonald, Eve W. added. (McDonald, Eve)
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Filing 43
NOTICE of APPEARANCE by Lesley Lawrence-Hammer on behalf of David Bernhardt, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service. Attorney Lawrence-Hammer, Lesley added. (Lawrence-Hammer, Lesley)
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Filing 42
PRO HAC VICE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/8/2020. Added attorney Sara Vink Mogharabi, PHV for Arvin Edison Water Storage District and Friant Water Authority. (Sant Agata, S)
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Filing 41
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Friant Water Authority for attorney Sara V. Mogharabi to appear Pro Hac Vice. (Attachments: #1 Proposed Order)(Adams, Matthew)
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RECEIPT number 0972-8833733 for $225.00 for Sara V. Mogharabi from Matthew G. Adams. (Gonzalez, R)
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Filing 40
MOTION to INTERVENE by Friant Water Authority, Arvin Edison Water Storage District. Attorney Adams, Matthew G. added. Motion Hearing set for 5/19/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proposed Order, #2 Declaration of M. Adams, #3 Declaration of Ottomoeller, #4 Declaration of Arvin-Edison, #5 Proposed Answer)(Adams, Matthew)
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Filing 39
NOTICE of APPEARANCE by Nicole Marie Smith on behalf of David Bernhardt, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service. Attorney Smith, Nicole Marie added. (Smith, Nicole)
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Filing 38
STATEMENT of NON-OPPOSITION by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra to #24 Motion to Intervene,. (Van Loh, Sara)
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Filing 37
STATEMENT of NON-OPPOSITION by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra to #13 Motion to Intervene,. (Van Loh, Sara)
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Filing 36
PRO HAC VICE ORDER added Rachel Jacobson for Westlands Waters District, signed by Magistrate Judge Sheila K. Oberto on 3/27/2020. (Kusamura, W)
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Filing 35
STATEMENT of NON-OPPOSITION by San Luis & Delta-Mendota Water Authority, Westlands Water District to #13 Motion to Intervene,. (O'Hanlon, Daniel)
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Filing 34
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Westlands Water District for attorney Rachel Jacobson to appear Pro Hac Vice.(Filing fee $ 225) (Attachments: #1 Proposed Order Proposed Order)(Jacobson, Rachel)
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Filing 33
CLERK's NOTICE to Attorney, Jenna Mandell-Rice. Please disregard #32 Notice to submit Application to Practice Pro Hac Vice. (Lundstrom, T)
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Filing 32
CLERK's NOTICE to Attorney, Jenna Mandell-Rice to submit an Application to Practice Pro Hac Vice in the Eastern District of California. (Lundstrom, T)
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Filing 31
CLERK's NOTICE to Attorneys Colleen R. Flannery, NACED and Rachel Jacobson, NACED to submit Petition to Practice in the Eastern District of California. (Lundstrom, T)
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Filing 30
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/23/2020 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Lundstrom, T)
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Filing 29
CASE TRANSFERRED IN from District of California Northern; Case Number 3:20-cv-01299.
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Filing 28
NOTICE TO PARTIES. So that the parties do not have to do this, the court will fed ex to the Eastern District this afternoon the chambers copies of all pending motions and the pleadings (in both cases). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 3/20/2020) [Transferred from cand on 3/24/2020.]
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Filing 27
ORDER TRANSFERRING CASE TO THE EASTERN DISTRICT OF CALIFORNIA. (Beeler, Laurel) (Filed on 3/20/2020) [Transferred from cand on 3/24/2020.]
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Filing 26
ORDER.In the attached order, the court grants the motions to transfer and transfers the case (and the related case of California Natural Resources Agency v. Ross, No. 20-cv-01299-LB) to the Eastern District of California. (Beeler, Laurel) (Filed on 3/20/2020) [Transferred from cand on 3/24/2020.]
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Filing 25
Order by Magistrate Judge Laurel Beeler granting #23 Motion for Pro Hac Vice. Attorney Jenna Mandell-Rice representing Intervenor Defendant State Water Contractors. (ejkS, COURT STAFF) (Filed on 3/20/2020) [Transferred from cand on 3/24/2020.]
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Filing 24
MOTION to Intervene filed by State Water Contractors. Motion Hearing set for 4/23/2020 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 4/2/2020. Replies due by 4/9/2020. (Attachments: #1 Declaration of Jennifer Pierre, #2 Proposed Order, #3 Proposed Answer)(McAdam, Allison) (Filed on 3/19/2020) [Transferred from cand on 3/24/2020.]
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Filing 23
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14298213.) filed by State Water Contractors. (Mandell-Rice, Jenna) (Filed on 3/19/2020) [Transferred from cand on 3/24/2020.]
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Filing 22
Statement PLAINTIFF'S RESPONSE REGARDING PENDING MOTIONS TO TRANSFER IN RELATED CASE PCFFA v. ROSS, No. 3:19-cv-7897 by California Environmental Protection Agency, California Natural Resources Agency, State of California by and through California Attorney General Xavier Becerra. (Van Loh, Sara) (Filed on 3/17/2020) [Transferred from cand on 3/24/2020.]
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Filing 21
Order by Magistrate Judge Laurel Beeler granting #18 Motion for Pro Hac Vice. Attorney Rachel Jacobson representing Intervenor Westlands Water District. (ejkS, COURT STAFF) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 20
AMENDED DOCUMENT by San Luis & Delta-Mendota Water Authority, Westlands Water District. Amendment to #13 MOTION to Intervene Amended [Proposed] Order. (O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 19
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Natural Resources Agency.. (Fuchs, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 18
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14264488.) filed by San Luis & Delta-Mendota Water Authority, Westlands Water District. (O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 17
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by San Luis & Delta-Mendota Water Authority, Westlands Water District.. (O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 16
Declaration of Rebecca L. Harms in Support of #13 MOTION to Intervene filed bySan Luis & Delta-Mendota Water Authority, Westlands Water District. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #13 ) (O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 15
Declaration of William R. Freeman in Support of #13 MOTION to Intervene filed bySan Luis & Delta-Mendota Water Authority, Westlands Water District. (Attachments: #1 Exhibit 1)(Related document(s) #13 ) (O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 14
Declaration of Pablo Arroyave in Support of #13 MOTION to Intervene filed bySan Luis & Delta-Mendota Water Authority, Westlands Water District. (Attachments: #1 Exhibit 1)(Related document(s) #13 ) (O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 13
MOTION to Intervene filed by San Luis & Delta-Mendota Water Authority, Westlands Water District. Motion Hearing set for 5/14/2020 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/24/2020. Replies due by 3/31/2020. (Attachments: #1 Proposed Order Proposed Order, #2 Proposed Answer)(O'Hanlon, Daniel) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 12
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/24/2020. (ejkS, COURT STAFF) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 11
CLERK'S NOTICE ON REASSIGNMENT. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Laurel Beeler upon reassignment. For a copy of Judge Laurel Beeler's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 6/4/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 5/28/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/10/2020) [Transferred from cand on 3/24/2020.]
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Filing 10
ORDER RELATING CASE. The court finds that the cases are related C19-7897 LB and C20-1299 DMR. Signed by Judge Laurel Beeler on 03/09/2020. (ejkS, COURT STAFF) (Filed on 3/9/2020) [Transferred from cand on 3/24/2020.]
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Case Reassigned to Magistrate Judge Laurel Beeler. Magistrate Judge Donna M. Ryu no longer assigned to the case. (mbcS, COURT STAFF) (Filed on 3/9/2020) [Transferred from cand on 3/24/2020.]
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Filing 9
NOTICE of Appearance by Colleen R. Flannery (Flannery, Colleen) (Filed on 3/6/2020) [Transferred from cand on 3/24/2020.]
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Filing 8
NOTICE of Appearance by Lisa Elizabeth Sarine as Counsel for Plaintiffs (Sarine, Lisa) (Filed on 2/24/2020) [Transferred from cand on 3/24/2020.]
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Filing 7
NOTICE of Appearance by Tracy Lynn Winsor as Counsel for Plaintiffs (Winsor, Tracy) (Filed on 2/21/2020) [Transferred from cand on 3/24/2020.]
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Filing 6
NOTICE of Appearance by Daniel M. Fuchs (Fuchs, Daniel) (Filed on 2/21/2020) [Transferred from cand on 3/24/2020.]
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Filing 5
Summons Issued as to David Bernhardt, Brenda Burman, National Marine Fisheries Service, Chris Oliver, Wilbur Ross, Aurelia Skipwith, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service. (cjlS, COURT STAFF) (Filed on 2/21/2020) [Transferred from cand on 3/24/2020.]
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/27/2020. Initial Case Management Conference set for 6/3/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 2/21/2020) [Transferred from cand on 3/24/2020.]
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Filing 3
Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/6/2020. (mbcS, COURT STAFF) (Filed on 2/21/2020) [Transferred from cand on 3/24/2020.]
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Filing 2
Proposed Summons. (Van Loh, Sara) (Filed on 2/20/2020) [Transferred from cand on 3/24/2020.]
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-14201648.). Filed byState of California by and through Attorney General Xavier Becerra, California Environmental Protection Agency, California Natural Resources Agency. (Attachments: #1 Civil Cover Sheet)(Van Loh, Sara) (Filed on 2/20/2020) [Transferred from cand on 3/24/2020.]
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