Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Daniel J. O'Hanlon, SBN 122380/ William T. Chisum, SBN 142580
Kronick, Moskovitz, Tiedemann & Girard E-FILED
400 Capitol Mall, 27th Floor 5/4/2020 11:21 AM
Sacramento, CA 95814 Superior Court of California
TELEPHONE NO.: 916-321-4500 FAX NO. (Optional): 916-321-4555
County of Fresno
E-MAIL ADDRESS (Optional): dohanlon@kmtg.com/wchisum@kmtg.com
By: K. Leal, Deputy
ATTORNEY FOR (Name): Plaintiff Westlands Water District
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 O Street
MAILING ADDRESS:
Fresno, CA
CITY AND ZIP CODE: 93721
BRANCH NAME:Sisk Courthouse
PLAINTIFF/PETITIONER: Westlands Water District
DEFENDANT/RESPONDENT: All Persons Interested, etc.
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CECG03887
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 14, 2020 Time: 3:30 p.m. Dept.: 402 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Plaintiff Westlands Water District.
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): October 25, 2019
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Complaint for Validation Judgment
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Westlands Water District
19CECG03887
DEFENDANT/RESPONDENT: All Persons Interested, etc.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
See Attachment 4(b)
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number):
b. hours (short causes) (specify): 1-2
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section): CCP sec. 867
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Cal. Rule Crt, rule 3.811(b)(1), (6) & (7) - equitable releif and not amenable to arbitration/mediation.
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Westlands Water District
19CECG03887
DEFENDANT/RESPONDENT: All Persons Interested, etc.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Westlands Water District
19CECG03887
DEFENDANT/RESPONDENT: All Persons Interested, etc.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Renewed motion for validation of contract to be filed by the District once the Court resumes civil operations.
16. Discovery
a. The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Record case so no discovery.
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Westlands Water District
19CECG03887
DEFENDANT/RESPONDENT: All Persons Interested, etc.
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain): Counsel for the District and counsel for Defendants Central Delta Water Agency and
South Delta Water Agency have genereally discussed this matter.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): 1
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: May 1, 2020
William T. Chisum /s/ William T. Chisum
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
Westlands Water District v. All Persons Interested
Case No. 19CECG03887
Case Management Statement – Attachment 4(b):
Through this action, Plaintiff Westlands Water District ("District") seeks a validation judgment,
pursuant to Code of Civil Procedure section 860, et seq., which confirms the proceedings that
authorized execution of the converted repayment contract it negotiated and executed with the U.S.
Bureau of Reclamation. The deadline for filing any response was December 16, 2019. Four
answers were filed on behalf of various entities, but the District disputes the timelineness of three
of the answers filed by Defendants North Coast Rivers Alliance ("NCRA"), et al., California Water
Impact Network ("CWIN"), et al., and the Counties of San Joaquin and Trinity ("Counties").
The District filed a motion for validation judgment in December of 2019. Upon briefing and oral
argument, Judge Simpson issued an order on March 16, 2020, denying the motion, in part, since
(1) an executed converted repayment contract was not before the Court, and (2) the Cout did not
have all of the information before it to conclude that the District complied with the Ralph M.
Brown Act. Judge Simpson also rejected the answers filed by NCRA, CWIN, and the Counties as
untimely.
The Bureau of Reclamation and the District have now fully executed the converted repayment
contract, and the District intends to present it to the Court as part of a renewed motion for validation
judgment. The District intends to file this motion once the Court resumes civil operations. The
resolution of the motion will dictate further proceedings in this action. Additionally, NRCA,
CWIN, and the Counties have each filed separate notices of appeal challengeing the Court's
rejection of their answers.
Case Management Statement - Attachment 8:
Additional Counsel representing Plaintiff Westlands Water District:
DOUGLAS S. BROWN, State Bar No. 123807
dbrown@sycr.com
DAVID C. PALMER, State Bar No. 251609
dpalmer@sycr.com
STRADLING YOCCA CARLSON & RAUTH
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Telephone: (949) 725-4000/Facsimile: (949) 725-4100
JON D. RUBIN, State Bar No. 196944
jrubin@wwd.ca.gov
General Counsel, Westlands Water District
400 Capitol Mall, 28th Floor
Sacramento, California 95814
Telephone: (916) 321-4207/Facsimile: (559) 241-6277
1948440.2 2010-100 6
1 PROOF OF SERVICE
2 Case No. 19CECG03887
3 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
4 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Sacramento, State of California. My business address is 400 Capitol
5 Mall, 27th Floor, Sacramento, CA 95814.
6 On May 1, 2020, I served true copies of the following document(s) described as CASE
MANAGEMENT STATEMENT on the interested parties in this action as follows:
7
SEE ATTACHED SERVICE LIST
8
BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s)
9 to be sent from e-mail address dclark@kmtg.com to the persons at the e-mail addresses listed in the
Service List. I did not receive, within a reasonable time after the transmission, any electronic
10 message or other indication that the transmission was unsuccessful.
11 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
12
Executed on May 1, 2020, at Sacramento, California.
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16 Deborah Clark
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1 SERVICE LIST
2 Case No. 19CECG03887
3
4 Attorneys for Plaintiff Attorneys for Plaintiff
WESTLANDS WATER DISTRICT WESTLANDS WATER DISTRICT
5
Douglas S. Brown Jon D. Rubin, General Counsel
6 dbrown@sycr.com jrubin@wwd.ca.gov
David C. Palmer WESTLANDS WATER DISTRICT
7 dpalmer@sycr.com 400 Capitol Mall, 28th Floor
STRADLING YOCCA CARLSON & RAUTH Sacramento, CA 95814
8 660 Newport Center Drive, Suite 1600 Telephone: (916) 321-4207
Newport Beach, CA 92660
9 Telephone: (949) 725-4000
10 Attorneys for Defendants Attorneys for Defendants
ALL PERSONS INTERESTED ALL PERSONS INTERESTED
11 Central Delta Water Agency and Central Delta Water Agency and
South Delta Water Agency South Delta Water Agency
12
S. Dean Ruiz Dante John Nomellini
13 dean@mohanlaw.net ngmplcs@pacbell.net
MOHAN, HARRIS, RUIZ, & RUBINO, LLP Dante John Nomellini, Jr.
14 3439 Brookside Road, Suite 208 dantejr@pacbell.net
Stockton, CA 95219 NOMELLINI, GRILLI & McDANIEL
15 Telephone: (209) 957-0660 235 East Weber Avenue
Stockton, CA 95202
16 Telephone: (209) 465-5883
17 Attorneys for Defendants Attorneys for Defendants
ALL PERSONS INTERESTED ALL PERSONS INTERESTED
18 South Delta Water Agency North Coast Rivers Alliance, Winnemem
Wintu Tribe, California Sportfishing
19 John H. Herrick Protection Alliance, Institute for Fisheries
jherrlaw@aol.com Resources, Pacific Coast Federation of
20 LAW OFFICE OF JOHN H. HERRICK Fishermen's Associations, and San Francisco
1806 W. Kettleman Lane, Suite L Crab Boat Owners Association
21 Lodi, CA 95242
Telephone: (209) 224-5854 Stephan C. Volker
22 svolker@volkerlaw.com
Alexis E. Krieg
23 akrieg@volkerlaw.com
Stephanie L. Clarke
24 sclarke@volkerlaw.com
Jamey M.B. Volker
25 jvolker@volkerlaw.com
LAW OFFICES OF STEPHAN C. VOLKER
26 1633 University Avenue
Berkeley, CA 94703
27 Telephone: (510) 496-0600
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1 Attorneys for Defendants Attorneys for Defendants
ALL PERSONS INTERESTED ALL PERSONS INTERESTED
2 County of San Joaquin and County of County of San Joaquin and County of
Trinity Trinity
3
Roger B. Moore Thomas H. Keeling
4 rbm@landwater.com tkeeling@freemanfirm.com
LAW OFFICE OF ROGER B. MOORE FREEMAN FIRM
5 337 17th Street, Suite 211 1818 Grand Canal Boulevard, Suite 4
Oakland, CA 94612 Stockton, CA 95207
6 Telephone: (510) 548-1401 Telephone: (209) 474-1818
7 Attorneys for Defendants Attorneys for Defendants
ALL PERSONS INTERESTED ALL PERSONS INTERESTED
8 County of San Joaquin County of Trinity
9 James Mark Myles Margaret E. Long
jmyles@sjgov.org margaret@plelawfirm.com
10 Office of the County Counsel PRENTICE, LONG AND EPPERSON, PC
COUNTY OF SAN JOAQUIN 2240 Court Street
11 44 N. San Joaquin Street, Suite 679 Redding, CA 96001-2528
Stockton, CA 95202 Telephone: (530) 691-0800
12 Telephone: (209) 468-2980
13 Attorneys for Defendants Attorneys for Defendants
ALL PERSONS INTERESTED ALL PERSONS INTERESTED
14 California Water Impact Network, Center for Biological Diversity
AquAlliance, California Indian Water
15 Commission, and Planning and John Buse
Conservation League jbuse@biologicaldiversity.org
16 Ross Middlemiss
Adam Keats rmiddlemiss@biologicaldiversity.org
17 adam@keatslaw.org CENTER FOR BIOLOGICAL DIVERSITY
LAW OFFICE OF ADAM KEATS 1212 Broadway, Suite 800
18 303 Sacramento Street, Second Floor Oakland, CA 94612
San Francisco, CA 94111 Telephone: (510) 844-7100
19 Telephone: (415) 845-2509
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Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Daniel J. O'Hanlon, SBN 122380/ William T. Chisum, SBN 142580 Kronick, Moskovitz, Tiedemann & Girard E-FILED 400 Capitol Mall, 27th Floor 5/4/2020 11:21 AM Sacramento, CA 95814 Superior Court of California TELEPHONE NO.: 916-321-4500 FAX NO. (Optional): 916-321-4555 County of Fresno E-MAIL ADDRESS (Optional): dohanlon@kmtg.com/wchisum@kmtg.com By: K. Leal, Deputy ATTORNEY FOR (Name): Plaintiff Westlands Water District SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1130 O Street MAILING ADDRESS: Fresno, CA CITY AND ZIP CODE: 93721 BRANCH NAME:Sisk Courthouse PLAINTIFF/PETITIONER: Westlands Water District DEFENDANT/RESPONDENT: All Persons Interested, etc. CASE MANAGEMENT STATEMENT CASE NUMBER: 19CECG03887 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 14, 2020 Time: 3:30 p.m. Dept.: 402 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff Westlands Water District. b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): October 25, 2019 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Complaint for Validation Judgment Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Westlands Water District 19CECG03887 DEFENDANT/RESPONDENT: All Persons Interested, etc. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) See Attachment 4(b) (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): b. hours (short causes) (specify): 1-2 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): CCP sec. 867 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Cal. Rule Crt, rule 3.811(b)(1), (6) & (7) - equitable releif and not amenable to arbitration/mediation. CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Westlands Water District 19CECG03887 DEFENDANT/RESPONDENT: All Persons Interested, etc. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Westlands Water District 19CECG03887 DEFENDANT/RESPONDENT: All Persons Interested, etc. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Renewed motion for validation of contract to be filed by the District once the Court resumes civil operations. 16. Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Record case so no discovery. c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Westlands Water District 19CECG03887 DEFENDANT/RESPONDENT: All Persons Interested, etc. 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): Counsel for the District and counsel for Defendants Central Delta Water Agency and South Delta Water Agency have genereally discussed this matter. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: May 1, 2020 William T. Chisum /s/ William T. Chisum (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com Westlands Water District v. All Persons Interested Case No. 19CECG03887 Case Management Statement – Attachment 4(b): Through this action, Plaintiff Westlands Water District ("District") seeks a validation judgment, pursuant to Code of Civil Procedure section 860, et seq., which confirms the proceedings that authorized execution of the converted repayment contract it negotiated and executed with the U.S. Bureau of Reclamation. The deadline for filing any response was December 16, 2019. Four answers were filed on behalf of various entities, but the District disputes the timelineness of three of the answers filed by Defendants North Coast Rivers Alliance ("NCRA"), et al., California Water Impact Network ("CWIN"), et al., and the Counties of San Joaquin and Trinity ("Counties"). The District filed a motion for validation judgment in December of 2019. Upon briefing and oral argument, Judge Simpson issued an order on March 16, 2020, denying the motion, in part, since (1) an executed converted repayment contract was not before the Court, and (2) the Cout did not have all of the information before it to conclude that the District complied with the Ralph M. Brown Act. Judge Simpson also rejected the answers filed by NCRA, CWIN, and the Counties as untimely. The Bureau of Reclamation and the District have now fully executed the converted repayment contract, and the District intends to present it to the Court as part of a renewed motion for validation judgment. The District intends to file this motion once the Court resumes civil operations. The resolution of the motion will dictate further proceedings in this action. Additionally, NRCA, CWIN, and the Counties have each filed separate notices of appeal challengeing the Court's rejection of their answers. Case Management Statement - Attachment 8: Additional Counsel representing Plaintiff Westlands Water District: DOUGLAS S. BROWN, State Bar No. 123807 dbrown@sycr.com DAVID C. PALMER, State Bar No. 251609 dpalmer@sycr.com STRADLING YOCCA CARLSON & RAUTH 660 Newport Center Drive, Suite 1600 Newport Beach, California 92660 Telephone: (949) 725-4000/Facsimile: (949) 725-4100 JON D. RUBIN, State Bar No. 196944 jrubin@wwd.ca.gov General Counsel, Westlands Water District 400 Capitol Mall, 28th Floor Sacramento, California 95814 Telephone: (916) 321-4207/Facsimile: (559) 241-6277 1948440.2 2010-100 6 1 PROOF OF SERVICE 2 Case No. 19CECG03887 3 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 4 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Sacramento, State of California. My business address is 400 Capitol 5 Mall, 27th Floor, Sacramento, CA 95814. 6 On May 1, 2020, I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: 7 SEE ATTACHED SERVICE LIST 8 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) 9 to be sent from e-mail address dclark@kmtg.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic 10 message or other indication that the transmission was unsuccessful. 11 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 12 Executed on May 1, 2020, at Sacramento, California. 13 14 15 16 Deborah Clark 17 18 19 20 21 22 23 24 25 26 27 28 7 1 SERVICE LIST 2 Case No. 19CECG03887 3 4 Attorneys for Plaintiff Attorneys for Plaintiff WESTLANDS WATER DISTRICT WESTLANDS WATER DISTRICT 5 Douglas S. Brown Jon D. Rubin, General Counsel 6 dbrown@sycr.com jrubin@wwd.ca.gov David C. Palmer WESTLANDS WATER DISTRICT 7 dpalmer@sycr.com 400 Capitol Mall, 28th Floor STRADLING YOCCA CARLSON & RAUTH Sacramento, CA 95814 8 660 Newport Center Drive, Suite 1600 Telephone: (916) 321-4207 Newport Beach, CA 92660 9 Telephone: (949) 725-4000 10 Attorneys for Defendants Attorneys for Defendants ALL PERSONS INTERESTED ALL PERSONS INTERESTED 11 Central Delta Water Agency and Central Delta Water Agency and South Delta Water Agency South Delta Water Agency 12 S. Dean Ruiz Dante John Nomellini 13 dean@mohanlaw.net ngmplcs@pacbell.net MOHAN, HARRIS, RUIZ, & RUBINO, LLP Dante John Nomellini, Jr. 14 3439 Brookside Road, Suite 208 dantejr@pacbell.net Stockton, CA 95219 NOMELLINI, GRILLI & McDANIEL 15 Telephone: (209) 957-0660 235 East Weber Avenue Stockton, CA 95202 16 Telephone: (209) 465-5883 17 Attorneys for Defendants Attorneys for Defendants ALL PERSONS INTERESTED ALL PERSONS INTERESTED 18 South Delta Water Agency North Coast Rivers Alliance, Winnemem Wintu Tribe, California Sportfishing 19 John H. Herrick Protection Alliance, Institute for Fisheries jherrlaw@aol.com Resources, Pacific Coast Federation of 20 LAW OFFICE OF JOHN H. HERRICK Fishermen's Associations, and San Francisco 1806 W. Kettleman Lane, Suite L Crab Boat Owners Association 21 Lodi, CA 95242 Telephone: (209) 224-5854 Stephan C. Volker 22 svolker@volkerlaw.com Alexis E. Krieg 23 akrieg@volkerlaw.com Stephanie L. Clarke 24 sclarke@volkerlaw.com Jamey M.B. Volker 25 jvolker@volkerlaw.com LAW OFFICES OF STEPHAN C. VOLKER 26 1633 University Avenue Berkeley, CA 94703 27 Telephone: (510) 496-0600 28 8 1 Attorneys for Defendants Attorneys for Defendants ALL PERSONS INTERESTED ALL PERSONS INTERESTED 2 County of San Joaquin and County of County of San Joaquin and County of Trinity Trinity 3 Roger B. Moore Thomas H. Keeling 4 rbm@landwater.com tkeeling@freemanfirm.com LAW OFFICE OF ROGER B. MOORE FREEMAN FIRM 5 337 17th Street, Suite 211 1818 Grand Canal Boulevard, Suite 4 Oakland, CA 94612 Stockton, CA 95207 6 Telephone: (510) 548-1401 Telephone: (209) 474-1818 7 Attorneys for Defendants Attorneys for Defendants ALL PERSONS INTERESTED ALL PERSONS INTERESTED 8 County of San Joaquin County of Trinity 9 James Mark Myles Margaret E. Long jmyles@sjgov.org margaret@plelawfirm.com 10 Office of the County Counsel PRENTICE, LONG AND EPPERSON, PC COUNTY OF SAN JOAQUIN 2240 Court Street 11 44 N. San Joaquin Street, Suite 679 Redding, CA 96001-2528 Stockton, CA 95202 Telephone: (530) 691-0800 12 Telephone: (209) 468-2980 13 Attorneys for Defendants Attorneys for Defendants ALL PERSONS INTERESTED ALL PERSONS INTERESTED 14 California Water Impact Network, Center for Biological Diversity AquAlliance, California Indian Water 15 Commission, and Planning and John Buse Conservation League jbuse@biologicaldiversity.org 16 Ross Middlemiss Adam Keats rmiddlemiss@biologicaldiversity.org 17 adam@keatslaw.org CENTER FOR BIOLOGICAL DIVERSITY LAW OFFICE OF ADAM KEATS 1212 Broadway, Suite 800 18 303 Sacramento Street, Second Floor Oakland, CA 94612 San Francisco, CA 94111 Telephone: (510) 844-7100 19 Telephone: (415) 845-2509 20 21 22 23 24 25 26 27 28 9