Preview
MARCIA L. SCULLY, State Bar No. 080648 EXEMPT FROM FILING FEES
mscully@mwdh20.com PURSUANT TO GOV. CODE,
REBECCA D. SHEEHAN, State Bar No. 201596 § 6103(a)
rsheehan@mwdh2o0.com
ROBERT C. HORTON, State Bar No. 235187
rhorton@mwdh2o0.com
JOHN D. SCHLOTTERBECK, State Bar No. 169263
jschlotterbeck@mwdh20.com
STEFANIE D. MORRIS, State Bar No. 239787
smorris@mwdh2o0.com
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
700 North Alameda Street
Los Angeles, CA 90012-2944
Mailing address: P.O. Box 54153
Los Angeles, CA 90054-0153
Telephone: (916) 650-2607
Facsimile: (213) 217-6890
10
Attorneys for Petitioner and Plaintiff
11 THE METROPOLITAN WATER DISTRICT RECEIVED
OF SOUTHERN CALIFORNIA 8/25/2020 4:47 PM
12 FRESNO COUNTY SUPERIOR COURT
Additional Counsel Listed on Following Page By: S. Garcia, Deputy
13
14 SUPERIOR COURT OF CALIFORNIA
15 COUNTY OF FRESNO
THE METROPOLITAN WATER Case No. 20CECG01347
16
DISTRICT OF SOUTHERN
CALIFORNIA, MOJAVE WATER STIPULATION AND [PROPOSED]
17
AGENCY, COACHELLA VALLEY ORDER RE ADMINISTRATIVE
WATER DISTRICT, SAN GORGONIO RECORD; RESPONSIVE PLEADING;
18
PASS WATER AGENCY, and AND ELECTRONIC SERVICE OF
MUNICIPAL WATER DISTRICT OF DOCUMENTS
19
ORANGE COUNTY
Judge: Hon. Jeffrey Hamilton
20 Petitioner/Plaintiff,
Dept: 501
v Hearing: First CMC Sept. 16, 2020
21
Action Filed: E-filed April 28, 2020
CALIFORNIA DEPARTMENT OF FISH
Filed by the clerk May 4, 2020
22 AND WILDLIFE, CALIFORNIA
DEPARTMENT OF WATER
23 RESOURCES and DOES 1| through 100,
Respondents/Defendants/
24
Real Parties in Interest.
25 CALIFORNIA NATURAL RESOURCES
AGENCY and ROES | through 100,
26
Real Parties in Interest.
27
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
THOMAS LAW GROUP
TINA A. THOMAS, State Bar No. 088796
tthomas@thomaslaw.com
AMY R. HIGUERA, State Bar No. 232876
ahiguera@thomaslaw.com
CHRISTOPHER J. BUTCHER, State Bar No. 253285
cbutcher@thomaslaw.com
455 Capitol Mall, Suite 801
Sacramento, California 95814
Tel (916) 287-9292 Fax (916) 737-5858
Attorneys for Petitioner and Plaintiff
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
ANDRADE GONZALEZ LLP
SEAN A. ANDRADE, State Bar No. 223591
sandrade@andradefirm.com
HENRY H. GONZALEZ, State Bar No. 208419
10 hgonzalez@andradefirm.com
ERIC D. MASON, State Bar No. 259233
11 emason@andradefirm.com
634 South Spring Street, Top Floor
12 Los Angeles, CA 90014
Telephone: (213) 986-3950
13 Facsimile: (213) 995-9696
Attorneys for Petitioner and Plaintiff
14 THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
15
WILLIAM J. BRUNICK, State Bar No. 046289
16 bbrunick@bmklawplc.com
LELAND P. McELHANEY, State Bar No. 039257
17 Imcelhaney@bmklawplc.com
BRUNICK, McELHANEY & KENNEDY, PLC
18 1839 Commercenter West
P.O. Box 13130
19 San Bernardino, California 92423-3130
Telephone: (909) 889-8301
20 Facsimile: (909) 388-1889
Attorneys for Petitioner and Plaintiff
21 MOJAVE WATER AGENCY
22 REDWINE AND SHERRILL, LLP
STEVEN B. ABBOTT, State Bar No. 125270
23 sabbott@redwineandsherrill.com
3890 11th St Ste 207
24 Riverside, CA 92501-3577
Telephone: (951) 684-2520
25 Facsimile: (951) 684-5491
26 Attorneys for Petitioner and Plaintiff
COACHELLA VALLEY WATER DISTRICT
27
BEST BEST & KRIEGER LLP
28 CHRISTOPHER M. PISANO, State Bar No. 192831
2
STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
christopher.pisano@bbklaw.com
CHARITY B. SCHILLER, State Bar No. 234291
charity.schiller@bbklaw.com
PATRICK D. SKAHAN, State Bar No. 286140
patrick.skahan@bbklaw.com
300 South Grand Avenue
25th Floor
Los Angeles, CA 90071
Telephone: (213) 617-7492
Facsimile: (213) 617-7480
Attorneys for Petitioner and Plaintiff
SAN GORGONIO PASS WATER AGENCY
BEST BEST & KRIEGER LLP
JOSEPH P. BYRNE, State Bar No. 190365
joseph.byrne@bbklaw.com
CHRISTOPHER M. PISANO, State Bar No. 192831
10 christopher.pisano@bbklaw.com
CHARITY B. SCHILLER, State Bar No. 234291
11 charity.schiller@bbklaw.com
PATRICK D. SKAHAN, State Bar No. 286140
12 patrick.skahan@bbklaw.com
300 South Grand Avenue
13 25th Floor
Los Angeles, CA 90071
14 Telephone: (213) 617-7492
Facsimile: (213) 617-7480
15
Attorneys for Petitioner
16 MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
WHEREAS, Petitioners and Plaintiffs The Metropolitan Water District of Southern
California (“Metropolitan”), Mojave Water Agency (“Mojave”), Coachella Valley Water District
(“Coachella”) and San Gorgonio Pass Water Agency (“San Gorgonio”), and petitioner Municipal
Water District of Orange County (“MWDOC”) (collectively, “Petitioners” or “Plaintiffs”) have
filed a First Amended Petition for Writ of Mandate and Complaint (‘Petition and Complaint”) in
the above-captioned action against Respondent, Defendant, and Real Party in Interest California
Department of Water Resources (“DWR”), Respondent and Real Party in Interest California
Department of Fish and Wildlife (“CDFW”) (DWR and CDFW collectively, “Respondents”), and
Real Party in Interest California Natural Resources Agency (“CNRA”) (collectively, Petitioners,
10 Respondents, and CNRA are referred to herein as the “Parties”); and
11 WHEREAS, Petitioners allege various claims in their Petition and Complaint, including but
12 not limited to claims that Respondents violated the California Environmental Quality Act
13 (“CEQA”) and the California Endangered Species Act (“CESA”); and
14 WHEREAS, Petitioners filed and served an Election to Prepare the Administrative Record
15 (“Election”) pursuant to Public Resources Code section 21167.6, subdivision (b)(2), which is
16 applicable to DWR’s CEQA administrative record and CDFW’s CEQA administrative record; and
17 WHEREAS, this case will involve preparation of administrative records for CDFW’s and
18 DWR’s actions challenged under CEQA and CESA; and
19 WHEREAS, seven other related cases have been filed by twenty-nine petitioners in four
20 different superior courts, including three other cases in Fresno County Superior Court, two in San
21 Francisco County Superior Court, one in Alameda County Superior Court, and one in Sacramento
22 County Superior Court; and
23 WHEREAS, pursuant to California Code of Civil Procedure section 404, et seq. and
24 California Rules of Court, rule 3.501 et seq., on June 15, 2020, Tehama-Colusa Canal Authority,
25 et al., petitioners in Tehama-Colusa Canal Authority, et al. v. California Department of Water
26 Resources, et al. (Fresno County Superior Court, Case No. 20CECG01303), submitted a Petition
27 for Coordination with the Judicial Council seeking to coordinate the eight related cases, and the
28 following day, DWR, which is a party in each of the eight related cases, also submitted a Petition
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
for Coordination with the Judicial Council; and
WHEREAS, no party has indicated opposition to coordination to date, and Petitioners and
Respondents anticipate that the cases will be coordinated, and that the judge assigned to the
coordinated actions will resolve any issues arising from multiple elections to prepare the CEQA
administrative record(s) for the same public agency decisions; and
WHEREAS, there is thus uncertainty as to the timeline by which, or whether, Petitioners
must provide detailed document indexes to all parties pursuant to Fresno Local Rule 2.11.3.B; and
WHEREAS, Public Resources Code section 21167.6, subdivision (c) provides that the
public agency shall prepare the record within 60 days of a request to prepare the record being served
10 upon it; in this case, Petitioners elected to prepare the administrative record, and it is Respondents’
11 position that service of that election was effectuated on DWR and CDFW on June 8, 2020, and
12 therefore the Parties calculate the record’s completion date from that date; and
13 WHEREAS, DWR and CDFW are working expeditiously to assemble the documents that
14 will comprise their respective administrative records; however, Petitioners and Respondents also
15 anticipate that the size of the CEQA administrative record(s) in this action make compliance with
16 the time limits set forth in Public Resources Code section 21167.6 and, if applicable, Fresno Local
17 Rule 2.11.3, infeasible; and
18 WHEREAS, Public Resources Code section 21167.6, subdivision (c) states that the time
19 limits set forth therein “may be extended only upon the stipulation of all parties who have been
20 properly served in the action or proceeding or upon order of the court;” and
21 WHEREAS, Public Resources Code section 21167.6, subdivision (c) further states that
22 “Te]xtensions shall be liberally granted by the court when the size of the record of proceedings
23 renders infeasible compliance with that time limit;” and
24 WHEREAS, for the reasons identified above, Petitioners and Respondents agree that
25 additional time is needed to complete the preparation and certification of the CEQA and CESA
26 administrative records; and
27 WHEREAS, Petitioners have filed a First Amended Petition for Writ of Mandate and
28 Complaint (First Amended Petition and Complaint), and there is disagreement among the Parties
5
STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
as to the applicable due date for DWR and CNRA to respond to Plaintiffs’ non-mandamus causes
of action; and
WHEREAS, DWR and CNRA’s position is that the timing of the responsive pleading is
governed by Code of Civil Procedure section 1089.5, but nonetheless wish to attempt to resolve
this matter informally, the Parties wish to stay the time for responsive pleadings to the non-
mandamus causes of action for thirty (30) days from September 4, 2020, the date Petitioners
contend the responsive pleading is due, during which time the Parties will seek to reach agreement
and enter into a further stipulation to clarify when responsive pleadings will be filed in response to
the various claims contained in the Petition, or ask the Court to resolve the issue; and
10 WHEREAS, Petitioners and Respondents further desire to agree to electronic service in the
11 above-captioned action; and
12 WHEREAS, Code of Civil Procedure section 1010.6 and California Rules of Court, Rule
13 2.251 state that parties may agree to accept electronic service by serving a notice on all parties and
14 other persons that the party or other person accepts electronic service and filing the notice with the
15 court.
16 IT IS THEREFORE STIPULATED by and among Petitioners, Respondents, and Real Parties in
17 Interest that:
18 1 The deadline by which the CEQA administrative records in this action must be certified
19 shall be extended to October 6, 2020.
20 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare and
21 serve on all parties a detailed document index listing the documents proposed by Petitioners to
22 constitute the administrative record shall similarly be extended to October 6, 2020.
23 3. To the extent it applies, DWR’s and CNRA’s deadline to file responsive pleadings to the
24 non-mandamus causes of action is stayed for thirty (30) days from September 4, 2020, during which
25 time the parties shall work to reach agreement and enter into a further stipulation to clarify when
26 responsive pleadings will be filed or present the issue to the Court.
27 4. Petitioners, Respondents, and Real Parties in Interest stipulate and consent to accept
28 electronic service of filings and other documents in the above-captioned matter, pursuant to Code
6
STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
of Civil Procedure section 1010.6 and California Rules of Court, Rule 2.251. This stipulation shall
apply only to the service of documents between the undersigned parties. Documents required to be
filed with the Court must be filed as required by the Code of Civil Procedure, the California Rules
of Court, and the Fresno Local Rules. Service made pursuant to this stipulation shall be addressed
to each email address listed below for the party and counsel identified:
a. Attorneys for Petitioner and Plaintiff The Metropolitan Water District of Southern
California:
. Marcia L. Scully — mscully@mwdh20.com
. Rebecca D. Sheehan — rsheehan@mwdh2o0.com
10 Robert C. Horton — rhorton@mwdh20.com
11 John D. Schlotterbeck — jschlotterbeck@mwdh20.com
12 Stefanie D. Morris — smorris@mwdh20.com
13 Tina A. Thomas — tthomas@thomaslaw.com
14 Amy R. Higuera — ahiguera@thomaslaw.com
15 Christopher J. Butcher — cbutcher@thomaslaw.com
16 Sean A. Andrade — sandrade@andradefirm.com
17 . Henry H. Gonzalez — hgonzalez@andradefirm.com
18 . Eric D. Mason — emason@andradefirm.com
19 Attorneys for Petitioner and Plaintiff Mojave Water Agenc
20 . William J. Brunick — bbrunick@bmklawplce.com
21 . Leland P. McElhaney - Imcelhaney@bmklawplc.com
22 Attorney for Petitioner and Plaintiff Coachella Valley Water District:
23 . Steven B. Abbott — sabbott@redwineandsherrill.com
24 Attorneys for Petitioner and Plaintiff San Gorgonio Pass Water Agenc
25 . Christopher M. Pisano — christopher.pisano@bbklaw.com
26 . Charity B. Schiller — charity.schiller@bbklaw.com
27 . Patrick D. Skahan — patrick.skahan@bbklaw.com
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Attorneys for Petitioner and Plaintiff Municipal Water District of Orange County:
. Christopher M. Pisano — christopher.pisano@bbklaw.com
. Charity B. Schiller — charity.schiller@bbklaw.com
. Patrick D. Skahan — patrick.skahan@bbklaw.com
Attorneys for Respondent and Real Party in Interest California Department of Fish
and Wildlife:
. Carolyn Rowan — Carolyn.Rowan@doj.ca.gov
. Allison Goldsmith — Allison.Goldsmith@doj.ca.gov
. Randy Barrow — Randy.Barrow@doj.ca.gov
10 Attorneys for Respondent, Defendant, and Real Party in Interest California
11 Department of Water Resources:
12 . William N. Jenkins — William.Jenkins@doj.ca.gov
13 . Eric M. Katz — Eric.Katz@doj.ca.gov
14 Stephen Sunseri — Stephen.Sunseri@doj.ca.gov
15 James G. Moose - jmoose@rmmenvirolaw.com
16 Christopher L. Stiles - cstiles@rmmenvirolaw.com
17
18 Attorneys for Real Party in Interest the California Natural Resources Agency:
19 . William N. Jenkins — William.Jenkins@doj.ca.gov
20 . Eric M. Katz — Eric.Katz@doj.ca.gov
21 4. This stipulation may be executed in counterpart originals, by facsimile, or by electronic
22 signature, each of which shall be deemed to be an original, and all of which shall constitute one and
23 the same document.
24 IT IS SO STIPULATED.
25 [Signatures on Following Page]
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Dated: August 2+], 2020 THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CA RNI
By
MAKCIA L LY
REBECCA D. SHEEHAN
JOHN D. SCHLOTTERBECK
ROBERT C. HORTON
STEFANIE D. MORRIS
Attorneys For Petitioner/Plaintiff
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
Dated August, 2020 THOMAS LAW GROUP
10
ll
By: cnn DE
TINA A. THOMAS”
oot
AMY R. HIGUERA
12 CHRISTOPHER J. BUTCHER
Attorneys For Petitioner/Plaintiff
13 THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
14 CALIFORNIA
5
16 Dated August __, 2020 ANDRADE GONZALEZ LLP
17
By:
18 SEAN A. ANDRADE
Attorneys For Petitioner/Plaintiff
19 THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
20 CALIFORNIA
21
22; Dated AugustZ{ , 2020 BRUNICK, McELHANEY & KENNEDY,
PLC
23
24 By ope
ILLIAM J. BRUNICK
25 LELAND P. McELHANEY
Attorneys for Petitioner/Plaintiff
26 MOJAVE WATER AGENCY
27
28
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Dated: August , 2020 THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By:
MARCIA L. SCULLY
REBECCA D. SHEEHAN
JOHN D. SCHLOTTERBECK.
ROBERT C. HORTON
STEFANIE D. MORRIS
Attorneys For Petitioner/Plaintiff
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
Dated August , 2020 THOMAS LAW GROUP
10
By:
11 TINA A. THOMAS
AMY R. HIGUERA
12 CHRISTOPHER J. BUTCHER
Attorneys For Petitioner/Plaintiff
13 THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
14 CALIFORNIA
15
16 Dated August 25 , 2020 ANDRADE GONZALEZ jp
17
18
By:
- AM
SEAN A. ANDRADE
Attorneys For Petitioner/Plaintiff
19 THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
20 CALIFORNIA
21
22 Dated August , 2020 BRUNICK, McELHANEY & KENNEDY,
PLC
23
24 By:
WILLIAM J. BRUNICK
25 LELAND P. McELHANEY
Attorneys for Petitioner/Plaintiff
26 MOJAVE WATER AGENCY
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Dated August 2), 2020 REDWINE AND SHERRILL LLP
By: BR Qe
STEVEN B. ABBOTT
Attorneys for Petitioner/Plaintiff
COACHELLA VALLEY WATER
DISTRICT
Dated August __, 2020 BEST BEST & KRIEGER, LLP
B
CHRISTOPH ER M. PISANO
10 Attorneys for Petitioner
SAN GORGONIO PASS WATER
I AGENCY
12
Dated August 2020 BEST BEST & KRIEGER, LLP
13
14 B
15
‘CHRISTOPHER M. PISANO
Attorneys for Petitioner
MUNICIPAL WATER DISTRICT OF
16 ORANGE COUNTY
17
18 Dated August , 2020 OFFICE OF THE ATTORNEY GENERAL,
19
By:
20 XAVIER BECERRA
CAROLYN NELSON ROWAN
21 Attorneys For Respondent/Real Party in
Interest
22
CALIFORNIA DEPARTMENT OF FISH
AND WILDLIFE
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Dated August __, 2020 REDWINE AND SHERRILL LLP
By:
STEVEN B. ABBOTT
Attorneys for Petitioner/Plaintiff
COACHELLA VALLEY WATER
DISTRICT
Dated August 25, 2020 BEST BEST & KRIEGER, LLP
Ay gee
B
“CHRISTOPHER M. PISANO
10 Attorneys for Petitioner
SAN GORGONIO PASS WATER
11 AGENCY
12
Dated August 25, 2020 BEST BEST & KRIEGER, LLP
13
ry giao.
14 By:
CHRISTOPHER M. PISANO
15 Attorneys for Petitioner
MUNICIPAL WATER DISTRICT OF
16 ORANGE COUNTY
17
18 Dated August , 2020 OFFICE OF THE ATTORNEY GENERAL
19
By:
20 XAVIER BECERRA
CAROLYN NELSON ROWAN
21 Attorneys For Respondent/Real Party in
Interest
22 CALIFORNIA DEPARTMENT OF FISH
AND WILDLIFE
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25
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Dated August __, 2020 REDWINE AND SHERRILL LLP
By:
STEVEN B. ABBOTT
Attorneys for Petitioner/Plaintiff
COACHELLA VALLEY WATER
DISTRICT
Dated August __, 2020 BEST BEST & KRIEGER, LLP
B
10
‘CHRISTOPHER M. PISANO
Attorneys for Petitioner
SAN GORGONIO PASS WATER
ll AGENCY
12
Dated August __, 2020 BEST BEST & KRIEGER, LLP
13
14 By:
CHRISTOPHER M. PISANO
15 Attorneys for Petitioner
MUNICIPAL WATER DISTRICT OF
16 ORANGE COUNTY
17
18 Dated August _ , 2020 OFFICE OF THE ATTORNEY GENERAL
Carolyn Nelson Digitally signed by Carolyn
19
cs son Rowan
By:_Rowan Date: 2020.08.24 14:19:08 -07'00'
20 XAVIER BECERRA
CAROLYN NELSON ROWAN
21 Attorneys For Respondent/Real Party in
Interest
22 CALIFORNIA DEPARTMENT OF FISH
AND WILDLIFE
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
Dated August _ , 2020 OFFICE OF THE ATTORNEY GENERAL
Digitally signed by William
William Jenkins senins
Date: 2020.08.24 12:04:27 -07'00"
By:
XAVIER BECERRA
WILLIAM N. JENKINS
Attorneys For Respondent/Defendant/Real
Party in Interest
CALIFORNIA DEPARTMENT OF
WATER RESOURCES and Real Party in
Interest CALIFORNIA NATURAL
RESOURCES AGENCY
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STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE
[PROPOSED] ORDER
1 The deadline by which the CEQA administrative records in this action must be
certified shall be extended to October 6, 2020.
2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare
and serve on all parties a detailed document index listing the documents proposed by Petitioners to
constitute the administrative record shall similarly be extended to October 6, 2020.
3 To the extent it applies, DWR’s and CNRA’s deadline to file responsive pleadings
to the non-mandamus causes of action is stayed for thirty (30) days from September 4, 2020, after
which time, the Parties will seek to reach agreement on and submit a further stipulation as to
10 responsive pleading due dates, or present the issue to the Court.
11 DATED: August , 2020
12
13
HONORABLE JEFFREY HAMILTON
14 JUDGE OF THE SUPERIOR COURT
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-1-
The Metropolitan Water District of Southern California et al. v. California Department of Fish and
Wildlife, et al. Fresno County Superior Court Case No. 20CECG01347
PROOF OF SERVICE
Tamaresident
of the United States, employed
in the City and County of Sacramento. My
business address is 455 Capitol Mall, Suite 801, Sacramento, Califomia 95814. I am over the age of 18
years and not a party
to the above-entitled action.
On August 25, 2020, I served the following:
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD;
RESPONSIVE PLEADING; AND ELECTRONIC SERVICE OF DOCUMENTS
On the partiesin this action by causing a true copy thereof to be placed in a sealed envelope
with postage thereon fully prepaid in the designated area for outgoing mail addressed as
10 follows; and or
11 On the parties
in this action by causing a true copy thereof to be delivered via Federal Express
to the following person(s) or their representative at the address(es) listed below; or
12
13 On the parties
in this action by causing a true copy thereof to be delivered by facsimile
machine number (916) 737-5858 to the following person(s) or their representative at the
14 address(es) and facsimile number(s) listed below; or
15 On the parties
in this action by causing a true copy thereof to be hand-delivered to the
following person(s) or representative at the address(es) listed below; or
16
17 On the parties
in this action by causing
a true copy thereof to be electronically delivered
via the
intemet to the following person(s) or representative at the address(es) listed below:
18
19 SEE ATTACHED SERVICE LIST
I declare
under penalty of perjury that the foregoing is true and correct and that this Proof of
20 Service was executed this 25th day of August 2020, at Sacramento, Califomia.
21
22 Palin Vib.
23 Stephanie Richburg
24
25
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PROOF OF SERVICE
The Metropolitan Water District of Southern California, et al. v. California Department of Fish and
Wildlife, et al. Fresno County Superior Court Case No. 20CECG01347
SERVICE LIST
Carolyn Nelson Rowan CALIFORNIA DEPARTMENT OF FISH
D General AND WILDLIFE
Carol \doj.ca.
Allison Goldsmith
D General
Allison.Goldsmith@doj.ca.gov
Barrow
Deputy Attomey General
OEECEOF arrow@doj.ca.gov
SEAT
OFFICE OF THE ATTORNEY GENERAL
1300 I Street, Room 1520-15
Sacramento, CA. 95814
10
William N. Jenkins CALIFORNIA DEPARTMENT OF WATER
11 D General RESOURCES
William,]enkins@doj.ca.gov
12 Eric M. Katz
Deputy Attomey General
13 Enc SS =
14 Dent Nona General
Sunsen@doj.ca.gov
15 OFFICE OF THE ATTORNEY GENERAL
1300 I Street, Room 1520-15
16 Sacramento, CA. 95814
17 JamesG. Moose
mmmenvirolaw.com
18 Christopher
L. Stiles
cstiles@mmmenvirolaw.com
19 REMY MOOSE MANLEY, LLP
555 Capitol Mall, Suite 800
20 Sacramento, CA. 95814
21 William N. Jenkins CALIFORNIA NATURAL RESOURCES
D General AGENCY
22 William,]enkins@doj.ca.gov
Eric M. Katz
23 Deputy Attomey General
Enic.Katz@doj.ca.gov
24 OFFICE OF THE ATTORNEY GENERAL
1300 I Street, Room 1520-15
25 Sacramento, CA. 95814
26
27
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PROOF OF SERVICE
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MARCIA L. SCULLY, State Bar No. 080648 EXEMPT FROM FILING FEES mscully@mwdh20.com PURSUANT TO GOV. CODE, REBECCA D. SHEEHAN, State Bar No. 201596 § 6103(a) rsheehan@mwdh2o0.com ROBERT C. HORTON, State Bar No. 235187 rhorton@mwdh2o0.com JOHN D. SCHLOTTERBECK, State Bar No. 169263 jschlotterbeck@mwdh20.com STEFANIE D. MORRIS, State Bar No. 239787 smorris@mwdh2o0.com THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 700 North Alameda Street Los Angeles, CA 90012-2944 Mailing address: P.O. Box 54153 Los Angeles, CA 90054-0153 Telephone: (916) 650-2607 Facsimile: (213) 217-6890 10 Attorneys for Petitioner and Plaintiff 11 THE METROPOLITAN WATER DISTRICT RECEIVED OF SOUTHERN CALIFORNIA 8/25/2020 4:47 PM 12 FRESNO COUNTY SUPERIOR COURT Additional Counsel Listed on Following Page By: S. Garcia, Deputy 13 14 SUPERIOR COURT OF CALIFORNIA 15 COUNTY OF FRESNO THE METROPOLITAN WATER Case No. 20CECG01347 16 DISTRICT OF SOUTHERN CALIFORNIA, MOJAVE WATER STIPULATION AND [PROPOSED] 17 AGENCY, COACHELLA VALLEY ORDER RE ADMINISTRATIVE WATER DISTRICT, SAN GORGONIO RECORD; RESPONSIVE PLEADING; 18 PASS WATER AGENCY, and AND ELECTRONIC SERVICE OF MUNICIPAL WATER DISTRICT OF DOCUMENTS 19 ORANGE COUNTY Judge: Hon. Jeffrey Hamilton 20 Petitioner/Plaintiff, Dept: 501 v Hearing: First CMC Sept. 16, 2020 21 Action Filed: E-filed April 28, 2020 CALIFORNIA DEPARTMENT OF FISH Filed by the clerk May 4, 2020 22 AND WILDLIFE, CALIFORNIA DEPARTMENT OF WATER 23 RESOURCES and DOES 1| through 100, Respondents/Defendants/ 24 Real Parties in Interest. 25 CALIFORNIA NATURAL RESOURCES AGENCY and ROES | through 100, 26 Real Parties in Interest. 27 28 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE THOMAS LAW GROUP TINA A. THOMAS, State Bar No. 088796 tthomas@thomaslaw.com AMY R. HIGUERA, State Bar No. 232876 ahiguera@thomaslaw.com CHRISTOPHER J. BUTCHER, State Bar No. 253285 cbutcher@thomaslaw.com 455 Capitol Mall, Suite 801 Sacramento, California 95814 Tel (916) 287-9292 Fax (916) 737-5858 Attorneys for Petitioner and Plaintiff THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ANDRADE GONZALEZ LLP SEAN A. ANDRADE, State Bar No. 223591 sandrade@andradefirm.com HENRY H. GONZALEZ, State Bar No. 208419 10 hgonzalez@andradefirm.com ERIC D. MASON, State Bar No. 259233 11 emason@andradefirm.com 634 South Spring Street, Top Floor 12 Los Angeles, CA 90014 Telephone: (213) 986-3950 13 Facsimile: (213) 995-9696 Attorneys for Petitioner and Plaintiff 14 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 15 WILLIAM J. BRUNICK, State Bar No. 046289 16 bbrunick@bmklawplc.com LELAND P. McELHANEY, State Bar No. 039257 17 Imcelhaney@bmklawplc.com BRUNICK, McELHANEY & KENNEDY, PLC 18 1839 Commercenter West P.O. Box 13130 19 San Bernardino, California 92423-3130 Telephone: (909) 889-8301 20 Facsimile: (909) 388-1889 Attorneys for Petitioner and Plaintiff 21 MOJAVE WATER AGENCY 22 REDWINE AND SHERRILL, LLP STEVEN B. ABBOTT, State Bar No. 125270 23 sabbott@redwineandsherrill.com 3890 11th St Ste 207 24 Riverside, CA 92501-3577 Telephone: (951) 684-2520 25 Facsimile: (951) 684-5491 26 Attorneys for Petitioner and Plaintiff COACHELLA VALLEY WATER DISTRICT 27 BEST BEST & KRIEGER LLP 28 CHRISTOPHER M. PISANO, State Bar No. 192831 2 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE christopher.pisano@bbklaw.com CHARITY B. SCHILLER, State Bar No. 234291 charity.schiller@bbklaw.com PATRICK D. SKAHAN, State Bar No. 286140 patrick.skahan@bbklaw.com 300 South Grand Avenue 25th Floor Los Angeles, CA 90071 Telephone: (213) 617-7492 Facsimile: (213) 617-7480 Attorneys for Petitioner and Plaintiff SAN GORGONIO PASS WATER AGENCY BEST BEST & KRIEGER LLP JOSEPH P. BYRNE, State Bar No. 190365 joseph.byrne@bbklaw.com CHRISTOPHER M. PISANO, State Bar No. 192831 10 christopher.pisano@bbklaw.com CHARITY B. SCHILLER, State Bar No. 234291 11 charity.schiller@bbklaw.com PATRICK D. SKAHAN, State Bar No. 286140 12 patrick.skahan@bbklaw.com 300 South Grand Avenue 13 25th Floor Los Angeles, CA 90071 14 Telephone: (213) 617-7492 Facsimile: (213) 617-7480 15 Attorneys for Petitioner 16 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE WHEREAS, Petitioners and Plaintiffs The Metropolitan Water District of Southern California (“Metropolitan”), Mojave Water Agency (“Mojave”), Coachella Valley Water District (“Coachella”) and San Gorgonio Pass Water Agency (“San Gorgonio”), and petitioner Municipal Water District of Orange County (“MWDOC”) (collectively, “Petitioners” or “Plaintiffs”) have filed a First Amended Petition for Writ of Mandate and Complaint (‘Petition and Complaint”) in the above-captioned action against Respondent, Defendant, and Real Party in Interest California Department of Water Resources (“DWR”), Respondent and Real Party in Interest California Department of Fish and Wildlife (“CDFW”) (DWR and CDFW collectively, “Respondents”), and Real Party in Interest California Natural Resources Agency (“CNRA”) (collectively, Petitioners, 10 Respondents, and CNRA are referred to herein as the “Parties”); and 11 WHEREAS, Petitioners allege various claims in their Petition and Complaint, including but 12 not limited to claims that Respondents violated the California Environmental Quality Act 13 (“CEQA”) and the California Endangered Species Act (“CESA”); and 14 WHEREAS, Petitioners filed and served an Election to Prepare the Administrative Record 15 (“Election”) pursuant to Public Resources Code section 21167.6, subdivision (b)(2), which is 16 applicable to DWR’s CEQA administrative record and CDFW’s CEQA administrative record; and 17 WHEREAS, this case will involve preparation of administrative records for CDFW’s and 18 DWR’s actions challenged under CEQA and CESA; and 19 WHEREAS, seven other related cases have been filed by twenty-nine petitioners in four 20 different superior courts, including three other cases in Fresno County Superior Court, two in San 21 Francisco County Superior Court, one in Alameda County Superior Court, and one in Sacramento 22 County Superior Court; and 23 WHEREAS, pursuant to California Code of Civil Procedure section 404, et seq. and 24 California Rules of Court, rule 3.501 et seq., on June 15, 2020, Tehama-Colusa Canal Authority, 25 et al., petitioners in Tehama-Colusa Canal Authority, et al. v. California Department of Water 26 Resources, et al. (Fresno County Superior Court, Case No. 20CECG01303), submitted a Petition 27 for Coordination with the Judicial Council seeking to coordinate the eight related cases, and the 28 following day, DWR, which is a party in each of the eight related cases, also submitted a Petition 4 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE for Coordination with the Judicial Council; and WHEREAS, no party has indicated opposition to coordination to date, and Petitioners and Respondents anticipate that the cases will be coordinated, and that the judge assigned to the coordinated actions will resolve any issues arising from multiple elections to prepare the CEQA administrative record(s) for the same public agency decisions; and WHEREAS, there is thus uncertainty as to the timeline by which, or whether, Petitioners must provide detailed document indexes to all parties pursuant to Fresno Local Rule 2.11.3.B; and WHEREAS, Public Resources Code section 21167.6, subdivision (c) provides that the public agency shall prepare the record within 60 days of a request to prepare the record being served 10 upon it; in this case, Petitioners elected to prepare the administrative record, and it is Respondents’ 11 position that service of that election was effectuated on DWR and CDFW on June 8, 2020, and 12 therefore the Parties calculate the record’s completion date from that date; and 13 WHEREAS, DWR and CDFW are working expeditiously to assemble the documents that 14 will comprise their respective administrative records; however, Petitioners and Respondents also 15 anticipate that the size of the CEQA administrative record(s) in this action make compliance with 16 the time limits set forth in Public Resources Code section 21167.6 and, if applicable, Fresno Local 17 Rule 2.11.3, infeasible; and 18 WHEREAS, Public Resources Code section 21167.6, subdivision (c) states that the time 19 limits set forth therein “may be extended only upon the stipulation of all parties who have been 20 properly served in the action or proceeding or upon order of the court;” and 21 WHEREAS, Public Resources Code section 21167.6, subdivision (c) further states that 22 “Te]xtensions shall be liberally granted by the court when the size of the record of proceedings 23 renders infeasible compliance with that time limit;” and 24 WHEREAS, for the reasons identified above, Petitioners and Respondents agree that 25 additional time is needed to complete the preparation and certification of the CEQA and CESA 26 administrative records; and 27 WHEREAS, Petitioners have filed a First Amended Petition for Writ of Mandate and 28 Complaint (First Amended Petition and Complaint), and there is disagreement among the Parties 5 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE as to the applicable due date for DWR and CNRA to respond to Plaintiffs’ non-mandamus causes of action; and WHEREAS, DWR and CNRA’s position is that the timing of the responsive pleading is governed by Code of Civil Procedure section 1089.5, but nonetheless wish to attempt to resolve this matter informally, the Parties wish to stay the time for responsive pleadings to the non- mandamus causes of action for thirty (30) days from September 4, 2020, the date Petitioners contend the responsive pleading is due, during which time the Parties will seek to reach agreement and enter into a further stipulation to clarify when responsive pleadings will be filed in response to the various claims contained in the Petition, or ask the Court to resolve the issue; and 10 WHEREAS, Petitioners and Respondents further desire to agree to electronic service in the 11 above-captioned action; and 12 WHEREAS, Code of Civil Procedure section 1010.6 and California Rules of Court, Rule 13 2.251 state that parties may agree to accept electronic service by serving a notice on all parties and 14 other persons that the party or other person accepts electronic service and filing the notice with the 15 court. 16 IT IS THEREFORE STIPULATED by and among Petitioners, Respondents, and Real Parties in 17 Interest that: 18 1 The deadline by which the CEQA administrative records in this action must be certified 19 shall be extended to October 6, 2020. 20 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare and 21 serve on all parties a detailed document index listing the documents proposed by Petitioners to 22 constitute the administrative record shall similarly be extended to October 6, 2020. 23 3. To the extent it applies, DWR’s and CNRA’s deadline to file responsive pleadings to the 24 non-mandamus causes of action is stayed for thirty (30) days from September 4, 2020, during which 25 time the parties shall work to reach agreement and enter into a further stipulation to clarify when 26 responsive pleadings will be filed or present the issue to the Court. 27 4. Petitioners, Respondents, and Real Parties in Interest stipulate and consent to accept 28 electronic service of filings and other documents in the above-captioned matter, pursuant to Code 6 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE of Civil Procedure section 1010.6 and California Rules of Court, Rule 2.251. This stipulation shall apply only to the service of documents between the undersigned parties. Documents required to be filed with the Court must be filed as required by the Code of Civil Procedure, the California Rules of Court, and the Fresno Local Rules. Service made pursuant to this stipulation shall be addressed to each email address listed below for the party and counsel identified: a. Attorneys for Petitioner and Plaintiff The Metropolitan Water District of Southern California: . Marcia L. Scully — mscully@mwdh20.com . Rebecca D. Sheehan — rsheehan@mwdh2o0.com 10 Robert C. Horton — rhorton@mwdh20.com 11 John D. Schlotterbeck — jschlotterbeck@mwdh20.com 12 Stefanie D. Morris — smorris@mwdh20.com 13 Tina A. Thomas — tthomas@thomaslaw.com 14 Amy R. Higuera — ahiguera@thomaslaw.com 15 Christopher J. Butcher — cbutcher@thomaslaw.com 16 Sean A. Andrade — sandrade@andradefirm.com 17 . Henry H. Gonzalez — hgonzalez@andradefirm.com 18 . Eric D. Mason — emason@andradefirm.com 19 Attorneys for Petitioner and Plaintiff Mojave Water Agenc 20 . William J. Brunick — bbrunick@bmklawplce.com 21 . Leland P. McElhaney - Imcelhaney@bmklawplc.com 22 Attorney for Petitioner and Plaintiff Coachella Valley Water District: 23 . Steven B. Abbott — sabbott@redwineandsherrill.com 24 Attorneys for Petitioner and Plaintiff San Gorgonio Pass Water Agenc 25 . Christopher M. Pisano — christopher.pisano@bbklaw.com 26 . Charity B. Schiller — charity.schiller@bbklaw.com 27 . Patrick D. Skahan — patrick.skahan@bbklaw.com 28 7 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Attorneys for Petitioner and Plaintiff Municipal Water District of Orange County: . Christopher M. Pisano — christopher.pisano@bbklaw.com . Charity B. Schiller — charity.schiller@bbklaw.com . Patrick D. Skahan — patrick.skahan@bbklaw.com Attorneys for Respondent and Real Party in Interest California Department of Fish and Wildlife: . Carolyn Rowan — Carolyn.Rowan@doj.ca.gov . Allison Goldsmith — Allison.Goldsmith@doj.ca.gov . Randy Barrow — Randy.Barrow@doj.ca.gov 10 Attorneys for Respondent, Defendant, and Real Party in Interest California 11 Department of Water Resources: 12 . William N. Jenkins — William.Jenkins@doj.ca.gov 13 . Eric M. Katz — Eric.Katz@doj.ca.gov 14 Stephen Sunseri — Stephen.Sunseri@doj.ca.gov 15 James G. Moose - jmoose@rmmenvirolaw.com 16 Christopher L. Stiles - cstiles@rmmenvirolaw.com 17 18 Attorneys for Real Party in Interest the California Natural Resources Agency: 19 . William N. Jenkins — William.Jenkins@doj.ca.gov 20 . Eric M. Katz — Eric.Katz@doj.ca.gov 21 4. This stipulation may be executed in counterpart originals, by facsimile, or by electronic 22 signature, each of which shall be deemed to be an original, and all of which shall constitute one and 23 the same document. 24 IT IS SO STIPULATED. 25 [Signatures on Following Page] 26 27 28 8 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Dated: August 2+], 2020 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CA RNI By MAKCIA L LY REBECCA D. SHEEHAN JOHN D. SCHLOTTERBECK ROBERT C. HORTON STEFANIE D. MORRIS Attorneys For Petitioner/Plaintiff THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Dated August, 2020 THOMAS LAW GROUP 10 ll By: cnn DE TINA A. THOMAS” oot AMY R. HIGUERA 12 CHRISTOPHER J. BUTCHER Attorneys For Petitioner/Plaintiff 13 THE METROPOLITAN WATER DISTRICT OF SOUTHERN 14 CALIFORNIA 5 16 Dated August __, 2020 ANDRADE GONZALEZ LLP 17 By: 18 SEAN A. ANDRADE Attorneys For Petitioner/Plaintiff 19 THE METROPOLITAN WATER DISTRICT OF SOUTHERN 20 CALIFORNIA 21 22; Dated AugustZ{ , 2020 BRUNICK, McELHANEY & KENNEDY, PLC 23 24 By ope ILLIAM J. BRUNICK 25 LELAND P. McELHANEY Attorneys for Petitioner/Plaintiff 26 MOJAVE WATER AGENCY 27 28 9 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Dated: August , 2020 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA By: MARCIA L. SCULLY REBECCA D. SHEEHAN JOHN D. SCHLOTTERBECK. ROBERT C. HORTON STEFANIE D. MORRIS Attorneys For Petitioner/Plaintiff THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Dated August , 2020 THOMAS LAW GROUP 10 By: 11 TINA A. THOMAS AMY R. HIGUERA 12 CHRISTOPHER J. BUTCHER Attorneys For Petitioner/Plaintiff 13 THE METROPOLITAN WATER DISTRICT OF SOUTHERN 14 CALIFORNIA 15 16 Dated August 25 , 2020 ANDRADE GONZALEZ jp 17 18 By: - AM SEAN A. ANDRADE Attorneys For Petitioner/Plaintiff 19 THE METROPOLITAN WATER DISTRICT OF SOUTHERN 20 CALIFORNIA 21 22 Dated August , 2020 BRUNICK, McELHANEY & KENNEDY, PLC 23 24 By: WILLIAM J. BRUNICK 25 LELAND P. McELHANEY Attorneys for Petitioner/Plaintiff 26 MOJAVE WATER AGENCY 27 28 9 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Dated August 2), 2020 REDWINE AND SHERRILL LLP By: BR Qe STEVEN B. ABBOTT Attorneys for Petitioner/Plaintiff COACHELLA VALLEY WATER DISTRICT Dated August __, 2020 BEST BEST & KRIEGER, LLP B CHRISTOPH ER M. PISANO 10 Attorneys for Petitioner SAN GORGONIO PASS WATER I AGENCY 12 Dated August 2020 BEST BEST & KRIEGER, LLP 13 14 B 15 ‘CHRISTOPHER M. PISANO Attorneys for Petitioner MUNICIPAL WATER DISTRICT OF 16 ORANGE COUNTY 17 18 Dated August , 2020 OFFICE OF THE ATTORNEY GENERAL, 19 By: 20 XAVIER BECERRA CAROLYN NELSON ROWAN 21 Attorneys For Respondent/Real Party in Interest 22 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 23 24 25 26 27 28 10 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Dated August __, 2020 REDWINE AND SHERRILL LLP By: STEVEN B. ABBOTT Attorneys for Petitioner/Plaintiff COACHELLA VALLEY WATER DISTRICT Dated August 25, 2020 BEST BEST & KRIEGER, LLP Ay gee B “CHRISTOPHER M. PISANO 10 Attorneys for Petitioner SAN GORGONIO PASS WATER 11 AGENCY 12 Dated August 25, 2020 BEST BEST & KRIEGER, LLP 13 ry giao. 14 By: CHRISTOPHER M. PISANO 15 Attorneys for Petitioner MUNICIPAL WATER DISTRICT OF 16 ORANGE COUNTY 17 18 Dated August , 2020 OFFICE OF THE ATTORNEY GENERAL 19 By: 20 XAVIER BECERRA CAROLYN NELSON ROWAN 21 Attorneys For Respondent/Real Party in Interest 22 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 23 24 25 26 27 28 10 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Dated August __, 2020 REDWINE AND SHERRILL LLP By: STEVEN B. ABBOTT Attorneys for Petitioner/Plaintiff COACHELLA VALLEY WATER DISTRICT Dated August __, 2020 BEST BEST & KRIEGER, LLP B 10 ‘CHRISTOPHER M. PISANO Attorneys for Petitioner SAN GORGONIO PASS WATER ll AGENCY 12 Dated August __, 2020 BEST BEST & KRIEGER, LLP 13 14 By: CHRISTOPHER M. PISANO 15 Attorneys for Petitioner MUNICIPAL WATER DISTRICT OF 16 ORANGE COUNTY 17 18 Dated August _ , 2020 OFFICE OF THE ATTORNEY GENERAL Carolyn Nelson Digitally signed by Carolyn 19 cs son Rowan By:_Rowan Date: 2020.08.24 14:19:08 -07'00' 20 XAVIER BECERRA CAROLYN NELSON ROWAN 21 Attorneys For Respondent/Real Party in Interest 22 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 23 24 25 26 27 28 10 STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE Dated August _ , 2020 OFFICE OF THE ATTORNEY GENERAL Digitally signed by William William Jenkins senins Date: 2020.08.24 12:04:27 -07'00" By: XAVIER BECERRA WILLIAM N. JENKINS Attorneys For Respondent/Defendant/Real Party in Interest CALIFORNIA DEPARTMENT OF WATER RESOURCES and Real Party in Interest CALIFORNIA NATURAL RESOURCES AGENCY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ll STIPULATION RE ADMINISTRATIVE RECORD, RESPONSIVE PLEADING AND E-SERVICE [PROPOSED] ORDER 1 The deadline by which the CEQA administrative records in this action must be certified shall be extended to October 6, 2020. 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare and serve on all parties a detailed document index listing the documents proposed by Petitioners to constitute the administrative record shall similarly be extended to October 6, 2020. 3 To the extent it applies, DWR’s and CNRA’s deadline to file responsive pleadings to the non-mandamus causes of action is stayed for thirty (30) days from September 4, 2020, after which time, the Parties will seek to reach agreement on and submit a further stipulation as to 10 responsive pleading due dates, or present the issue to the Court. 11 DATED: August , 2020 12 13 HONORABLE JEFFREY HAMILTON 14 JUDGE OF THE SUPERIOR COURT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- The Metropolitan Water District of Southern California et al. v. California Department of Fish and Wildlife, et al. Fresno County Superior Court Case No. 20CECG01347 PROOF OF SERVICE Tamaresident of the United States, employed in the City and County of Sacramento. My business address is 455 Capitol Mall, Suite 801, Sacramento, Califomia 95814. I am over the age of 18 years and not a party to the above-entitled action. On August 25, 2020, I served the following: STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD; RESPONSIVE PLEADING; AND ELECTRONIC SERVICE OF DOCUMENTS On the partiesin this action by causing a true copy thereof to be placed in a sealed envelope with postage thereon fully prepaid in the designated area for outgoing mail addressed as 10 follows; and or 11 On the parties in this action by causing a true copy thereof to be delivered via Federal Express to the following person(s) or their representative at the address(es) listed below; or 12 13 On the parties in this action by causing a true copy thereof to be delivered by facsimile machine number (916) 737-5858 to the following person(s) or their representative at the 14 address(es) and facsimile number(s) listed below; or 15 On the parties in this action by causing a true copy thereof to be hand-delivered to the following person(s) or representative at the address(es) listed below; or 16 17 On the parties in this action by causing a true copy thereof to be electronically delivered via the intemet to the following person(s) or representative at the address(es) listed below: 18 19 SEE ATTACHED SERVICE LIST I declare under penalty of perjury that the foregoing is true and correct and that this Proof of 20 Service was executed this 25th day of August 2020, at Sacramento, Califomia. 21 22 Palin Vib. 23 Stephanie Richburg 24 25 26 27 28 1 PROOF OF SERVICE The Metropolitan Water District of Southern California, et al. v. California Department of Fish and Wildlife, et al. Fresno County Superior Court Case No. 20CECG01347 SERVICE LIST Carolyn Nelson Rowan CALIFORNIA DEPARTMENT OF FISH D General AND WILDLIFE Carol \doj.ca. Allison Goldsmith D General Allison.Goldsmith@doj.ca.gov Barrow Deputy Attomey General OEECEOF arrow@doj.ca.gov SEAT OFFICE OF THE ATTORNEY GENERAL 1300 I Street, Room 1520-15 Sacramento, CA. 95814 10 William N. Jenkins CALIFORNIA DEPARTMENT OF WATER 11 D General RESOURCES William,]enkins@doj.ca.gov 12 Eric M. Katz Deputy Attomey General 13 Enc SS = 14 Dent Nona General Sunsen@doj.ca.gov 15 OFFICE OF THE ATTORNEY GENERAL 1300 I Street, Room 1520-15 16 Sacramento, CA. 95814 17 JamesG. Moose mmmenvirolaw.com 18 Christopher L. Stiles cstiles@mmmenvirolaw.com 19 REMY MOOSE MANLEY, LLP 555 Capitol Mall, Suite 800 20 Sacramento, CA. 95814 21 William N. Jenkins CALIFORNIA NATURAL RESOURCES D General AGENCY 22 William,]enkins@doj.ca.gov Eric M. Katz 23 Deputy Attomey General Enic.Katz@doj.ca.gov 24 OFFICE OF THE ATTORNEY GENERAL 1300 I Street, Room 1520-15 25 Sacramento, CA. 95814 26 27 28 2 PROOF OF SERVICE