Preview
Timothy M. Taylor (SB #144335) E-FILED
im.taylor@stoel.com 1/25/2021 10:23 AM
Elizabeth P. Ewens (SB #213046) Superior Court of California
elizabeth.ewens@stoel.com County of Fresno
Lauren V. Neuhaus (SB #327698) By: A. Ramos, Deputy
lauren.neuhaus@stoel.com
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: 916.447.0700
Facsimile: 916.447.4781
Attorneys for Petitioners and Plaintiffs
TEHAMA-COLUSA CANAL AUTHORITY; SAN LUIS & DELTA-
MENDOTA WATER AUTHORITY; FRIANT WATER AUTHORITY;
GLENN-COLUSA IRRIGATION DISTRICT; RECLAMATION DISTRICT
108; NATOMAS CENTRAL MUTUAL WATER COMPANY; RIVER
GARDEN FARMS COMPANY; and SUTTER MUTUAL WATER COMPANY
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[ADDITIONAL COUNSEL ON NEXT PAGE]
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF FRESNO
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TEHAMA-COLUSA CANAL AUTHORITY, a CASE NO. 20CECG01303
14 California Joint Powers Authority;
SAN LUIS & DELTA-MENDOTA WATER ASSIGNED FoR ALL PURPOSES TO JUDGE
15 AUTHORITY, a California Joint Powers JEFFREY HAMILTON
Authority; DEPARTMENT 54
16 FRIANT WATER AUTHORITY, a California
Joint Powers Authority; COORDINATED PROCEEDING
17 GLENN-COLUSA IRRIGATION DISTRICT, a JCCP No. 5117: ASSIGNED FOR ALL
California Irrigation District; PURPOSES TO HON. STEVEN M.
18 RECLAMATION DISTRICT 108, a California GEVERCER, SACRAMENTO COUNTY
Reclamation District; SUPERIOR COURT
19 NATOMAS CENTRAL MUTUAL WATER
COMPANY, a California Water Company; PETITIONERS AND PLAINTIFFS’
20 RIVER GARDEN FARMS COMPANY, a CASE MANAGEMENT
business entity; and SUTTER MUTUAL WATER STATEMENT
21 COMPANY, a California Water Company,
Case Management Conference
22 Petitioners and Plaintiffs, Date: February 3, 2021
Time: 1:30 p.m.
23 v Dept.: 305
24 CALIFORNIA DEPARTMENT OF WATER Submitted for filing: April 28, 2020
RESOURCES, a California state agency; File-stamped: May 4, 2020
25 CALIFORNIA DEPARTMENT OF FISH AND
WILDLIFE, a California State agency,
26
Respondents and Defendants.
27 DOES 1-50,
28 Real Parties in Interest.
STOEL RIVES LLP -1-
Arronneys AT LAW
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
Meredith E. Nikkel (SB #254818)
mnikkel@downeybrand.com
Kevin M. O’Brien (SB #122713)
kobrien@downeybrand.com
Andrea P. Clark (SB #226310)
clark@downeybrand.com
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: 916.444.1000
Facsimile: 916.444.2100
Attorneys for Petitioners and Plaintiffs
TEHAMA-COLUSA CANAL AUTHORITY; RECLAMATION
DISTRICT 108; NATOMAS CENTRAL MUTUAL WATER
COMPANY; RIVER GARDEN FARMS COMPANY; and SUTTER
MUTUAL WATER COMPANY
10
Rebecca R. Akroyd (SB #267305)
11 Rebecca.akroyd@sldmwa.org
General Counsel
12 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
400 Capitol Mall, 28th Floor
13 Sacramento, CA 95814
Telephone: 916.321.4321
14 Facsimile: 209.826.9698
15 Attorneys for Petitioner and Plaintiff
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
16
Andrea A. Matarazzo (SB #179198)
17 ndrea@pioneerlawgroup.net
PIONEER LAW GROUP, LLP
18 1122 S Street
Sacramento, CA 95811
19 Telephone: 916.287.9500
Facsimile: 916.287.9515
20
Attorneys for Petitioner and Plaintiff
21 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
22 Donald M. Davis (SB #169163)
ddavis@bwslaw.com
23 BURKE WILLIAMS & SORENSEN LLP
444 South Flower Street, Suite 2400
24 Los Angeles, CA 90071-2953
Telephone: 213.236.2702
25
Attorneys for Petitioner and Plaintiff
26 FRIANT WATER AUTHORITY
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STOEL Rives LLP -2-
Arronneys AT LAW
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
Matthew G. Adams (SB # 229021)
madams@kaplankirsch.com
KAPLAN KIRSCH & ROCKWELL LLP
595 Pacific Avenue, 4th Floor
San Francisco, CA 94133
Telephone: 628.209.4151
Attorneys for Petitioner and Plaintiff
FRIANT WATER AUTHORITY
Andrew M. Hitchings, Esq. (SB #154554)
ahitchings@somachlaw.com
Kelley M. Taber, Esq. (SB #184348)
ktaber@somachlaw.com
SOMACH SIMMONS & DUNN
A Professional Corporation
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
10 Telephone: 916.446.7979
Facsimile: 916.446.8199
11
Attorneys for Petitioner and Plaintiff
12 GLENN-COLUSA IRRIGATION DISTRICT
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STOEL Rives LLP 3-
Arronneys AT LAW
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
Petitioners/Plaintiffs Tehama-Colusa Canal Authority, et al. (“Petitioners”) submit this
Case Management Statement in anticipation of the conference currently scheduled for February 3,
2021. Collectively, Petitioners and Respondent/Defendant California Department of Water
Resources and Respondent/Defendant California Department of Fish and Game (together
“Respondents”) will be referred to as the “Parties”. Pursuant to California Rules of Court,
rule 3.724 and Fresno County Superior Court Local Rule 2.11.2.D, the Parties previously met and
conferred on August 14, 2020. As addressed further herein, on or about October 7, 2020, the
Superior Court of the County of San Francisco granted a Petition to Coordinate this action with
pending related actions, and the coordinated actions subsequently were assigned to Honorable
10 Steven M. Gevercer in the County of Sacramento. Given the procedural status of the coordinated
11 cases addressed herein, Petitioners request that the February 3, 2021 case management conference
12 be taken off calendar to conserve judicial resources. Alternatively, Petitioners request that this
13 action be stayed pending transfer to Sacramento County.
14 1 Status of service upon or appearance by real parties in interest.
15 Petitioners do not know the true names and capacities of Real Parties in Interest. As such,
16 Petitioners sued said Real Parties in Interest under the fictional names DOE 1 through DOE 50. If
17 and when the true names and capacities of DOES 1-50 are ascertained, Petitioners will amend their
18 Verified Petition for Writ of Mandate and Complaint for Injunctive Relief (“Petition”) and serve
19 Real Parties in Interest accordingly.
20 2. Status of the administrative record.
21 Petitioners filed and served an Election to Prepare the Administrative Record pursuant to
22 Public Resources Code section 21167.6, subdivision (b)(2) with their Petition. Seven other related
23 cases were filed against Respondents by 29 petitioners in four different superior courts. Petitioners
24 and Respondents both filed a Petition for Coordination to the Judicial Council. On or about
25 October 7, 2020, the Honorable Anne-Christine Massullo of the Superior Court of the County of
26 San Francisco granted Respondents’ Petition for Coordination and found the Superior Court of the
27 County of Sacramento to be the appropriate venue for the eight actions (the “Included Actions”).
28 //f
STOEL Rives LLP -4-
ATTORNEYS
AT Law
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
On or about December 30, 2020, the Presiding Judge of the Sacramento County Superior Court
assigned the Included Actions to the Honorable Steven M. Gevercer as the coordination trial judge.
Respondents have indicated they are working to assemble the documents that will comprise
their administrative records. While Public Resources Code section 21167.6, subdivision (c)
requires a public agency to prepare the record within 60 days of a request to prepare the record, the
Parties have most recently stipulated to extend the time for certifying the CEQA administrative
record(s) in the Included Actions to March 4, 2021. While this Court’s September 21, 2020 Order
stated a preference for Respondents to make records available to Petitioners “on a rolling basis,”
Respondents have declined to do so.
10 3, Status of settlement conference, and whether the parties believe that an early
settlement conference before their assigned judge would be beneficial (a waiver
11 under Public Resources Code § 21167, subdivision (d) will be required).
12 The Parties participated in an electronic settlement meeting on August 31, 2020, pursuant
13 to Public Resources Code section 21167.8. The Parties did not reach a settlement, but have reserved
14 the possibility ofa further settlement meeting(s) as necessary. Petitioners do not believe that an
15 early settlement conference before the assigned judge would be beneficial at this time.
16 4 Anticipated motions, including briefing schedule and proposed hearing dates.
17 As the Included Actions have been assigned to the Sacramento County Superior Court for
18 coordination and trial, Petitioners do not anticipate any motions or hearings before this Court.
19 5, Setting of hearing/trial on the merits.
20 As the Included Actions have been assigned to the Sacramento County Superior Court for
21 coordination and trial, Petitioners do not believe the setting of any hearings or trials are necessary
22 at this time.
23 6. The need to set further case status hearing dates.
24 As the Included Actions have been assigned to the Sacramento County Superior Court for
25 coordination and trial, Petitioners do not believe any further case status hearings are necessary at
26 this time.
27 //f
28 //f
STOEL Rives LLP -5-
ATTORNEYS
AT Law
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
Dated: January 25, 2021 STOEL RIVES tip
oy el
T imothy'M. Taylor
Elizabeth P. Ewens
Lauren V. Neuhaus
Attorneys for Petitioners and Plaintiffs
TEHAMA-COLUSA CANAL AUTHORITY; SAN,
LUIS & DELTA-MENDOTA WATER AUTHORITY;
FRIANT WATER AUTHORITY; GLENN-COLUSA
IRRIGATION DISTRICT; RECLAMATION DISTRICT
108; NATOMAS CENTRAL MUTUAL WATER
COMPANY; RIVER GARDEN FARMS COMPANY;
and SUTTER MUTUAL WATER COMPANY
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STOEL Rives LLP -6-
ATTORNEYS
AT Law
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
DECLARATION OF SERVICE
I declare that I am over the age of eighteen years and not a party to this action. Iam
employed in the City and County of Sacramento and my business address is 500 Capitol Mall,
Suite 1600, Sacramento, California 95814.
On January 25, 2021, at Sacramento, California, I served the attached document(s):
PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT
on the following parties:
SEE ATTACHED SERVICE LIST
BY FIRST CLASS MAIL: I am readily familiar with my employer’s practice for the collection and
processing of correspondence for mailing with the U.S. Postal Service. In the ordinary course of business,
correspondence would be deposited with the U.S. Postal Service on the day on which it is collected. On the
date written above, following ordinary business practices, I placed for collection and mailing at the offices of
10 Stoel Rives LLP, 500 Capitol Mall, Suite 1600, Sacramento, California 95814, a copy of the attached document
in a sealed envelope, with postage fully prepaid, addressed as shown on the service list. I am aware that on
11 motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one day after the date of deposit for mailing contained in this declaration.
12 BY FACSIMILE: On the date written above, I caused a copy of the attached document to be transmitted to a
fax machine maintained by the person on whom it is served at the fax number shown on the service list. That
13 transmission was reported as complete and without error and a transmission report was properly issued by the
transmitting fax machine.
14 BY HAND DELIVERY: On the date written above, I placed a copy of the attached document in a sealed
envelope, with delivery fees paid or provided for, and arranged for it to be delivered by messenger that same.
day to the office of the addressee, as shown on the service list.
15
BY ELECTRONIC TRANSMISSION: | am readily familiar with the firm’s practice for causing documents to be
16 served via electronic transmission. Following that practice, I caused the aforementioned document(s) to be electronically
submitted to the email addre es on file with the Fresno County Superior Court for Case No. 20CECG01303 using the
electronic service provider Odyssey E-File CA.
17
BY OVERNIGHT MAIL: [| am readily familiar with my employer’s practice for the collection and processing
of correspondence for overnight delivery. In the ordinary course of business, correspondence would be
18 deposited in a box or other facility regularly maintained by the express service carrier or delivered to it by the
carrier’s authorized courier on the day on which it is collected. On the date written above, following ordinary
19 business practices, I placed for collection and overnight delivery at the offices of Stoel Rives LLP, 500 Capitol
Mall, Suite 1600, Sacramento, California 95814, a copy of the attached document in a sealed envelope, with
20 delivery fees prepaid or provided for, addressed as shown on the service list.
21 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this document was executed on January 25, 2021, at
22 Sacramento, California.
23 ——
24 : Vian Krad
Sheila D. Brown
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STOEL Rives LLP -7-
ATTORNEYS
AT Law
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
SERVICE LIST
William Jenkins Attorneys for Respondents and
Deputy Attorney General Defendants
Eric Katz California Department of Water
Office of the Attorney General Resources
455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102
Phone: 415-510-3466
William.Jenkins@doj.ca.go
Eric.Katz@doj.ca.gov
James G. Moose Attorneys for Respondents and
Christopher L. Stiles Defendants
REMY MOOSE MANLEY, LLP California Department of Water
555 Capitol Mall, Suite 800 Resources
10
Sacramento, CA 95814
11 Phone: 916-443-2745
jmoose@rmmenvirolaw.com
12 cstiles@rmmenvirolaw.com
13 Carolyn Nelson Rowan Attorneys for Respondents and
Allison Goldsmith Defendants
14
Ali Karaouni California Department of Fish and
15 Daniel Harris Wildlife
Bruce Reeves
16 Randy Barrow
Office of the Attorney General
17 1300 I Street, Room 1530-14
Sacramento, CA 95814
18
Phone: 916-210-7814
19 Carolyn.Rowan@doj.ca.go
Allison.Goldsmith@doj.ca.gov
20 Ali.Karaouni@doj.ca.gov
Daniel.Harris@doj.ca.go
21 Bruce.Reeves@doj.ca.go'
Randy. Barrow@doj.ca.go'
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STOEL RIVES LLP -8-
Arronneys AT LAW
SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303
109531225.4 0072488- 00001
Preview
Timothy M. Taylor (SB #144335) E-FILED im.taylor@stoel.com 1/25/2021 10:23 AM Elizabeth P. Ewens (SB #213046) Superior Court of California elizabeth.ewens@stoel.com County of Fresno Lauren V. Neuhaus (SB #327698) By: A. Ramos, Deputy lauren.neuhaus@stoel.com STOEL RIVES LLP 500 Capitol Mall, Suite 1600 Sacramento, CA 95814 Telephone: 916.447.0700 Facsimile: 916.447.4781 Attorneys for Petitioners and Plaintiffs TEHAMA-COLUSA CANAL AUTHORITY; SAN LUIS & DELTA- MENDOTA WATER AUTHORITY; FRIANT WATER AUTHORITY; GLENN-COLUSA IRRIGATION DISTRICT; RECLAMATION DISTRICT 108; NATOMAS CENTRAL MUTUAL WATER COMPANY; RIVER GARDEN FARMS COMPANY; and SUTTER MUTUAL WATER COMPANY 10 [ADDITIONAL COUNSEL ON NEXT PAGE] 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF FRESNO 13 TEHAMA-COLUSA CANAL AUTHORITY, a CASE NO. 20CECG01303 14 California Joint Powers Authority; SAN LUIS & DELTA-MENDOTA WATER ASSIGNED FoR ALL PURPOSES TO JUDGE 15 AUTHORITY, a California Joint Powers JEFFREY HAMILTON Authority; DEPARTMENT 54 16 FRIANT WATER AUTHORITY, a California Joint Powers Authority; COORDINATED PROCEEDING 17 GLENN-COLUSA IRRIGATION DISTRICT, a JCCP No. 5117: ASSIGNED FOR ALL California Irrigation District; PURPOSES TO HON. STEVEN M. 18 RECLAMATION DISTRICT 108, a California GEVERCER, SACRAMENTO COUNTY Reclamation District; SUPERIOR COURT 19 NATOMAS CENTRAL MUTUAL WATER COMPANY, a California Water Company; PETITIONERS AND PLAINTIFFS’ 20 RIVER GARDEN FARMS COMPANY, a CASE MANAGEMENT business entity; and SUTTER MUTUAL WATER STATEMENT 21 COMPANY, a California Water Company, Case Management Conference 22 Petitioners and Plaintiffs, Date: February 3, 2021 Time: 1:30 p.m. 23 v Dept.: 305 24 CALIFORNIA DEPARTMENT OF WATER Submitted for filing: April 28, 2020 RESOURCES, a California state agency; File-stamped: May 4, 2020 25 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, a California State agency, 26 Respondents and Defendants. 27 DOES 1-50, 28 Real Parties in Interest. STOEL RIVES LLP -1- Arronneys AT LAW SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 Meredith E. Nikkel (SB #254818) mnikkel@downeybrand.com Kevin M. O’Brien (SB #122713) kobrien@downeybrand.com Andrea P. Clark (SB #226310) clark@downeybrand.com DOWNEY BRAND LLP 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Telephone: 916.444.1000 Facsimile: 916.444.2100 Attorneys for Petitioners and Plaintiffs TEHAMA-COLUSA CANAL AUTHORITY; RECLAMATION DISTRICT 108; NATOMAS CENTRAL MUTUAL WATER COMPANY; RIVER GARDEN FARMS COMPANY; and SUTTER MUTUAL WATER COMPANY 10 Rebecca R. Akroyd (SB #267305) 11 Rebecca.akroyd@sldmwa.org General Counsel 12 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY 400 Capitol Mall, 28th Floor 13 Sacramento, CA 95814 Telephone: 916.321.4321 14 Facsimile: 209.826.9698 15 Attorneys for Petitioner and Plaintiff SAN LUIS & DELTA-MENDOTA WATER AUTHORITY 16 Andrea A. Matarazzo (SB #179198) 17 ndrea@pioneerlawgroup.net PIONEER LAW GROUP, LLP 18 1122 S Street Sacramento, CA 95811 19 Telephone: 916.287.9500 Facsimile: 916.287.9515 20 Attorneys for Petitioner and Plaintiff 21 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY 22 Donald M. Davis (SB #169163) ddavis@bwslaw.com 23 BURKE WILLIAMS & SORENSEN LLP 444 South Flower Street, Suite 2400 24 Los Angeles, CA 90071-2953 Telephone: 213.236.2702 25 Attorneys for Petitioner and Plaintiff 26 FRIANT WATER AUTHORITY 27 28 STOEL Rives LLP -2- Arronneys AT LAW SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 Matthew G. Adams (SB # 229021) madams@kaplankirsch.com KAPLAN KIRSCH & ROCKWELL LLP 595 Pacific Avenue, 4th Floor San Francisco, CA 94133 Telephone: 628.209.4151 Attorneys for Petitioner and Plaintiff FRIANT WATER AUTHORITY Andrew M. Hitchings, Esq. (SB #154554) ahitchings@somachlaw.com Kelley M. Taber, Esq. (SB #184348) ktaber@somachlaw.com SOMACH SIMMONS & DUNN A Professional Corporation 500 Capitol Mall, Suite 1000 Sacramento, CA 95814 10 Telephone: 916.446.7979 Facsimile: 916.446.8199 11 Attorneys for Petitioner and Plaintiff 12 GLENN-COLUSA IRRIGATION DISTRICT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STOEL Rives LLP 3- Arronneys AT LAW SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 Petitioners/Plaintiffs Tehama-Colusa Canal Authority, et al. (“Petitioners”) submit this Case Management Statement in anticipation of the conference currently scheduled for February 3, 2021. Collectively, Petitioners and Respondent/Defendant California Department of Water Resources and Respondent/Defendant California Department of Fish and Game (together “Respondents”) will be referred to as the “Parties”. Pursuant to California Rules of Court, rule 3.724 and Fresno County Superior Court Local Rule 2.11.2.D, the Parties previously met and conferred on August 14, 2020. As addressed further herein, on or about October 7, 2020, the Superior Court of the County of San Francisco granted a Petition to Coordinate this action with pending related actions, and the coordinated actions subsequently were assigned to Honorable 10 Steven M. Gevercer in the County of Sacramento. Given the procedural status of the coordinated 11 cases addressed herein, Petitioners request that the February 3, 2021 case management conference 12 be taken off calendar to conserve judicial resources. Alternatively, Petitioners request that this 13 action be stayed pending transfer to Sacramento County. 14 1 Status of service upon or appearance by real parties in interest. 15 Petitioners do not know the true names and capacities of Real Parties in Interest. As such, 16 Petitioners sued said Real Parties in Interest under the fictional names DOE 1 through DOE 50. If 17 and when the true names and capacities of DOES 1-50 are ascertained, Petitioners will amend their 18 Verified Petition for Writ of Mandate and Complaint for Injunctive Relief (“Petition”) and serve 19 Real Parties in Interest accordingly. 20 2. Status of the administrative record. 21 Petitioners filed and served an Election to Prepare the Administrative Record pursuant to 22 Public Resources Code section 21167.6, subdivision (b)(2) with their Petition. Seven other related 23 cases were filed against Respondents by 29 petitioners in four different superior courts. Petitioners 24 and Respondents both filed a Petition for Coordination to the Judicial Council. On or about 25 October 7, 2020, the Honorable Anne-Christine Massullo of the Superior Court of the County of 26 San Francisco granted Respondents’ Petition for Coordination and found the Superior Court of the 27 County of Sacramento to be the appropriate venue for the eight actions (the “Included Actions”). 28 //f STOEL Rives LLP -4- ATTORNEYS AT Law SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 On or about December 30, 2020, the Presiding Judge of the Sacramento County Superior Court assigned the Included Actions to the Honorable Steven M. Gevercer as the coordination trial judge. Respondents have indicated they are working to assemble the documents that will comprise their administrative records. While Public Resources Code section 21167.6, subdivision (c) requires a public agency to prepare the record within 60 days of a request to prepare the record, the Parties have most recently stipulated to extend the time for certifying the CEQA administrative record(s) in the Included Actions to March 4, 2021. While this Court’s September 21, 2020 Order stated a preference for Respondents to make records available to Petitioners “on a rolling basis,” Respondents have declined to do so. 10 3, Status of settlement conference, and whether the parties believe that an early settlement conference before their assigned judge would be beneficial (a waiver 11 under Public Resources Code § 21167, subdivision (d) will be required). 12 The Parties participated in an electronic settlement meeting on August 31, 2020, pursuant 13 to Public Resources Code section 21167.8. The Parties did not reach a settlement, but have reserved 14 the possibility ofa further settlement meeting(s) as necessary. Petitioners do not believe that an 15 early settlement conference before the assigned judge would be beneficial at this time. 16 4 Anticipated motions, including briefing schedule and proposed hearing dates. 17 As the Included Actions have been assigned to the Sacramento County Superior Court for 18 coordination and trial, Petitioners do not anticipate any motions or hearings before this Court. 19 5, Setting of hearing/trial on the merits. 20 As the Included Actions have been assigned to the Sacramento County Superior Court for 21 coordination and trial, Petitioners do not believe the setting of any hearings or trials are necessary 22 at this time. 23 6. The need to set further case status hearing dates. 24 As the Included Actions have been assigned to the Sacramento County Superior Court for 25 coordination and trial, Petitioners do not believe any further case status hearings are necessary at 26 this time. 27 //f 28 //f STOEL Rives LLP -5- ATTORNEYS AT Law SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 Dated: January 25, 2021 STOEL RIVES tip oy el T imothy'M. Taylor Elizabeth P. Ewens Lauren V. Neuhaus Attorneys for Petitioners and Plaintiffs TEHAMA-COLUSA CANAL AUTHORITY; SAN, LUIS & DELTA-MENDOTA WATER AUTHORITY; FRIANT WATER AUTHORITY; GLENN-COLUSA IRRIGATION DISTRICT; RECLAMATION DISTRICT 108; NATOMAS CENTRAL MUTUAL WATER COMPANY; RIVER GARDEN FARMS COMPANY; and SUTTER MUTUAL WATER COMPANY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STOEL Rives LLP -6- ATTORNEYS AT Law SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 DECLARATION OF SERVICE I declare that I am over the age of eighteen years and not a party to this action. Iam employed in the City and County of Sacramento and my business address is 500 Capitol Mall, Suite 1600, Sacramento, California 95814. On January 25, 2021, at Sacramento, California, I served the attached document(s): PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT on the following parties: SEE ATTACHED SERVICE LIST BY FIRST CLASS MAIL: I am readily familiar with my employer’s practice for the collection and processing of correspondence for mailing with the U.S. Postal Service. In the ordinary course of business, correspondence would be deposited with the U.S. Postal Service on the day on which it is collected. On the date written above, following ordinary business practices, I placed for collection and mailing at the offices of 10 Stoel Rives LLP, 500 Capitol Mall, Suite 1600, Sacramento, California 95814, a copy of the attached document in a sealed envelope, with postage fully prepaid, addressed as shown on the service list. I am aware that on 11 motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing contained in this declaration. 12 BY FACSIMILE: On the date written above, I caused a copy of the attached document to be transmitted to a fax machine maintained by the person on whom it is served at the fax number shown on the service list. That 13 transmission was reported as complete and without error and a transmission report was properly issued by the transmitting fax machine. 14 BY HAND DELIVERY: On the date written above, I placed a copy of the attached document in a sealed envelope, with delivery fees paid or provided for, and arranged for it to be delivered by messenger that same. day to the office of the addressee, as shown on the service list. 15 BY ELECTRONIC TRANSMISSION: | am readily familiar with the firm’s practice for causing documents to be 16 served via electronic transmission. Following that practice, I caused the aforementioned document(s) to be electronically submitted to the email addre es on file with the Fresno County Superior Court for Case No. 20CECG01303 using the electronic service provider Odyssey E-File CA. 17 BY OVERNIGHT MAIL: [| am readily familiar with my employer’s practice for the collection and processing of correspondence for overnight delivery. In the ordinary course of business, correspondence would be 18 deposited in a box or other facility regularly maintained by the express service carrier or delivered to it by the carrier’s authorized courier on the day on which it is collected. On the date written above, following ordinary 19 business practices, I placed for collection and overnight delivery at the offices of Stoel Rives LLP, 500 Capitol Mall, Suite 1600, Sacramento, California 95814, a copy of the attached document in a sealed envelope, with 20 delivery fees prepaid or provided for, addressed as shown on the service list. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this document was executed on January 25, 2021, at 22 Sacramento, California. 23 —— 24 : Vian Krad Sheila D. Brown 25 26 27 28 STOEL Rives LLP -7- ATTORNEYS AT Law SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001 SERVICE LIST William Jenkins Attorneys for Respondents and Deputy Attorney General Defendants Eric Katz California Department of Water Office of the Attorney General Resources 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102 Phone: 415-510-3466 William.Jenkins@doj.ca.go Eric.Katz@doj.ca.gov James G. Moose Attorneys for Respondents and Christopher L. Stiles Defendants REMY MOOSE MANLEY, LLP California Department of Water 555 Capitol Mall, Suite 800 Resources 10 Sacramento, CA 95814 11 Phone: 916-443-2745 jmoose@rmmenvirolaw.com 12 cstiles@rmmenvirolaw.com 13 Carolyn Nelson Rowan Attorneys for Respondents and Allison Goldsmith Defendants 14 Ali Karaouni California Department of Fish and 15 Daniel Harris Wildlife Bruce Reeves 16 Randy Barrow Office of the Attorney General 17 1300 I Street, Room 1530-14 Sacramento, CA 95814 18 Phone: 916-210-7814 19 Carolyn.Rowan@doj.ca.go Allison.Goldsmith@doj.ca.gov 20 Ali.Karaouni@doj.ca.gov Daniel.Harris@doj.ca.go 21 Bruce.Reeves@doj.ca.go' Randy. Barrow@doj.ca.go' 22 23 24 25 26 27 28 STOEL RIVES LLP -8- Arronneys AT LAW SACRAMENTO PETITIONERS AND PLAINTIFFS’ CASE MANAGEMENT STATEMENT - 20CECG01303 109531225.4 0072488- 00001