STIPULATION AND ORDER TO MODIFY FURTHER SCHEDULING ORDER (ECF 1027)

LAWRENCE J. O'NEILL, Chief District Judge.

RECITALS

WHEREAS, on February 23, 2017, the Court entered its ruling on the parties' motions to dismiss, and dismissed Plaintiffs' Fifth Claim for Relief and, as to Federal Defendants, narrowed the scope of Plaintiffs' Sixth Claim for Relief to: (i) "whether the approval of transfers proximately caused the take alleged in the Sixth Claim for Relief;" or (ii) whether "Reclamation's failure to require [Glenn-Colusa Irrigation District] to divert up to 20,315 [acre feet] of water from Stony Creek, rather than from the Sacramento River, could have proximately caused any of the harms alleged in the Sixth Claim for Relief," ECF 1069 at 56-57;

WHEREAS, pursuant to the Court's June 6, 2016, Further Scheduling Order (ECF 1027), Federal Defendants are to lodge the administrative record 20 days after the Court's ruling on the motions to dismiss;

WHEREAS, Plaintiffs filed a Fifth Supplemental Complaint on March 1, 2017 (ECF 1071);

WHEREAS, Federal Defendants need additional time to prepare an administrative record for the Sixth Claim for Relief, as narrowed by the Court's February 23, 2017 order, and for actions challenged in Plaintiffs' Fifth Supplemental Complaint;

WHEREAS, the parties agree that it would be in the best interest of all parties to review the contents and be provided an opportunity to comment on the scope of those administrative records prior to Federal Defendants' lodging the records with the Court;

WHEREAS, the parties agree that Defendants should be allowed to file a responsive pleading to Plaintiffs' Fifth Supplemental Complaint;

WHEREAS, for the Sixth Claim for Relief, the parties agree that discovery is appropriate as to the claims against the Sacramento River Settlement Contractor parties (SRS Contractors);

WHEREAS, for the Sixth Claim for Relief, the parties are discussing, but have not yet agreed on: (i) the propriety, need for, or scope of discovery as to the claims against the Federal Defendants; (ii) discovery schedules; (iii) a briefing schedule; or (iv) pre-trial and trial scheduling, for that claim;

WHEREAS, the parties are continuing to meet and confer regarding Plaintiffs' Sixth Claim for Relief and intend to file a further stipulation regarding amendments to the briefing schedule as to the remaining claims in this case once the parties reach agreement about Plaintiffs' Sixth Claim for Relief;

STIPULATION

NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the following revised schedule regarding responsive pleadings and the administrative records in this case:

Responsive Pleadings:

• April 14, 2017: Answers to Plaintiffs' Fifth Supplemental Complaint shall be filed.

Administrative Records:

• April 12, 2017: Federal Defendants shall distribute to all parties a draft index summarizing the proposed contents of the administrative record(s) ("AR") for purposes of informing a meet and confer process regarding any potential disputes.

• April 19, 2017: Comments on the draft AR index shall be due to Federal Defendants.

• May 3, 2017: Federal Defendants shall lodge the AR.

• May 24, 2017: All motions regarding completeness of the AR and any motions or stipulations to limit review of the Sixth Claim as against Federal Defendants to the AR shall be filed. To the extent a motion is required, briefing shall take place according to the local rules.

• 7 days after Court's ruling on any disputes regarding completeness of the AR: Federal Defendants shall complete any change to the AR to conform with the Court's rulings.

Discovery for the Sixth Claim:

• March 24, 2017: Plaintiffs, SRS Contractors and Federal Defendants shall meet and confer about the scope and schedule of discovery, and pre-trial and trial scheduling, for Plaintiffs' Sixth Claim for Relief against the SRS Contractors.

• May 10, 2017: Following lodging and review of the administrative record, Plaintiffs and Federal Defendants shall meet and confer about the scope and schedule of discovery for Plaintiffs' Sixth Claim for Relief against Federal Defendants.

ORDER

Pursuant to the Parties' Stipulation, the Court hereby ORDERS that the following schedule for further proceedings in this case is established:

Responsive Pleadings:

• April 14, 2017: Answers to Plaintiffs' Fifth Supplemental Complaint shall be filed.

Administrative Records:

• April 12, 2017: Federal Defendants shall distribute to all parties a draft index summarizing the proposed contents of the administrative record(s) ("AR") for purposes of informing a meet and confer process regarding any potential disputes.

• April 19, 2017: Comments on the draft AR index shall be due to Federal Defendants.

• May 3, 2017: Federal Defendants shall lodge the AR.

• May 24, 2017: All motions regarding completeness of the AR and any motions or stipulations to limit review of the Sixth Claim as against Federal Defendants to the AR shall be filed. To the extent a motion is required, briefing shall take place according to the local rules.

• 7 days after Court's ruling on any disputes regarding completeness of the AR: Federal Defendants shall complete any change to the AR to conform with the Court's rulings.

Discovery for the Sixth Claim:

• March 24, 2017: Plaintiffs, SRS Contractors and Federal Defendants shall meet and confer about the scope and schedule of discovery, and pre-trial and trial scheduling, for Plaintiffs' Sixth Claim for Relief against the SRS Contractors.

• May 10, 2017: Plaintiffs and Federal Defendants shall meet and confer about the scope and schedule of discovery for Plaintiffs' Sixth Claim for Relief against Federal Defendants.

IT IS SO ORDERED.