Filed: Jun. 12, 2015
Latest Update: Jun. 12, 2015
Summary: JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT PROPOSED SETTLEMENT NANCY J. KOPPE , Magistrate Judge . JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT PROPOSED SETTLEMENT DOCUMENTS Plaintiffs the Moapa Band of Paiute Indians (the "Moapa") and Sierra Club, along with Defendants Nevada Power Company ("NPC") and the California Department of Water Resources ("CDWR") (collectively, the "Parties"), jointly request that the Court permit the parties fourteen (14) additional days to submit proposed settlem
Summary: JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT PROPOSED SETTLEMENT NANCY J. KOPPE , Magistrate Judge . JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT PROPOSED SETTLEMENT DOCUMENTS Plaintiffs the Moapa Band of Paiute Indians (the "Moapa") and Sierra Club, along with Defendants Nevada Power Company ("NPC") and the California Department of Water Resources ("CDWR") (collectively, the "Parties"), jointly request that the Court permit the parties fourteen (14) additional days to submit proposed settleme..
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JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT PROPOSED SETTLEMENT
NANCY J. KOPPE, Magistrate Judge.
JOINT MOTION FOR ADDITIONAL TIME TO SUBMIT PROPOSED SETTLEMENT DOCUMENTS
Plaintiffs the Moapa Band of Paiute Indians (the "Moapa") and Sierra Club, along with Defendants Nevada Power Company ("NPC") and the California Department of Water Resources ("CDWR") (collectively, the "Parties"), jointly request that the Court permit the parties fourteen (14) additional days to submit proposed settlement documents to the Court. In support of this motion, the parties submit the following:
(1) Following the May 28, 2015, settlement conference the parties reached an agreement in principle to settle this matter, which remained subject to drafting of terms and conditions.
(2) By minute entry dated May 29, 2015 the Court told the parties to submit a settlement draft by June 12, 2015, and a motion for approval of settlement agreement by August 14, 2015. These dates took into account that with respect to Clean Water Act claims the Department of Justice and the Environmental Protection Agency must be provided notice of the proposed settlement and the settlement may not be approved until 45 days from the date of that notice.
(3) The terms and conditions necessary to finalize the settlement proposal include relatively complex provisions relating to the structure for a potential purchase of water rights by the Moapa tribe, as well as other conditions of the proposed settlement. The parties have exchanged drafts of proposed language, but have not reached agreement on language. In addition, each party is undergoing an internal decisionmaking and review process to obtain approval of final terms and conditions. The parties will act expeditiously, but these processes require more time.
(4) Consequently, the Parties request the Court to extend the deadline for submittal of the draft settlement by fourteen (14) days, or until June 26, 2015. The parties also propose at that time to submit a motion to approve the settlement along with a proposed order, with the required notification to the Court that Court may not act upon the motion until the 45-day notice period had elapsed. The parties therefore submit that a separate date to set a motion to submit is not necessary.
IT IS SO ORDERED.
