City of Fernley v. United States Bureau of Reclamation

1 CHRISTOPHER CHIOU, Acting United States Attorney GREG ADDINGTON, Assistant United States Attorney Bruce R. Thompson U.S. Courthouse & Federal Bldg. 400 South Virginia Street, Suite 900 Reno, Nevada 89501 Tel: (775) 334-3347 TODD KIM, Assistant Attorney General EVE W. MCDONALD, Trial Attorney (CO Bar No. 26304) JEFFREY S. THOMAS, Trial Attorney (VA Bar No. 86439) United States Department of Justice Environment and Natural Resources Division 18th Street, South Terrace, Suite 370 Denver, Colorado 80202 Tel: (303) 844-1381/Fax: (303) 844-1350 Email: [email protected] 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA CITY OF FERNLEY, a political ) subdivision of the State of Nevada, ) ) 15 Case Number: 3:21-cv-119-MMD Plaintiff, ) 16 ) FEDERAL DEFENDANTS’ UNOPPOSED v. ) 17 ) MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR STAY OF ERNEST A. CONANT, Regional ) 18 DISCOVERY Director; UNITED STATES BUREAU ) OF RECLAMATION, ) ) 20 Defendants. ) ) Ernest Conant and the United States Bureau of Reclamation (collectively “Federal Defendants”) hereby move for an extension of time until August 23 to file any motion for stay of discovery.

The Court’s July 26th Order gave the parties three options to file papers by today’s date.

The third option was an opposed motion to stay discovery. The parties have conferred extensively and today filed a joint Rule 26(f) report and proposed discovery plan. But it became apparent on August 6th that the parties cannot agree on the date to start discovery on two claims, despite Federal Defendants’ agreement to expedite production of the Administrative Record and || the parties’ agreement that any mitial disclosures on the DJA and Nuisance claims are due || October 8th. This did not leave time to circulate, receive approval of and file a motion on the || disputed issue by today. As stated in the Jomt Rule 26(f) Report, Defendants wish to reserve the || right to move for a stay of discovery under 7radebay and other factors. 278 F.R.D. 597 (2011).

5 || However, because the Court’s July 26th Order may be interpreted to require that any motion for || stay of discovery must be filed by today in addition to the Jomt Report, the Federal Defendants || asked Plamtiffs if they would object to a motion for extension of time. Both Plaintiffs expressed || their belief that the filng of this motion is contrary to the Court’s prior instruction. However, || Fernley has stated it will not file an opposition to this motion if the requested extension is only || until August 23. Plaintiffs Stix and Edmonston have stated they take no position on the motion.

1] Federal Defendants therefore request that the Court allow for motions to stay discovery to || be filed by August 23.

13 Respectfully submitted this 9th day of August, 2021, by: 14 CHRISTOPHER CHIOU Acting United States Attorney 15 GREG ADDINGTON 16 Assistant United States Attorney 17 TODD KIM Assistant Attorney General 19 (s/Eve W. McDonald EVE W. MCDONALD 20 JEFFREY S$. THOMAS Trial Attorneys 21 U.S. Department of Justice Environment and Natural Resources Division ITISSQ ERED.

26 Magistrate Judge Carla Baldwin United States Digtrict Court 28 DATED: _ August 11,2021 CASE NO. 3:21-CV-00119- MMD-CLB 1 CERTIFICATE OF SERVICE 2 I hereby certify that on August 9, 2021, I electronically filed the foregoing with the Clerk of the Court via the CM/ECF system, which will send notification to the attorneys of record in this case.

5 /s/ Eve W. McDonald EVE W. MCDONALD