In The
United States
Court of Federal Claims
No. 01-591 L
(Filed:
December
17, 2004
)
__________
KLAMATH
IRRIGATION DISTRICT, et al.,
Plaintiffs,
v.
THE
UNITED STATES,
Defendant.
__________
ORDER
__________
Pursuant
to RCFC 40.1(c), the instant case was transferred to this judge on
December 9, 2004
. While this court is aware
that this case was scheduled for oral argument on December 8, 1 2004, to resolve
one of the outstanding summary judgment motions, a review of the docket suggests
that there are a number of motions pending before the court, among them:
1.
Plaintiff’s
motion to certify individual water users as a class, filed
on
October 12, 2001
;
2.
A
motion to intervene as defendants, filed by various parties on 2
March 7, 2002
;
3.
Defendant’s motion for partial dismissal, filed on
May 6, 2002
;
___________________________
1
Previously, on
December 3, 2004
, the instant case was
transferred from Judge Diane 1 Gilbert Sypolt to Chief Judge Edward J. Damich
pursuant to RCFC 40.1(c).
2 This motion was filed on behalf of
Pacific Coast Federation of Fishermen’s 2
Associations,
Institute for Fisheries Resources, The Wilderness Society,
Klamath
Forest
Alliance
,
Oregon
Natural Resources Council,
Waterwatch of
Oregon
, Northcoast Environmental
Center, and Sierra Club.
-1-
4.
Defendant’s
cross-motion for partial summary judgement on the
question
whether plaintiffs’ beneficial interests in Klamath Project
water
is a vested property right under
Oregon
law, protected by the
Fifth
Amendment, or whether it is a contractual right, created
under
federal reclamation law and defined by contracts between
certain
plaintiffs and the
United States
, filed
October 2, 2003
;
5.
Plaintiff’s
cross-motion for summary judgment to establish liability
of
the defendant under the takings claim, filed on
January 27, 2004
,
and
held in abeyance by court order of
March 23, 2004
;
6.
Plaintiff’s
cross-motion for partial summary judgment on the status
of
individual plaintiffs as third-party beneficiaries, filed on March
31,
2004; and
7.
Defendant’s
cross-motion for partial summary judgment on the
question
whether the individual plaintiffs have standing to bring
contract
claims as intended third party beneficiaries, filed on April
26,
2004.
Also
potentially affecting this case is the future course of
Tulare
Lake
Basin
, et. al. v. United
States, No.
98-00101, before Judge Weiss, where an opinion on liability and damages has been
issued, but final judgment has not been entered. See
Tulare Lake Basin Water Storage District, et. al. v.
United States
, 61 Fed. Cl. 624 (2004);
Tulare
Lake
Basin
, 59 Fed. Cl. 246 (2003);
Tulare
Lake
Basin
, 49 Fed. Cl. 313 (2001). In
addition, the court is aware that the Supreme Court has granted certiorari in a
case, Orff
v. United States,
that potentially could impact the resolution of this case, and that oral
argument in that case has been scheduled for
February 23, 2005
. See
Orff v.
United States
, 125
S. Ct.
309 (2004). Finally, another
issue pending before this court is how to deal systematically with various
requests for amicus
curiae participation
herein.
In light
of these issues, on or before
January 28, 2005
, each party shall file a
status report indicating how this case should proceed, commenting, in
particular, upon the pending motions and developments listed above. On or before
this date, the applicants for intervention and amicus
curiae status also
may file such a status report. Along with addressing the above issues, the
parties, as well as any others filing a status report, shall indicate, in
summary fashion, whether their views on any of the pending motions have changed
since their prior filings. The status reports shall also advise the court of any
other matters not listed above (e.g.,
lawsuits pending in other courts) that may affect how this case should proceed.
The parties and other potential participants in this litigation are encouraged
to consult in advance of the filing of these status reports and may file such
reports jointly to the extent appropriate.
-2-
A status
conference to discuss these matters and to establish a schedule for further
proceedings shall be held on
Monday, February 14, 2005
, at
10:00 a.m.
(EST), in the United States
Court of Federal Claims,
National
Courts
Building
,
717 Madison Place, N.W.
,
Washington
,
D.C.
The courtroom location will
be posted in the lobby of the courthouse on the day of the hearing. Applicants
for intervention and amicus
curiae will be
given the opportunity to be heard at this status conference, and shall indicate
in their status report whether they wish to take advantage of that opportunity.
Finally,
the Clerk is directed to issue notice of this order to counsel for the
applicants for intervention, Pacific Coast Federation of Fishermen’s
Associations, Institute for Fisheries Resources, The Wilderness Society, Klamath
Forest Alliance, Oregon Natural Resources Council, Waterwatch of Oregon,
Northcoast Environmental Center, and Sierra Club, and to counsel for amicus
curiae, the State
of Oregon, Yurok Tribe, Klamath Tribes, and Natural Resources Defense Council.
IT
IS SO ORDERED.
s/Francis
M. Allegra
Francis
M. Allegra
Judge
-3-
