Bernhardt

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

4 NATURAL RESOURCES DEFENSE Case No. 1:05-cv-01207 LJO-EPG COUNCIL, et al.,

ORDER REQUESTING

6 Plaintiffs, SUPPLEMENTAL BRIEFING RE

MOTION TO DISMISS SEVENTH

vs. CLAIM FOR RELIEF.

DAVID BERNHARDT, Acting Secretary, U.S. Department of the Interior, et al.,

ECF NO. 1381

9 Defendants.

SAN LUIS & DELTA MENDOTA WATER

AUTHORITY, et al.,

Defendant-Intervenors.

ANDERSON-COTTONWOOD IRRIGATION

DISTRICT, et al.,

Joined Parties.

Before the Court for decision is Federal Defendants’ motion to dismiss as moot the seventh

claim for relief. ECF No. 1381. For the reasons set forth below, the Court orders supplemental briefing.

The assigned magistrate judge succinctly summarized much of the relevant procedural history:

Plaintiff Natural Resources Defense Council (“NRDC”) [ ] subpoenaed the deposition testimony of two employees of [non-party] National Marine

Fisheries Service (“NMFS”). NMFS is a component of the National Oceanic and Atmospheric Administration…