United States v. Electron Hydro LLC

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 9 UNITED STATES OF AMERICA, et al., CASE NO. C20-1746-JCC 10 Plaintiffs, and MINUTE ORDER 11 PUYALLUP TRIBE OF INDIANS, et al., RELATES TO: 12 C21-5171-JCC Plaintiff-Intervenors, 13 v. 14 ELECTRON HYDRO, LLC, and THOM A. 15 FISCHER, 16 Defendants. 17 18 The following Minute Order is made by direction of the Court, the Honorable John C. 19 Coughenour, United States District Judge: 20 This matter comes before the Court on the Government’s reply brief (Dkt. No. 95) and 21 Community for a Health Bay and Puget Soundkeeper Alliance’s (the “Organizations”) motion to 22 strike (Dkt. No. 96). In its reply brief, the Government offers to file under seal documents 23 supporting its contention regarding the state of Defendant Electron Hydro, LLC’s finances. (See 24 Dkt. No. 95 at 6 n.6.) The Court would find these documents useful. Accordingly, the 25 Government is ORDERED to provide them to the Court, along with a supporting declaration, by 26 1 May 11, 2022. These items may be filed under seal. 2 Separately, the Organizations move to strike from the Government’s reply brief its 3 suggested compromise of a six-month stay of entry of the proposed consent decree. (Dkt. No. 96 4 at 2; see Dkt. No. 95 at 7.) Although the Court does not view the Government’s request to be a 5 wholly new argument, see Zamani v. Carnes, 491 F.3d 990, 997 (9th Cir. 2007) (wholly new 6 arguments may not be made on reply), because the Organizations did not brief the issue, they 7 may file a surreply, limited to four pages, directed solely at the Government’s arguments 8 regarding the duration of a stay and the state of Electron Hydro, LLC’s financial condition. The 9 Organization’s surreply is due May 13, 2022. 10 The Clerk is DIRECTED to renote the Organizations’ motion for entry of a consent 11 decree (Dkt. No. 75) and the Government’s motion to stay (Dkt. No. 85) to May 13, 2022. 12 13 DATED this 2nd day of May 2022. Ravi Subramanian 14 Clerk of Court 15 s/Sandra Rawski 16 Deputy Clerk 17 18 19 20 21 22 23 24 25 26