City of Fernley, BOR file joint request for mediation of city’s lawsuit over lining of canal
Robert Perea, The Fernley Reporter
Following the amended complaint filed by the City of Fernley June 1 and a response filed June 15 by the Bureau of Reclamation, the two parties have jointly filed a request for mediation to discuss a settlement of the City’s lawsuit to stop the lining of a portion of the Truckee-Carson Irrigation District Canal through Fernley.
The City filed the amended complaint after a ruling by the U.S. 9th Circuit Court of Appeals that the District Court in the case, Miranda Du, erred in not allowing the city to amend its complaint when she dismissed the city’s lawsuit last December, then denied the city’s petition to amend the complaint on Jan. 10.
According to the joint petition requesting mediation, the parties met and conferred on July 13 regarding case scheduling and the possibility for settlement. As a result of that discussion, the parties believe that a settlement conference mediated by a magistrate judge may be helpful in resolving the case.
In the petition, the parties jointly request that the Court enter an order referring the matter to a magistrate judge to conduct a mediated settlement conference. In the event that the settlement conference does not successfully resolve this case, the parties will jointly submit a proposed scheduling order within 14 days of the conclusion of the mediated settlement process.
Judge Du dismissed the City’s original lawsuit, ruling that the City’s interests in the case were economic, not environmental. The City filed the amended complaint June 1 to reiterate its environmental claims. In its response, the BOR denies that the City is entitled to its requested relief, and asks the Court to dismiss the City’s complaint and render judgment against the City.
