Gila River Indian Community v. United States of America et al

Filing 167

ORDER re 165 USCA Mandate, The Ninth Circuit has issued its mandate in this case, remanding this matter to the Department of the Interior for reconsideration in light of the Ninth Circuit's opinion. Doc. 165. The Court of Appeals has provided no guidance on the role of this Court with respect to the remand. This Court in other cases has entered an order remanding the matter to the federal agency and setting a date by which the agency shall complete its consideration on remand. The Court has required the new agency decision to be filed by the deadline, and has required the opposing party to indicate, within 30 days of the new decision being issued, whether it continues to contest the agency action, in which event a scheduling confer ence is held to address briefing with respect to alleged flaws in the new decision. On or before July 31, 2013 the parties shall file a joint memorandum setting forth their position on whether such an order should be entered in this case, and, if so, what time periods should be included, or whether the Court should take some other action in light of the Ninth Circuit's mandate. Signed by Judge David G Campbell on 7/17/2013. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gila River Indian Community, a federally
recognized Indian tribe, et al.,
Plaintiffs,

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Nos. CV-10-1993-PHX-DGC
CV-10-2017-PHX-DGC
CV-10-2138-PHX-DGC
ORDER

vs.
United States of America, et al.,
Defendants.

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The Ninth Circuit has issued its mandate in this case, remanding this matter to the

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Department of the Interior for reconsideration in light of the Ninth Circuit's opinion.

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Doc. 165. The Court of Appeals has provided no guidance on the role of this Court with

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respect to the remand. This Court in other cases has entered an order remanding the

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matter to the federal agency and setting a date by which the agency shall complete its

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consideration on remand. The Court has required the new agency decision to be filed by

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the deadline, and has required the opposing party to indicate, within 30 days of the new

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decision being issued, whether it continues to contest the agency action, in which event a

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scheduling conference is held to address briefing with respect to alleged flaws in the new

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decision. On or before July 31, 2013 the parties shall file a joint memorandum setting

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forth their position on whether such an order should be entered in this case, and, if so,

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what time periods should be included, or whether the Court should take some other action

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in light of the Ninth Circuit's mandate.
Dated this 17th day of July, 2013.

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