Picayune Rancheria of Chukchansi Indians v. United States Department of the Interior et al

Filing 40

ORDER AUTHORIZING PLAINTIFF TO FILE SUPPLEMENTAL BRIEFING, signed by District Judge Anthony W. Ishii on 7/11/2017. (Kusamura, W)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS 13 14 15 16 17 CASE NO. 1:16-CV-0950-AWI-EPG ORDER AUTHORIZING PLAINTIFF TO FILE SUPPLEMENTAL BRIEFING Plaintiff, v. UNITED STATES DEPARMENT OF THE INTERIOR; SALLY JEWELL, Secretary of the Interior; and LAWRENCE S. ROBERTS, Acting Assistant Secretary of the Interior for Indian Affairs, 18 Defendants. 19 20 The parties to this action completed briefing on cross-motions for summary judgment on 21 May 25, 2017. Roughly one month later, intervenor-defendant North Fork Rancheria of Mono 22 Indians (“North Fork”) submitted a notice of supplemental authority, modifying its position 23 regarding the propriety of a stay. Doc. 38. Plaintiff Picayune Rancheria of Chukchansi Indians 24 (“Chukchansi”) objects to what it characterizes as supplemental substantive briefing on the 25 propriety of a stay. Doc. 39. Chukchansi is correct that North Fork walked back its prior position 26 regarding the propriety of a stay and now suggests that the Ninth Circuit has conclusively 27 decided that the test for whether a stay should issue in this situation is governed by the Colorado 28 River standard rather than the Landis standard. Doc. 38 at 2; see Colorado River Water 1 1 Conversation District v. United States, 424 U.S. 800 (1976); Landis v. North American Co., 299 2 U.S. 248 (1936). In support of that argument, North Fork relies upon authority long preceding 3 the parties’ briefing in this case. See Doc. 38 at 2-3 (citing, inter alia, Minucci v. Agrama, 868 4 F.2d 113, 1115 (9th Cir. 1989)). 5 Chukchansi asks the court to either disregard the unauthorized supplemental briefing or 6 afford Chukchansi an opportunity to respond when its lead counsel returns from his time abroad. 7 Doc. 39 at 3. The issue briefed by North Fork is of significance to the Court. Accordingly, the 8 latter request will be granted. Chukchansi will be permitted to file a responsive brief, not to 9 exceed eight pages, no later than August 8, 2017. That briefing may only address the standard to 10 be applied in determining whether to issue a stay. 11 12 IT IS SO ORDERED. 13 Dated: July 11, 2017 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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