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)

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