Napoles et al v. Rogers et al

Filing 14

ORDER GRANTING 13 Stipulation to Continue Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/17/2017. Joint report due by 6/6/2017. Initial Scheduling Conference CONTINUED to 6/22/2017 at 08:30 AM in Bakersfield, 510 19 th Street before Magistrate Judge Jennifer L. Thurston. Telephonic appearances are authorized. Counsel may appear via teleconference by dialing [phone] and entering Access Code 1652736, provided a written notice of the intent to appear telephonically is provided by e-mail to [e-mail] no later than five court days before the hearing date. (Hall, S)

Case 1:16-cv-01933-DAD-JLT Document 13 Filed 03/15/17 Page 1 of 4

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Jack Duran
DURAN LAW OFFICE
4010 Foothills Blvd., S-103, N.98
Roseville, CA 95747
[phone]
[phone] (fax)
[e-mail]
Attorney for Petitioners
Andrea Seielstad, Pro Hac Vice
UNIVERSITY OF DAYTON
SCHOOL OF LAW
300 College Park
Dayton, OH 45469-2750
[phone]
[phone] (fax)
[e-mail]
Attorney for Petitioners

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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RONALD NAPOLES, LAURINE
NAPOLES, RICK NAPOLES, MARK
NAPOLES, JAMES NAPOLES, DEBRA
WILLIAMS, and WADE WILLIAMS,

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CASE NO. 1:16-cv-01933-DAD-JLT
STIPULATED REQUEST TO
CONTINUE SCHEDULING
CONFERENCE:
[PROPOSED] ORDER

Petitioners

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vs.

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DESTON ROGERS, JEFF ROMERO,
BRIAN PONCHO, EARLEEN WILLIAMS,
WILLIAM “BILL” VEGA, IN THEIR
INDIVIDUAL AND OFFICIAL
CAPACITIES AS REPRESENTATIVES OF
THE BISHOP PAIUTE TRIBAL
COUNCIL; BISHOP PAIUTE TRIBAL
COUNCIL; TRIBAL COURT JUDGE BILL
KOCKENMEISTER IN HIS INDIVIDUAL
OFFICIAL CAPACITY

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(Doc. 13)

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Respondents.
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The above named Petitioners (“Petitioners”) and Respondents (“Respondents”) hereby

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stipulate, pursuant to Local Rule (LR) 143, to continue the Scheduling Conference, currently set for

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March 30, 2017, 8:30 a.m. before United States Magistrate Judge Jennifer L. Thurston.

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1.

Status of Filings and Service.
-1STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE

Case 1:16-cv-01933-DAD-JLT Document 13 Filed 03/15/17 Page 2 of 4

The status of service is as follows:

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On December 29, 2016, Petitioners’ legal counsel Jack Duran filed the Petition,

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followed by a First Amended Petition (“FAP”) filed on January 28, 2017. Petitioners

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mailed the FAP and related documents, including the Summons, to Respondents’ legal

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counsel on February 7, 2017.

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After discussions as to the validity of services of the Summons and Petitions,

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Petitioners sent a Waiver of Service of Summons. Respondent Tribal Council

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members, by and through their legal counsel, returned the Waiver on February 27, 2017.

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Respondent Judge Kockenmeister returned the Waiver to Petitioner’s legal counsel on
March 8, 2017.

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2.

Factual Basis for Proposed Order.

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Respondents’ responsive pleadings are due on April 10, 2017.

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No Respondent has made an appearance in this case.

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Respondents will challenge the venue and jurisdictional basis of the FAP by way of a

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Motion to Dismiss pursuant to Rule 12(b) of the Federal Rules of Federal Procedure,

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including, but not limited to:

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o The Court lacks subject matter jurisdiction;

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o The Court lacks personal jurisdiction;

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o The Federal Court is not the proper venue to hear Petitioners’ claim; and

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o Petitioners have failed to state a claim upon which relief can be granted by the

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Federal Court.

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Should the motions be successful, there would be no need for the Court to schedule any

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further proceedings in this case.

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The parties are mindful of the Court’s resources, and therefore stipulate and request a

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continuance of the Joint Scheduling Conference and the related filings for ninety (90)

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days. The parties suggest the following revised dates:

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o June 6, 2017; Joint Scheduling Conference Statement due date.

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o June 22, 2017; Continued Joint Scheduling Conference.
-2STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE

Case 1:16-cv-01933-DAD-JLT Document 13 Filed 03/15/17 Page 3 of 4

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No prior extensions have been sought or granted. (LR 144(b).)

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Dated: March 15, 2017

DURAN LAW OFFICE

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By:
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Dated: March 15, 2017

/s/Jack Duran
Jack Duran

ANDREA SEIELSTAD, (Pro Hac Vice)
UNIVERSITY OF DAYTON SCHOOL OF LAW

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By:
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/s/ Andrea Seielstad____________
Andrea Seielstad
(as authorized on March 15, 2017)
Attorneys for Petitioners

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Dated: March 15, 2017

LAW OFFICE OF ANNA KIMBER

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By:
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Dated: March 15, 2017

/s/Anna S. Kimber
Anna S. Kimber
(as authorized on March 15, 2017)
Attorney for Respondents
Deston Rogers, Jeff Romero, Brian Poncho,
Earleen Williams, William “Bill” Vega, in
their individual and Official Capacities as
Representatives of the Bishop Paiute Tribal
Council; and Bishop Paiute Tribal Council

BRADY & VINDING
By: ___/s/ Michael E. Vinding______________
Michael E. Vinding
(as authorized on March 15, 2017)
Attorney for Respondent
Judge Kockenmeister

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-3STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE

Case 1:16-cv-01933-DAD-JLT Document 13 Filed 03/15/17 Page 4 of 4

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ORDER

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND ORDERED AND

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DECREED BY THE COURT, AS FOLLOWS:
Good cause appearing, the Joint Scheduling Conference scheduled for March 30, 2017,

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8:30 a.m. is vacated and rescheduled for June 22, 2017. The Joint Scheduling Conference

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Statement due date is now June 6, 2017.

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IT IS SO ORDERED.

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Dated: March ___, 2017

_________________________________
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-4STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE