Shingle Springs Band of Miwok Indians v. Caballero

Filing 119

STIPULATION and ORDER signed by Judge John A. Mendez on 11/2/2010 ORDERING 117 All deadlines in the action before this Court are taken off calendar, and all discovery deadlines are STAYED, pending further order of the Court; No later than 1/28/2011 , and every 90 days thereafter so long as the action remains stayed, the parties shall file a joint status report; The schedule set by the parties shall require Mr. Caballero, no later than 14 days after the filing of the joint status report terminat ing the stay, to comply with Judge Drozd's order on the motion to compel; Any stay of the action shall not affect the force and effect of the preliminary injunction the Court issued on 9/15/2010, and the Tribe may seek and the Court may grant any relief necessary to effectuate the injunction, notwithstanding this stipulation and order.(Reader, L)

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1 2 3 4 5 6 7 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 PAULA M. YOST (State Bar No. 156843) paula.yost@snrdenton.com IAN R. BARKER (State Bar No. 240223) ian.barker@snrdenton.com SNR DENTON US LLP 525 Market Street, 26th Floor San Francisco, CA 94105-2708 Telephone: (415) 882-5000 Facsimile: (415) 882-0300 Attorneys for Plaintiff SHINGLE SPRINGS BAND OF MIWOK INDIANS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SHINGLE SPRINGS BAND OF MIWOK INDIANS, Plaintiff, v. CESAR CABALLERO, Defendant. Plaintiff Shingle Springs Band of Miwok Indians (hereinafter "Tribe"), a sovereign Indian tribe formally recognized by the United States, and defendant Cesar Caballero, by and through their respective counsel of record, hereby stipulate and agree as follows, and respectfully request that the Court approve and give effect to their stipulation: WHEREAS, on May 28, 2010, the Court issued an order setting various deadlines for this action; WHEREAS, Mr. Caballero's counsel has been informed that Mr. Caballero is under criminal investigation that may have a relationship to the Tribe's claims in this action; WHEREAS, Mr. Caballero has since objected to certain of the Tribe's discovery requests on the basis of rights against self-incrimination; CASE NO. 2:08-CV-03133-JAM-DAD STIPULATION AND ORDER STAYING THE ACTION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1No. 2:08-CV-03133-JAM-DAD PDF created with pdfFactory trial version www.pdffactory.com STIPULATION AND [PROPOSED] ORDER STAYING THE ACTION 1 2 3 4 5 6 7 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 WHEREAS, the parties believe that a stay of this action would permit them to evaluate the impact of possible criminal proceedings on this litigation and potentially avoid discovery disputes given the pending criminal investigation, disputes that could be mooted by future events, such as abandonment of the criminal investigation or the completion of criminal proceedings, if any; WHEREAS, the parties believe they will be in a better position to evaluate the ability to proceed with this civil action, and conduct the discovery needed for the Tribe's claims and Mr. Caballero's defenses, once the status of the criminal action (if any) is resolved; WHEREAS, in response to the Tribe's motion to compel, Magistrate Judge Dale A. Drozd, by order filed September 7, 2010, ordered Mr. Caballero to conduct a thorough search and produce all documents responsive to the Tribe's First Set of Requests for Production of Documents that he has not previously produced, along with a declaration signed under penalty of perjury describing clearly and in detail the nature, scope, and results of the search undertaken; WHEREAS, Judge Drozd thereafter granted Mr. Caballero's request for a thirty-day extension, to November 1, 2010, to comply with the Court's order filed September 7, 2010, to permit Mr. Caballero to retain criminal defense counsel to evaluate his rights in this civil action under the Fifth Amendment; WHEREAS, the Tribe has served on Mr. Caballero a Second Set of Requests for Production and a First Set of Interrogatories, responses to which were due no later than October 15, 2010; WHEREAS, a stay of this action is necessary to ensure that the Tribe is able to conduct, and receive complete responses to, all discovery to which it is entitled in this action; WHEREAS, on September 15, 2010, the Court issued a preliminary injunction against Mr. Caballero directing him, among other things, not to "use, or represent to third parties, including the United States government, that he is associated with or a representative of, the `Shingle Springs Band of Miwok Indians,' the `Shingle Springs Rancheria,' the `Shingle Springs Miwok Tribe,' the `Shingle Springs Miwok Indians,' or any confusingly similar variation thereof"; WHEREAS, Mr. Caballero has filed a notice of appeal of the Court's order of September 15, 2010, and the parties agree that the stay effected by this stipulation shall affect only the -2No. 2:08-CV-03133-JAM-DAD STIPULATION AND [PROPOSED] ORDER STAYING THE ACTION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 proceedings before this Court and shall not operate as a stay of the proceedings now pending before the Ninth Circuit Court of Appeals. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the parties that: 1. All deadlines in the action before this Court shall be taken off calendar, and all discovery deadlines stayed, pending further order of the Court; 2. No later than January 28, 2010, and every 90 days thereafter so long as the action remains stayed, the parties shall file a joint status report, informing the Court as to whether they remain in agreement that the action should remain stayed; 3. If, at the time a joint status report is due, either party does not agree that the action should remain stayed, the parties shall meet and confer and stipulate in the joint status report to a schedule for completing the events remaining in the litigation (or, if the parties are unable to agree, the parties shall set forth separate proposed schedules in the joint status report); 4. The schedule set by the parties shall require Mr. Caballero, no later than 14 days after the filing of the joint status report terminating the stay, to comply with Judge Drozd's order on the motion to compel, respond to the Tribe's Second Set of Requests for Production, and respond to the Tribe's First Set of Interrogatories; 5. The schedule set by the parties shall provide the Tribe sufficient time to take Mr. Caballero's deposition following Mr. Caballero's compliance with his outstanding discovery obligations, and shall allow sufficient time after such deposition for the Tribe to serve and for Mr. Caballero to respond to any additional discovery prior to the discovery deadline; and 6. Any stay of the action shall not affect the force and effect of the preliminary injunction the Court issued on September 15, 2010, and the Tribe may seek and the Court may grant any relief necessary to effectuate the injunction, notwithstanding this stipulation and order. IT IS SO STIPULATED. -3No. 2:08-CV-03133-JAM-DAD STIPULATION AND [PROPOSED] ORDER STAYING THE ACTION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 Respectfully submitted, Dated: November 2, 2010 SNR DENTON US LLP By /s/ Ian R. Barker IAN R. BARKER . Attorneys for Plaintiff SHINGLE SPRINGS BAND OF MIWOK INDIANS Dated: November 1, 2010 BRAD CLARK ATTORNEY AT LAW 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By /s/ Brad Clark (authorized November 1, 2010) BRAD CLARK Attorney for Defendant CESAR CABALLERO -4No. 2:08-CV-03133-JAM-DAD PDF created with pdfFactory trial version www.pdffactory.com STIPULATION AND [PROPOSED] ORDER STAYING THE ACTION 1 2 3 4 5 6 7 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 ORDER The parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED THAT: 1. All deadlines in the action before this Court are taken off calendar, and all discovery deadlines are stayed, pending further order of the Court; 2. No later than January 28, 2011, and every 90 days thereafter so long as the action remains stayed, the parties shall file a joint status report, informing the Court as to whether they remain in agreement that the action should remain stayed; 3. If, at the time a joint status report is due, either party does not agree that the action should remain stayed, the parties shall meet and confer and stipulate in the joint status report to a schedule for completing the events remaining in the litigation (or, if the parties are unable to agree, the parties shall set forth separate proposed schedules in the joint status report); 4. The schedule set by the parties shall require Mr. Caballero, no later than 14 days after the filing of the joint status report terminating the stay, to comply with Judge Drozd's order on the motion to compel, respond to the Tribe's Second Set of Requests for Production, and respond to the Tribe's First Set of Interrogatories; 5. The schedule set by the parties shall provide the Tribe sufficient time to take Mr. Caballero's deposition following Mr. Caballero's compliance with his outstanding discovery obligations, and shall allow sufficient time after such deposition for the Tribe to serve and for Mr. Caballero to respond to any additional discovery prior to the discovery deadline; and 6. Any stay of the action shall not affect the force and effect of the preliminary injunction the Court issued on September 15, 2010, and the Tribe may seek and the Court may grant any relief necessary to effectuate the injunction, notwithstanding this stipulation and order. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5No. 2:08-CV-03133-JAM-DAD PDF created with pdfFactory trial version www.pdffactory.com STIPULATION AND [PROPOSED] ORDER STAYING THE ACTION 1 2 3 4 5 6 7 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 DATED: November 2, 2010 /s/ John A. Mendez_____________ Honorable John A. Mendez United States District Court Judge 27355645 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6No. 2:08-CV-03133-JAM-DAD STIPULATION AND [PROPOSED] ORDER STAYING THE ACTION PDF created with pdfFactory trial version www.pdffactory.com

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