Alturas Indian Rancheria v. Salazar, et al

Filing 99

ORDER signed by Senior Judge Lawrence K. Karlton on 8/2/11, ORDERING that the 8/10/2011 hearing on Plaintiff's 81 Motion for Partial Summary Judgment, is VACATED. A hearing on whether to lift the stay is SET for 8/15/2011 at 10:00 AM in Court room 4 (LKK) before Senior Judge Lawrence K. Karlton. Briefs in support or in opposition to lifting the stay are DUE on 8/9/2011. In lieu of briefs in support and opposition, the parties MAY file a stipulation agreeing to lift the stay of this matter.(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTURAS INDIAN RANCHERIA,
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NO. CIV. S-10-1997 LKK/EFB
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Plaintiff,
v.
O R D E R

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KENNETH L. SALAZAR,
et al.,

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Defendants.
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A hearing on plaintiff’s Motion for Partial Summary Judgment,
ECF No. 81 is currently set for August 10, 2011.

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In an order dated March 31, 2011, this court STAYED this

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matter pending final resolution of the administrative adjudication

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of the governance dispute within the Department of the Interior.

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The Department’s Interior Board of Indian Appeals (IBIA) has not

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yet issued a decision on the Del Rosa faction’s appeal of the

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October 22, 2010 decision by the Department. See Pl.’s Memo 9:9-10,

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ECF No. 81-1; Def.’s Oppo Memo 7:4, ECF No. 92. The court notes

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that briefing on the IBIA appeal was completed on April 22, 2011,
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but the IBIA has not yet rendered a decision. Pl.’s Memo 9:9-10.

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Plaintiff’s motion is therefore not cognizable given the court’s

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order staying this matter.

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Accordingly, the court ORDERS as follows:

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[1] The August 10, 2011 hearing on Plaintiff’s Motion

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for Partial Summary Judgment, ECF No. 81, is VACATED.

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[2] A hearing on whether to lift the stay is SET for

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August 15, 2011. Briefs in support or in opposition to

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lifting the stay are due on August 9, 2011.

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[3] In lieu of briefs in support and opposition, the

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parties MAY file a stipulation agreeing to lift the stay

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of this matter.

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IT IS SO ORDERED.

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DATED:

August 2, 2011.

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