Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Salazar et al

Filing 69

STIPULATION and ORDER Governing Further Proceedings signed by Judge John A. Mendez on 2/28/13. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CACHIL DEHE BAND OF WINTUN INDIANS )
OF THE COLUSA INDIAN COMMUNITY, a
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federally recognized Indian Tribe,
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Plaintiff,
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vs.
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KENNETH SALAZAR, Secretary of the Interior; )
KEVIN WASHBURN, Assistant Secretary of the )
Interior - Indian Affairs; MICHAEL BLACK,
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Director, United States Bureau of Indian Affairs; )
and AMY DUTSCHKE, Director, Pacific Region, )
Bureau of Indian Affairs,
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Defendants.
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UNITED AUBURN INDIAN COMMUNITY OF )
THE AUBURN RANCHERIA,
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Plaintiff,
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vs.
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KENNETH SALAZAR, Secretary of the Interior, )
et al.,
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Defendants.
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CASE NO.: 2:12-CV-03021-JAM-AC
STIPULATION AND ORDER
GOVERNING FURTHER
PROCEEDINGS

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STIPULATION AND [PROPOSED] ORDER
GOVERNING FURTHER PROCEEDINGS

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Case No. 2:12-cv-03021-JAM-AC

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STAND UP FOR CALIFORNIA!, GRASS
VALLEY NEIGHBORS, WILLIAM F.
CONNELLY, JAMES M. GALLAGHER, ANDY
VASQUEZ, DAN LOGUE, ROBERT
EDWARDS, and ROBERTO'S RESTAURANT,

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Plaintiffs,
vs
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UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.

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Defendants

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The parties, plaintiffs CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA

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INDIAN COMMUNITY ("Colusa"), UNITED AUBURN INDIAN COMMUNITY OF THE

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AUBURN RANCHERIA ("Auburn"), CITIZENS FOR A BETTER WAY, ET AL. ("Citizens"), and

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defendants THE ESTOM YUMEKA MAIDU TRIBE OF THE ENTERPRISE RANCHERIA

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CALIFORNIA ("Enterprise"), and DEFENDANTS KENNETH A. SALAZAR, ET AL. ("Federal

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Defendants"), hereby stipulate and request that the Court issue the following order to govern further

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proceedings in these consolidated cases.

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1.

Plaintiffs' motions for Preliminary Injunction shall be taken off the Court's March 20,

2013 calendar.
2.

The notice period to which Enterprise has committed (referenced on pages 9-10 of the

Court's January 30 Order, Doc. #57) shall be increased from 30 days to 60 days.
3.

Upon receipt of such notice from Enterprise that activity will commence at the

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Proposed Site, Plaintiffs shall have fifteen days to file any motion(s) for injunctive relief, and shall

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seek to calendar any hearing on the motion within 60 days of receipt of such notice.

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4.

Federal Defendants shall lodge the certified Administrative Record with the Court on

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or before May 17, 2013. The Parties may by agreement extend said deadline, which agreement shall

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not be unreasonably withheld. Any objections to, including motions to supplement, the

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Administrative Record shall be filed on or before the 60th day following lodging of the certified

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Administrative Record. The Parties shall meet and confer to resolve conflicts pertaining to the
STIPULATION AND [PROPOSED] ORDER
GOVERNING FURTHER PROCEEDINGS

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Case No. 2:12-cv-03021-JAM-AC

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Administrative Record, if any, prior to filing motions with the Court, which motion(s) shall be

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calendared on the earliest available date.

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5.

Plaintiffs' Motion(s) for Summary Judgment shall be filed on or before the later of 60

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days after the lodging of the certified Administrative Record, or 30 days after resolution by the Court

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of any objections to, including motions to supplement, the Administrative Record. Plaintiffs shall

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calendar the hearing on their Motion(s) for Summary Judgment on the first available hearing date on

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or after the 90th day following filing of the last-filed Motion for Summary Judgment. Federal

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Defendants' Combined Cross-Motion(s) for Summary Judgment and Opposition(s) to Plaintiffs'

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Motion(s) for Summary Judgment shall be filed no later than 30 days after the last-filed Motion for

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Summary Judgment. Plaintiffs' Combined Opposition(s) to Defendants' Cross-Motion for Summary

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Judgment and Reply(ies), if any, in support of their Motion(s) for Summary Judgment shall be filed

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no later than 30 days thereafter. Federal Defendants' Reply(ies), if any, in support of their

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Cross-Motion(s) for Summary Judgment shall be filed no later than 14 days thereafter.

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6.

Enterprise shall be entitled to file its Combined Cross-Motion(s) for Summary

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Judgment and Opposition(s) to Plaintiffs' Motion(s) for Summary Judgment and Reply(ies), if any, in

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support of its Motion(s) For Summary Judgment on the same schedule as Federal Defendants.

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Enterprise shall be subject to the limits set forth in the Parties' February 8, 2013 Joint Status Report

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(Doc. #61), as approved in the Court's February 12, 2013 Minute Order (Doc. #64).

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7.

The Parties are exempt from filing initial disclosures under Federal Rule of Civil

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Procedure 26(a)(1) because this is an action for review on an administrative record without prejudice

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to any objections the Parties may have to the Administrative Record.

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8.

All non-dispositive motions shall be presented to the assigned Magistrate Judge for

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resolution.

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Dated: February 26, 2013
STIPULATION AND [PROPOSED] ORDER
GOVERNING FURTHER PROCEEDINGS

Respectfully Submitted,
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Case No. 2:12-cv-03021-JAM-AC

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/s/ George Forman
GEORGE FORMAN
FORMAN & ASSOCIATES
4340 Redwood Hwy, Suite E352
San Rafael, CA 94903
Tel: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff the CACHIL DEHE BAND OF
WINTUN INDIANS OF THE COLUSA INDIAN
COMMUNITY

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/s/ Thomas F. Gede
THOMAS F. GEDE
BINGHAM MCCUTCHEN LLP
980 9th Street, Suite 2140
Sacramento, CA 95814
-and3 Embarcadero Center
San Francisco, CA 94111
Tel: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff the UNITED AUBURN INDIAN
COMMUNITY OF THE AUBURN RANCHERIA

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/s/ Benjamin S. Sharp
BENJAMIN S. SHARP (pro hac vice)
PERKINS COIE LLP
700 13th Street, N.W. Suite 600
Washington, DC 20005
Tel: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs CITIZENS FOR A BETTER
WAY, et al.

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IGNACIA S. MORENO
Assistant Attorney General

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STIPULATION AND [PROPOSED] ORDER
GOVERNING FURTHER PROCEEDINGS

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Case No. 2:12-cv-03021-JAM-AC

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/s/ Peter Kryn Dykema
PETER KRYN DYKEMA
STEVEN E. MISKINIS
Trial Attorneys
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
P.O. Box 663
Washington, DC 20044-0663
Tel: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for the FEDERAL DEFENDANTS
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/s/ Nicholas C. Yost
NICHOLAS C. YOST
SNR DENTON US LLP
525 Market St., 26th Floor
San Francisco, CA 94105
Tel: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Intervenor the
ESTOM YUMEKA MAIDU TRIBE OF THE
ENTERPRISE RANCHERIA, CALIFORNIA

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So Ordered.
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Dated: 2/28/2013

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/s/ John A. Mendez
Hon. John A. Mendez
U.S. District Court Judge

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STIPULATION AND [PROPOSED] ORDER
GOVERNING FURTHER PROCEEDINGS

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Case No. 2:12-cv-03021-JAM-AC