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

Filing 82

STIPULATION and ORDER 81 modifying 69 Order governing Further Proceedings signed by District Judge Troy L. Nunley on 6/4/2013. Paragraph 4 of 69 Stipulated Order shall be modified to extend the period for filing Objections, including Motions t o Supplement the Administrative Record, from 60 to 90 days, to read as follows: (4) Federal Defendants shall lodge certified Administrative Record with Court on or before 5/17/2013. Parties may by agreement extend said deadline, which agreement shall not be unreasonably withheld. Any objections to, including Motions to supplement, the Administrative Record shall be filed on or before the 90th day following lodging of Certified Administrative Record. Parties shall meet and confer to resolve confl icts pertaining to Administrative Record, if any, prior to filing Motions with Court, which Motion(s) shall be calendared on earliest available date. Paragraph 5 of 69 Stipulated Order shall be modified to extend period for filing plaintiffs Motion (s) for Summary Judgment from 60 to 90 days after lodging of Certified Administrative Record, to read as follows: (5) plaintiffs Motion(s) for Summary Judgment shall be filed on or before laterof 90 days after lodging of Certified Administrative Rec ord, or 30 days after resolution by Court of any objections to, including Motions to Supplement, the Administrative Record. Plaintiffs shall calendar hearing on their Motion(s) for Summary Judgment on first available hearing date on or after 90th day following filing of last-filed Motion for Summary Judgment. Federal defendants combined Cross-Motion(s) for Summary Judgment and Opposition(s) to plaintiffs Motion(s) for Summary Judgment shall be filed no later than 30days after last-filed Motion f or Summary Judgment. Plaintiffs combined Opposition(s) to Defendants Cross-Motion for Summary Judgment and Reply(ies), if any, in support of their Motion(s) for Summary Judgment shall be filed no later than 30 days thereafter. Federal defendants Reply(ies), if any, in support of their Cross-Motion(s) for Summary Judgment shall be filed no later than 14 days thereafter. The remaining provisions of 69 Stipulated Order shall remain unchanged. (Marciel, M)

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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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v.
SALLY JEWELL, Secretary of the Interior, et
al.,

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Defendants.
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UNITED AUBURN INDIAN COMMUNITY
OF THE AUBURN RANCHERIA,

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STIPULATION AND ORDER TO
MODIFY ORDER GOVERNING
FURTHER PROCEEDINGS (DOCKET
NO. 69)

Plaintiff,

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CASE NO. 2:12-CV-03021-TLN-AC

CACHIL DEHE BAND OF WINTUN
INDIANS OF THE COLUSA INDIAN
COMMUNITY, a federally recognized Indian
Tribe,

Plaintiff,
v.
SALLY JEWELL, Secretary of the Interior, et
al.,
Defendants.
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STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

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Case No. 2:12-CV-03021-TLN-AC

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

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v.

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UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,

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Defendants.
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The parties, plaintiffs UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN

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RANCHERIA (“UAIC”), CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA

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INDIAN COMMUNITY (“Colusa”), CITIZENS FOR A BETTER WAY, ET AL. (“Citizens”),

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and defendants THE ESTOM YUMEKA MAIDU TRIBE OF THE ENTERPRISE

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RANCHERIA, CALIFORNIA (“Enterprise”), and defendants SALLY JEWELL,1 ET AL.

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(“Federal Defendants”), hereby stipulate and request that the Court issue the following order to

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modify the Stipulation and Order Governing Further Proceedings (Docket No. 69, entered

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Mar. 4, 2013) (“Stipulated Order”) in these consolidated cases:
Paragraph 4 of the Stipulated Order shall be modified to extend the period for filing

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objections, including motions to supplement, the Administrative Record from 60 to 90 days, to

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read as follows:

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4.

Federal Defendants shall lodge the certified Administrative Record with the Court

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

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agreement shall not be unreasonably withheld. Any objections to, including motions to

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supplement, the Administrative Record shall be filed on or before the 90th day following lodging

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of the certified Administrative Record. The Parties shall meet and confer to resolve conflicts

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pertaining to the Administrative Record, if any, prior to filing motions with the Court, which

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motion(s) shall be calendared on the earliest available date.

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Sally Jewell replaced Kenneth L. Salazar as Secretary of the Interior on April 12, 2013,
and is “automatically substituted” as a defendant in this action. See FED. R. CIV. P. 25(d).
STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

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Case No. 2:12-CV-03021-TLN-AC

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Paragraph 5 of the Stipulated Order shall be modified to extend the period for filing

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Plaintiffs’ Motion(s) for Summary Judgment from 60 to 90 days after the lodging of the certified

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Administrative Record, to read as follows:

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5.

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

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of 90 days after the lodging of the certified Administrative Record, or 30 days after resolution by

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

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Plaintiffs shall calendar the hearing on their Motion(s) for Summary Judgment on the first

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available hearing date on or after the 90th day following filing of the last-filed Motion for

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Summary Judgment. Federal Defendants’ Combined Cross-Motion(s) for Summary Judgment

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and Opposition(s) to Plaintiffs’ Motion(s) for Summary Judgment shall be filed no later than 30

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days after the last-filed Motion for Summary Judgment. Plaintiffs’ Combined Opposition(s) to

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Defendants’ Cross-Motion for Summary Judgment and Reply(ies), if any, in support of their

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Motion(s) for Summary Judgment shall be filed no later than 30 days thereafter. Federal

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Defendants’ Reply(ies), if any, in support of their Cross-Motion(s) for Summary Judgment shall

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be filed no later than 14 days thereafter.

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The remaining provisions of the Stipulated Order shall remain unchanged.

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DATED: June 4, 2013

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Respectfully submitted,
/s/ Thomas F. Gede
Thomas F. Gede (Cal. Bar. No. 99295)
[e-mail]
BINGHAM MCCUTCHEN LLP
980 9th Street, Suite 2140
Sacramento, CA 95814
–AND–
3 Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.262.9213

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Counsel for Plaintiff United Auburn Indian
Community of the Auburn Rancheria

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STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

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Case No. 2:12-CV-03021-TLN-AC

/s/ George Forman (authorized on June 3, 2013)
George Forman (Cal. Bar No. 047822)
[e-mail]
FORMAN & ASSOCIATES
4340 Redwood Hwy, Suite E352
San Rafael, CA 94903
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiff Cachil Dehe Band of Wintun
Indians of the Colusa Indian Community

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/s/ Benjamin S. Sharp (authorized on May 31, 2013)
Benjamin S. Sharp (pro hac vice)
[e-mail]
PERKINS COIE LLP
700 13th Street, NW, Suite 600
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiffs Citizens for a Better Way, et
al.

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/s/ Peter K. Dykema (authorized on June 4, 2013)
Peter K. Dykema
[e-mail]
Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
P.O. Box 663
Washington, DC 20044-0663
Telephone: [phone]
Facsimile: [phone]

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Counsel for Federal Defendants

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/s/ Nicholas C. Yost (authorized on June 3, 2013)
Nicholas C. Yost (Cal Bar. No. 35297)
[e-mail]
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendant-Intervenor Estom Yumeka
Maidu Tribe of the Enterprise Rancheria,
California

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STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

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Case No. 2:12-CV-03021-TLN-AC

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IT IS SO ORDERED.
Dated: June 4, 2013
Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

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Case No. 2:12-CV-03021-TLN-AC