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

Filing 85

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/13/2013 ORDERING 79 that the Stipulation and Order Governing Further Proceedings 69 : Paragraph 4 of the Stipulated Order shall be MODIFIED to reflect that Federal Defendants timel y lodged the Administrative Record, that Plaintiffs have raised objections regarding the Administrative Record, and that the Parties have agreed to extend the current deadline of 8/15/2013 for filing objections to the Administrative Record to allow for the resolution of those objections. The remaining provisions of the Stipulated Order shall remain unchanged.(Reader, L)

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Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Salazar et al Doc. 85 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 17 v. S.M.R. JEWELL, Secretary of the Interior, et al., 18 Defendants. __ 19 20 UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA, 21 22 23 24 25 STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS (DOCKET NOS. 69 AND 82) Plaintiff, 15 16 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. S.M.R. JEWELL, Secretary of the Interior, et al., Defendants. __ 26 27 28 STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 1 Case No. 2:12-CV-03021-TLN-AC Dockets.Justia.com 1 CITIZENS FOR A BETTER WAY, et al., Plaintiffs, 2 3 4 v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., 5 Defendants. 6 7 8 The parties, plaintiffs UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN 9 RANCHERIA (“UAIC”), CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA 10 INDIAN COMMUNITY (“Colusa”), CITIZENS FOR A BETTER WAY, ET AL. (“Citizens”), 11 and defendants THE ESTOM YUMEKA MAIDU TRIBE OF THE ENTERPRISE 12 RANCHERIA, CALIFORNIA (“Enterprise”), and DEFENDANTS SALLY JEWELL, ET AL. 13 (“Federal Defendants”), hereby stipulate and request that the Court issue the following order to 14 modify the Stipulation and Order Governing Further Proceedings (Docket No. 69 (entered 15 Mar. 4, 2013), as modified by Docket No. 82 (entered June 5, 2013) (“Stipulated Order”)) in 16 these consolidated cases: 17 Paragraph 4 of the Stipulated Order shall be modified to reflect that Federal Defendants 18 timely lodged the Administrative Record, that Plaintiffs have raised objections regarding the 19 Administrative Record, and that the Parties have agreed to extend the current deadline of 20 August 15, 2013 for filing objections to the Administrative Record to allow for the resolution of 21 those objections, to read as follows: 22 4. Federal Defendants lodged the Administrative Record with the Court on May 17, 23 2013 (Docket No. 79). The Citizens Plaintiffs notified Federal Defendants by letter on July 17, 24 2013 of certain objections to Federal Defendants’ Administrative Record. Federal Defendants 25 have agreed to review those objections and to provide Plaintiffs a response to the Citizens’ 26 July 17 letter, including lodging of a certified Supplement to the Administrative Record, if 27 necessary, as soon as practicable. Any objections to, including motions to supplement, the 28 STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 2 Case No. 2:12-CV-03021-TLN-AC 1 Administrative Record shall be filed on or before the 14th day following Federal Defendants’ 2 delivery to Plaintiffs of their response to the Citizens’ July 17 letter. Electronic copies of 3 documents, if any, with which Federal Defendants propose to supplement the Administrative 4 Record shall be included in Federal Defendants’ response, and the 14-day period for filing 5 objections to the Administrative Record shall not commence until Federal Defendants deliver 6 copies of those documents to Plaintiffs. The Parties shall meet and confer to resolve conflicts 7 pertaining to the Federal Defendants’ response, if any, prior to filing motion(s) with the Court, 8 which motion(s) shall be calendared on the earliest available date. 9 10 Paragraph 5 of the Stipulated Order shall be modified to read as follows: 5. Plaintiffs’ Motion(s) for Summary Judgment shall be filed on or before the later 11 of 28 days after Federal Defendants’ delivery to Plaintiffs of their response, including copies of 12 any documents with which Federal Defendants propose to supplement the Administrative 13 Record, to the Citizens’ July 17, 2013 letter or 28 days after resolution by the Court of any 14 objections to, including motions to supplement, the Administrative Record. Federal Defendants 15 shall lodge a certified Supplement to the Administrative Record, if necessary, as soon as 16 practicable after the Court resolves any objections to, including motions to supplement, the 17 Administrative Record. Plaintiffs shall calendar the hearing on their Motion(s) for Summary 18 Judgment on the first available hearing date on or after the 90th day following filing of the last- 19 filed Motion for Summary Judgment. Federal Defendants’ Combined Cross-Motion(s) for 20 Summary Judgment and Opposition(s) to Plaintiffs’ Motion(s) for Summary Judgment shall be 21 filed no later than 30 days after the last-filed Motion for Summary Judgment. Plaintiffs’ 22 Combined Opposition(s) to Defendants’ Cross-Motion for Summary Judgment and Reply(ies), if 23 any, in support of their Motion(s) for Summary Judgment shall be filed no later than 30 days 24 thereafter. Federal Defendants’ Reply(ies), if any, in support of their Cross-Motion(s) for 25 Summary Judgment shall be filed no later than 14 days thereafter. 26 The remaining provisions of the Stipulated Order shall remain unchanged. 27 28 STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 3 Case No. 2:12-CV-03021-TLN-AC 1 DATED: August 12, 2013 Respectfully submitted, 2 /s/ Benjamin S. Sharp Benjamin S. Sharp (pro hac vice) bsharp@perkinscoie.com PERKINS COIE LLP 700 13th Street, NW, Suite 600 Washington, DC 20005 Telephone: (202) 434-1615 Facsimile: (202) 654-6211 3 4 5 6 Counsel for Plaintiffs Citizens for a Better Way, et al. 7 8 /s/ Thomas F. Gede (authorized on Aug. 9, 2013) Thomas F. Gede (Cal. Bar. No. 99295) tom.gede@bingham.com BINGHAM MCCUTCHEN LLP 980 9th Street, Suite 2140 Sacramento, CA 95814 –AND– 3 Embarcadero Center San Francisco, CA 94111 Telephone: 415.393.2132 Facsimile: 415.262.9213 9 10 11 12 13 14 Counsel for Plaintiff United Auburn Indian Community of the Auburn Rancheria 15 /s/ George Forman (authorized on Aug. 12, 2013) George Forman (Cal. Bar No. 047822) george@gformanlaw.com FORMAN & ASSOCIATES 4340 Redwood Hwy, Suite E352 San Rafael, CA 94903 Telephone: (415) 491-2310 Facsimile: (415) 291-2313 16 17 18 19 20 Counsel for Plaintiff Cachil Dehe Band of Wintun Indians of the Colusa Indian Community 21 /s/ Peter Kryn Dykema (authorized on Aug. 12, 2013) Peter Kryn Dykema peter.dykema@usdoj.gov Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 Telephone: (202) 305-0436 22 23 24 25 26 27 28 STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 4 Case No. 2:12-CV-03021-TLN-AC 1 Facsimile: (202) 305-0506 2 Counsel for Federal Defendants 3 /s/ Nicholas C. Yost (authorized on Aug. 12, 2013) Nicholas C. Yost (Cal Bar. No. 35297) nicholas.yost@snrdenton.com DENTONS US LLP 525 Market Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 882-2440 Facsimile: (415) 882-0300 4 5 6 7 Counsel for Defendant-Intervenor Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California 8 9 10 So Ordered. 11 Dated: August 13, 2013 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 5 Case No. 2:12-CV-03021-TLN-AC

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