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)
Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Salazar et al
Doc. 85
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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.
S.M.R. 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
NOS. 69 AND 82)
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.
S.M.R. 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
Dockets.Justia.com
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CITIZENS FOR A BETTER WAY, et al.,
Plaintiffs,
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v.
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, 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), as modified by Docket No. 82 (entered June 5, 2013) (“Stipulated Order”)) in
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these consolidated cases:
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Paragraph 4 of the Stipulated Order shall be modified to reflect that Federal Defendants
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timely lodged the Administrative Record, that Plaintiffs have raised objections regarding the
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Administrative Record, and that the Parties have agreed to extend the current deadline of
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August 15, 2013 for filing objections to the Administrative Record to allow for the resolution of
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those objections, to read as follows:
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4.
Federal Defendants lodged the Administrative Record with the Court on May 17,
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2013 (Docket No. 79). The Citizens Plaintiffs notified Federal Defendants by letter on July 17,
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2013 of certain objections to Federal Defendants’ Administrative Record. Federal Defendants
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have agreed to review those objections and to provide Plaintiffs a response to the Citizens’
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July 17 letter, including lodging of a certified Supplement to the Administrative Record, if
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necessary, as soon as practicable. Any objections to, including motions to supplement, the
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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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Administrative Record shall be filed on or before the 14th day following Federal Defendants’
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delivery to Plaintiffs of their response to the Citizens’ July 17 letter. Electronic copies of
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documents, if any, with which Federal Defendants propose to supplement the Administrative
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Record shall be included in Federal Defendants’ response, and the 14-day period for filing
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objections to the Administrative Record shall not commence until Federal Defendants deliver
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copies of those documents to Plaintiffs. The Parties shall meet and confer to resolve conflicts
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pertaining to the Federal Defendants’ response, if any, prior to filing motion(s) with the Court,
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which motion(s) shall be calendared on the earliest available date.
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Paragraph 5 of the Stipulated Order shall be modified to read as follows:
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Plaintiffs’ Motion(s) for Summary Judgment shall be filed on or before the later
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of 28 days after Federal Defendants’ delivery to Plaintiffs of their response, including copies of
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any documents with which Federal Defendants propose to supplement the Administrative
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Record, to the Citizens’ July 17, 2013 letter or 28 days after resolution by the Court of any
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objections to, including motions to supplement, the Administrative Record. Federal Defendants
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shall lodge a certified Supplement to the Administrative Record, if necessary, as soon as
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practicable after the Court resolves any objections to, including motions to supplement, the
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Administrative Record. Plaintiffs shall calendar the hearing on their Motion(s) for Summary
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Judgment on the first available hearing date on or after the 90th day following filing of the last-
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filed Motion for Summary Judgment. Federal Defendants’ Combined Cross-Motion(s) for
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Summary Judgment and Opposition(s) to Plaintiffs’ Motion(s) for Summary Judgment shall be
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filed no later than 30 days after the last-filed Motion for Summary Judgment. Plaintiffs’
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Combined Opposition(s) to Defendants’ Cross-Motion for Summary Judgment and Reply(ies), if
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any, in support of their Motion(s) for Summary Judgment shall be filed no later than 30 days
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thereafter. Federal Defendants’ Reply(ies), if any, in support of their Cross-Motion(s) for
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Summary Judgment shall 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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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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DATED: August 12, 2013
Respectfully submitted,
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/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
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Counsel for Plaintiffs Citizens for a Better Way, et
al.
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/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
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Counsel for Plaintiff United Auburn Indian
Community of the Auburn Rancheria
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/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
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Counsel for Plaintiff Cachil Dehe Band of Wintun
Indians of the Colusa Indian Community
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/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
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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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Facsimile: (202) 305-0506
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Counsel for Federal Defendants
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/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
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Counsel for Defendant-Intervenor Estom Yumeka
Maidu Tribe of the Enterprise Rancheria,
California
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So Ordered.
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Dated: August 13, 2013
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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
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