Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Salazar et al
Filing
91
STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 4/29/2014 MODIFYING the order governing further proceedings re 69 , 82 , 85 Stipulations and Orders. (Michel, G)
1
2
3
UNITED STATES DISTRICT COURT
4
EASTERN DISTRICT OF CALIFORNIA
5
SACRAMENTO DIVISION
6
7
8
CACHIL DEHE BAND OF WINTUN
INDIANS OF THE COLUSA INDIAN
COMMUNITY, a federally recognized Indian
Tribe,
11
v.
S.M.R. JEWELL, Secretary of the Interior, et
al.,
12
Defendants.
__
13
14
UNITED AUBURN INDIAN COMMUNITY
OF THE AUBURN RANCHERIA,
15
16
17
18
Plaintiff,
v.
S.M.R. JEWELL, Secretary of the Interior, et
al.,
Defendants.
19
20
__
CITIZENS FOR A BETTER WAY, et al.,
21
22
23
24
25
STIPULATION AND ORDER TO
MODIFY ORDER GOVERNING
FURTHER PROCEEDINGS (DOCKET
NOS. 69, 82, 85)
Plaintiff,
9
10
CASE NO. 2:12-CV-03021-TLN-AC
Plaintiffs,
v.
UNITED STATES DEPARTMENT 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
1
Plaintiffs UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN
2
RANCHERIA (“UAIC”), CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA
3
INDIAN COMMUNITY (“Colusa”), CITIZENS FOR A BETTER WAY, ET AL. (“Citizens”),
4
and defendants SALLY JEWELL, ET AL. (“Federal Defendants”), hereby stipulate and request
5
that the Court issue the following order to modify the Stipulation and Order Governing Further
6
Proceedings (Docket No. 69 (entered Mar. 4, 2013), as modified by Docket No. 82 (entered June
7
5, 2013) and Docket No. 85 (entered August 13, 2013) (“Stipulated Order”)) in these
8
consolidated cases. Counsel for Citizens and counsel for Federal Defendants attempted to
9
contact counsel for Defendant Intervenor the Estom Yumeka Maidu Tribe of the Enterprise
10
Rancheria, California (“Enterprise”) regarding this stipulation, but had not heard back from
11
Enterprise by the time of filing.
12
Paragraph 4 of the Stipulated Order shall be modified to reflect that Federal Defendants
13
lodged an amended Administrative Record with the Court on April 10, 2014, that Plaintiffs have
14
raised objections regarding the amended Administrative Record, and that the Parties have agreed
15
to extend the current deadline of April 28, 2014 for filing objections to the Administrative
16
Record to allow for the resolution of those objections, to read as follows:
17
4.
Federal Defendants lodged an amended Administrative Record with the Court on
18
April 10, 2014 (see Docket No. 86). The parties have since discovered that the amended
19
Administrative Record and associated index contain errors. Federal Defendants have agreed to
20
provide Plaintiffs with a corrected version of the amended Administrative Record so that
21
Plaintiffs can conclude their review of the adequacy of the amended Administrative Record.
22
Any objections to, including motions to supplement, the amended Administrative Record shall
23
be filed on or before the 14th day following Federal Defendants’ delivery to Plaintiffs of a
24
corrected amended Administrative Record and index. The Parties shall meet and confer to
25
resolve conflicts pertaining to the corrected amended Administrative Record, if any, prior to
26
Federal Defendants lodging a corrected version of the amended Administrative Record and
27
28
STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS
2
Case No. 2:12-CV-03021-TLN-AC
1
Plaintiffs filing motions with the Court, which motion(s) shall be calendared on the earliest
2
available date.
3
Paragraph 5 of the Stipulated Order shall be modified to read as follows:
4
5.
Plaintiffs’ Motion(s) for Summary Judgment shall be filed on or before the later
5
of 28 days after the lodging of the corrected amended Administrative Record with the Court, or
6
28 days after resolution by the Court of any objections to, including motions to supplement, the
7
corrected amended Administrative Record. Federal Defendants shall lodge a certified
8
Supplement to the corrected amended Administrative Record, if necessary, as soon as practicable
9
after the Court resolves any objections to, including motions to supplement, the corrected
10
amended Administrative Record. Plaintiffs shall calendar the hearing on their Motion(s) for
11
Summary Judgment on the first available hearing date on or after the 90th day following filing of
12
the last-filed Motion for Summary Judgment. Federal Defendants’ Combined Cross-Motion(s)
13
for Summary Judgment and Opposition(s) to Plaintiffs’ Motion(s) for Summary Judgment shall
14
be filed no later than 30 days after the last-filed Motion for Summary Judgment. Plaintiffs’
15
Combined Opposition(s) to Defendants’ Cross-Motion for Summary Judgment and Reply(ies), if
16
any, in support of their Motion(s) for Summary Judgment shall be filed no later than 30 days
17
thereafter. Federal Defendants’ Reply(ies), if any, in support of their Cross-Motion(s) for
18
Summary Judgment shall be filed no later than 14 days thereafter.
19
The remaining provisions of the Stipulated Order shall remain unchanged.
20
21
DATED: April 25, 2014
22
/s/ Tyler Welti
Tyler Welti
twelti@perkinscoie.com
PERKINS COIE LLP
700 13th Street, NW, Suite 600
Washington, DC 20005
Telephone: (202) 654-6214
Facsimile: (202) 654-6211
23
24
25
26
Counsel for Plaintiffs Citizens for a Better Way, et
al.
27
28
Respectfully submitted,
STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS
3
Case No. 2:12-CV-03021-TLN-AC
1
/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
2
3
4
5
6
7
Counsel for Plaintiff United Auburn Indian
Community of the Auburn Rancheria
8
/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
9
10
11
12
13
Counsel for Plaintiff Cachil Dehe Band of Wintun
Indians of the Colusa Indian Community
14
/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
Facsimile: (202) 305-0506
15
16
17
18
19
20
21
Counsel for Federal Defendants
22
23
24
So Ordered.
Dated: April 29, 2014
25
Troy L. Nunley
United States District Judge
26
27
28
STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS
4
Case No. 2:12-CV-03021-TLN-AC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?