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)

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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

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