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

Filing 95

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/13/14 TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 91 , 69 , 82 , 85 . (Mena-Sanchez, L)

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

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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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Plaintiff,
v.
S.M.R. JEWELL, Secretary of the Interior, et
al.,
Defendants.

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CITIZENS FOR A BETTER WAY, et al.,

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STIPULATION AND ORDER TO
MODIFY ORDER GOVERNING
FURTHER PROCEEDINGS (DOCKET
NOS. 69, 82, 85, 91)

Plaintiff,

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

Plaintiffs,
v.
UNITED STATES DEPARTMENT 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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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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defendants SALLY JEWELL, ET AL. (“Federal Defendants”), and defendant intervenor the

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ESTOM YUMEKA MAIDU TRIBE OF THE ENTERPRISE RANCHERIA, CALIFORNIA

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(“Enterprise”) hereby stipulate and request that the Court issue the following order to modify the

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Stipulation and Order Governing Further Proceedings (Docket No. 69 (entered Mar. 4, 2013), as

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modified by Docket No. 82 (entered June 5, 2013), Docket No. 85 (entered August 13, 2013),

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and Docket No. 91 (entered April 30, 2014)) (“Stipulated Order”) in 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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lodged an amended Administrative Record with the Court on April 10, 2014, that Plaintiffs have

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raised objections regarding the amended Administrative Record, that Federal Defendants have

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agreed to address those objections, and that the Parties have agreed to extend the current deadline

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of May 12, 2014 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 an amended Administrative Record with the Court on

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April 10, 2014 (see Docket No. 86). The parties have since discovered that the amended

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Administrative Record and associated index contain errors and that several documents are

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missing from the amended Administrative Record. Federal Defendants have agreed to correct

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those errors and file a certified second amended Administrative Record containing the missing

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documents. Any objections to, including motions to supplement, the second amended

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Administrative Record shall be filed on or before the 7th day following Federal Defendants’

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delivery to Plaintiffs of a copy of the second amended Administrative Record and index as

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lodged with the Court. The Parties shall meet and confer to resolve conflicts pertaining to the

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second amended Administrative Record, if any, prior to Plaintiffs filing motions 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:
STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

2

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

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5.

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

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of 28 days following Federal Defendants’ delivery to Plaintiffs of a copy of the second amended

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Administrative Record and index as lodged with the Court, or 28 days after resolution by the

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Court of any objections to, including motions to supplement, the second amended Administrative

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Record. Federal Defendants shall lodge a certified Supplement to the second amended

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Administrative Record, if necessary, as soon as practicable after the Court resolves any

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objections to, including motions to supplement, the corrected amended 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: May 9, 2014

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/s/ Tyler Welti
Tyler Welti
[e-mail]
PERKINS COIE LLP
700 13th Street, NW, Suite 600
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiff Citizens

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/s/ Thomas F. Gede (authorized on May 9, 2014)
Thomas F. Gede (Cal. Bar. No. 99295)
[e-mail]
BINGHAM MCCUTCHEN LLP

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Respectfully submitted,

STIPULATION AND ORDER TO MODIFY
ORDER GOVERNING FURTHER
PROCEEDINGS

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

3 Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.262.9213

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Counsel for Plaintiff UAIC
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/s/ George Forman (authorized on May 9, 2014)
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 Colusa

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/s/ Peter Kryn Dykema (authorized on May 9, 2014)
Peter Kryn 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/ Matthew Adams (authorized on May 9, 2014)
Matthew Adams (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 Enterprise
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So Ordered.

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Dated: May 13, 2014

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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