Bodi v. Shingle Springs Band of Miwok Indians

Filing 16

STIPULATION and ORDER 15 granting leave to file Amended Complaint signed by Judge Lawrence K. Karlton on 7/9/2013. Plaintiff may file Second Amended Complaint within 7 days from Court's issuance of this Order. Defendant Shingle Springs Tribal Health Program's responsive pleading is due no later than 8/5/2013. Plaintiff shall oppose defendants' Motion to Dismiss no later than 9/3/2013. Defendants shall file any Reply Brief in support of Motion no later than 9/16/2013. Defendants& #039; Motion to Dismiss shall be heard 9/23/2013 at 10:00 AM. Service of Second Amended Complaint on Shingle Springs Tribal Health Program, Brenda Adams, and Shingle Springs Tribal Health Board shall be deemed effective on date plaintiff electronically files and serves pleading. (Marciel, M)

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PACIFIC AMERICAN LAW GROUP, PC
David Nied (SBN 136413)
Wendy L. Hillger (SBN 178682)
582 Market Street, Suite 2009
San Francisco, CA 94104
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Beth A. Bodi

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BETH A. BODI,
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Plaintiff,
vs.
SHINGLE SPRINGS BAND OF MIWOK
INDIANS; SHINGLE SPRINGS TRIBAL
HEALTH PROGRAM; BRENDA ADAMS
(in her capacity as current Chairperson of the
Shingle Springs Tribal Health Board), and
DOES 1 through 30, inclusive,

Case No. 2:13-CV-01044 LKK-CKD
STIPULATION AND ORDER
GRANTING PLAINTIFF LEAVE TO
FILE A SECOND AMENDED
COMPLAINT AND SCHEDULING
PARTIES’ BRIEFING OF
DEFENDANTS’ MOTION TO DISMISS
The Hon. Lawrence K. Karlton
Complaint Filed: April 22, 2013

Defendants.

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Plaintiff Beth A. Bodi, having inadvertently neglected to include one of the defendants
within the caption of her First Amended Complaint (“FAC”), hereby seeks, by stipulation, to amend
the caption of her complaint, in a Second Amended Complaint (“SAC”) that names in the caption of
the SAC all of the defendants set forth in the body of the FAC. Specifically, Plaintiff seeks leave to
file an amended complaint that names within the caption (as well as the body) the Shingle Springs
Band of Miwok Indians (“Tribe”), Shingle Springs Tribal Health Program, the Shingle Springs
Health Board (inadvertently omitted from the caption of the FAC), and Brenda Adams (in her
capacity as Chairperson of the Shingle Springs Tribal Health Board) (collectively “Defendants”).

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Case No. 2:13-CV-01044 LKK-CKD

-1STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE AMENDED COMPLAINT AND
SCHEDULING BRIEFING OF MOTION TO DISMISS

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Counsel of record for Defendants are amenable to the request for reasons of judicial economy and

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efficiency, and the Parties hereby respectfully request that the court give effect to the stipulation, as

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follows:

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WHEREAS, Plaintiff named the Shingle Springs Tribal Health Board in the body of her
First Amended Complaint (“FAC”), but inadvertently omitted that entity from the caption;

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WHEREAS, defendants are willing to stipulate to the requested amendment of the FAC by

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Plaintiff, so as to allow for expeditious resolution of anticipated motions, and to that end, to enable

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the court to resolve the jurisdictional defenses of all tribal entities against whom Plaintiff purports

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to have claims in the context of a single consolidated motion without the need for further amended

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complaints;

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WHEREAS, all of the above-listed defendants plan to file responsive pleadings seeking
dismissal of Plaintiff’s claims; and

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WHEREAS, the above-listed defendants and Shingle Springs Tribal Health Board are

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represented by Dentons US LLP (“Dentons”), and all intend to file a single brief in support of a

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consolidated motion to dismiss, raising common issues; and

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WHEREAS, the Parties wish to make arrangements for orderly briefing of defendants’

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motions to dismiss on a timeline that accommodates counsels’ respective schedules during the

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summer; and

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WHEREAS, the Parties agree that the foregoing reasons present good cause for altering the

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briefing schedule set forth in Rule 230 of the Local Rules of the United States District Court,

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Eastern District of California; and

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WHEREAS, Shingle Springs Tribal Health Program and Brenda Adams, who have not yet

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been served, and Shingle Springs Tribal Health Board, which is not yet a party, have authorized

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Dentons to accept service on their behalf pursuant to the terms of this stipulation;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the Parties
that:
1.

Plaintiff may file a second amended complaint within seven days of the Court’s

Case No. 2:13-CV-01044 LKK-CKD

-2STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE AMENDED COMPLAINT AND
SCHEDULING BRIEFING OF MOTION TO DISMISS

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approval of this stipulation that is identical to first amended complaint, except that it adds the

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inadvertently omitted Shingle Springs Tribal Health Board to the caption as a party;

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2.

The responsive pleading of defendants Shingle Springs Band of Miwok Indians,

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Shingle Springs Tribal Health Program, Brenda Adams, and Shingle Springs Tribal Health

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Board shall be due no later than August 5, 2013;

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3.

Plaintiff shall oppose defendants’ motion to dismiss no later than September 3,

2013;
4.

Defendants shall file any reply brief in support of their motion to dismiss no later

than September 16, 2013;
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Defendants’ motion to dismiss shall be heard Monday, September 23, 2013, at

10:00 a.m., or at another date and time thereafter as convenient for the Court;
6.

Service of the second amended complaint on Shingle Springs Tribal Health

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Program, Brenda Adams, and Shingle Springs Tribal Health Board shall be deemed effective on

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the date Plaintiff electronically files and serves her second amended complaint pursuant to this

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Court-approved stipulation.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: July 9, 2013

PACIFIC AMERICAN LAW GROUP, PC

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By /s/ Wendy L. Hillger
WENDY L. HILLGER

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Attorneys for Plaintiff
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Dated: July 9, 2013

DENTONS US LLP

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By

/s/ Ian R. Barker (auth. July 2, 2013)
IAN R. BARKER

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Attorneys for Defendants
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Case No. 2:13-CV-01044 LKK-CKD

-3STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE AMENDED COMPLAINT AND
SCHEDULING BRIEFING OF MOTION TO DISMISS

ORDER

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The Parties having stipulated thereto and good cause appearing, IT IS HEREBY
ORDERED THAT:
1.

Plaintiff may file a second amended complaint within seven days of the Court’s

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issuance of this order that is identical to first amended complaint, except that it adds the

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inadvertently omitted Shingle Springs Tribal Health Board to the caption as a party;

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2.

The responsive pleading of defendants Shingle Springs Band of Miwok Indians,

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Shingle Springs Tribal Health Program, Brenda Adams, and Shingle Springs Tribal Health

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Board shall be due no later than August 5, 2013;

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3.

Plaintiff shall oppose defendants’ motion to dismiss no later than September 3,

2013;
4.

Defendants shall file any reply brief in support of their motion to dismiss no later

than September 16, 2013;

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5.

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10:00 a.m.;

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6.

Defendants’ motion to dismiss shall be heard Monday, September 23, 2013, at

Service of the second amended complaint on Shingle Springs Tribal Health

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Program, Brenda Adams, and Shingle Springs Tribal Health Board shall be deemed effective on

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the date Plaintiff electronically files and serves her second amended complaint.

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DATED: July 9, 2013.

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Case No. 2:13-CV-01044 LKK-CKD

-4STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE AMENDED COMPLAINT AND
SCHEDULING BRIEFING OF MOTION TO DISMISS