Bodi v. Shingle Springs Band of Miwok Indians

Filing 27

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/13/13 ORDERING that the Motion Hearing as to 18 Motion to Dismiss is reset for 10/7/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiff's opposition due by 10/30/2013. Defendant's reply due by 11/22/2013. Status Conference reset for 12/16/2013 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Manzer, C)

5

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]

6

Attorneys for Plaintiff Beth A. Bodi

1
2
3
4

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
BETH A. BODI,
11
12
13
14
15
16
17
18

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

Plaintiff,

STIPULATION AND ORDER
CONTINUING THE DEFENDANTS’
MOTION TO DISMISS HEARING,
SETTING THE BRIEFING SCHEDULE
AND CONTINUING THE STATUS
CONFERENCE

vs.
SHINGLE SPRINGS BAND OF MIWOK
INDIANS; SHINGLE SPRINGS TRIBAL
HEALTH PROGRAM; SHINGLE SPRINGS
TRIBAL HEALTH; BRENDA ADAMS (as
current Chairperson of the Shingle Springs
Tribal Health Board), and DOES 1 through
30, inclusive,

The Hon. Lawrence K. Karlton
Complaint Filed: April 22, 2013

Defendants.

19
20
21

Plaintiff Beth A. Bodi and defendants Shingle Springs Band Of Miwok Indians, Shingle

22

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

23

(collectively, “the Parties”), by and through their counsel of record respectfully request that the court

24

give effect to the stipulation regarding the continuing the hearing date for defendants’ Motion to

25

Dismiss from October 7, 2013 until December 9, 2013, and related changes to the briefing schedule.

26
27
28

-1-

CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND ORDER CONTINUING THE
DEFENDANTS’ MOTION TO DISMISS, SETTING
THE BRIEFING SCHEDULE AND CONTINUING
THE STATUS CONFERENCE

1

Further, the parties respectfully request that the court continue the Status Conference from October

2

21, 2013 until December 16, 2013. The Parties’ stipulation, through counsel, is as follows:

3

WHEREAS, all the above-listed defendants have filed their F.R.C.P. 12(b)(1) Motion to

4

Dismiss, seeking dismissal of Plaintiff’s Second Amended Complaint based upon the lack of

5

subject matter jurisdiction; the hearing is now presently scheduled for October 7, 2013;

6
7

WHEREAS, the Parties are exploring an out-of-court settlement that would render further
proceedings in this case unnecessary;

8
9

WHEREAS, the Parties wish to continue the hearing of this motion, in the interests of
justice and to conserve judicial and litigant resources;

10
11

WHEREAS, the Parties wish to make arrangements for orderly filing of the Opposition
and Reply briefing on a timeline that accommodates the new hearing date; and

12

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

13

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

14

Eastern District of California.

15
16

WHEREAS, this Court has currently scheduled the Status Conference for October 21,
2013;

17

WHEREAS, the Parties wish to continue the Status Conference until December 16, 2013.

18
19
20

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

21

1.

Plaintiff shall oppose defendants’ motion to dismiss no later than October 30, 2013;

22

2.

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

23
24

than November 22, 2013;
3.

Counsel for plaintiff and defendants agree that it would be the best use of judicial

25

and litigant resources to continue the hearing date on defendants’ Motion to Dismiss shall be

26

continued from October 7, 2013 at 10:00 a.m. until December 9, 2013 at 10:00 a.m., or a date

27
28

-2-

CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND ORDER CONTINUING THE
DEFENDANTS’ MOTION TO DISMISS, SETTING
THE BRIEFING SCHEDULE AND CONTINUING
THE STATUS CONFERENCE

1
2

thereafter convenient to the Court;
4.

Counsel also agrees that it would be similarly beneficial to continue the Status

3

Conference until December 16, 2013 at 2:00 p.m., or a date thereafter convenient to the Court,

4

following the new hearing date on defendants’ Motion to Dismiss.

5

IT IS SO STIPULATED.

6
7

Respectfully submitted,
Dated: September 12, 2013

PACIFIC AMERICAN LAW GROUP, PC

8
9

By

/s/ Wendy L. Hillger (approved Sept.11, 2013)
WENDY L. HILLGER

10
Attorneys for Plaintiff
11
12

Dated: September 12, 2013

DENTONS US LLP

13
14

By

/s/ Ian R. Barker
IAN R. BARKER

15
Attorneys for Defendants
SHINGLE SPRINGS BAND OF MIWOK
INDIANS, SHINGLE SPRINGS TRIBAL
HEALTH PROGRAM, SHINGLE SPRINGS
TRIBAL HEALTH BOARD, and BRENDA
ADAMS

16
17
18
19
20
21
22
23
24
25
26
27
28

-3-

CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND ORDER CONTINUING THE
DEFENDANTS’ MOTION TO DISMISS, SETTING
THE BRIEFING SCHEDULE AND CONTINUING
THE STATUS CONFERENCE

ORDER

1
2
3

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

4
5

1.

October 30, 2013;

6
7

2.

3.

The hearing date on defendants’ Motion to Dismiss shall be continued from

October 7, 2013 at 10:00 a.m. until December 9, 2013 at 10:00 a.m.;

10
11

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

than November 22, 2013;

8
9

Plaintiff shall file her opposition to defendants’ motion to dismiss no later than

4.

The Status Conference shall be continued from October 21, 2013, at 10:00 a.m.

until December 16, 2013 at 2:00 p.m.

12
13
14

DATED: September 13, 2013.

80942081

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4-

CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND ORDER CONTINUING THE
DEFENDANTS’ MOTION TO DISMISS, SETTING
THE BRIEFING SCHEDULE AND CONTINUING
THE STATUS CONFERENCE