Bodi v. Shingle Springs Band of Miwok Indians

Filing 30

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/1/13: Scheduling Conference RESET for 2/10/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. HEARING as to 18 Motion to Dismiss 17 Second Amended Complaint RESET for 1/13/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)

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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: (415) 795-3579 david@palgsf.com whillger@palgsf.com 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 RESETTING THE BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS’ MOTION TO DISMISS 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 Plaintiff Beth A. Bodi and defendants Shingle Springs Band Of Miwok Indians, Shingle 21 Springs Tribal Health Program, Shingle Springs Tribal Health Board, and Brenda Adams 22 (collectively “Parties”), by and through their counsel of record respectfully request that the court 23 give effect to the stipulation related to the revised briefing schedule and hearing date for defendants’ 24 Motion to Dismiss currently set for hearing on December 9, 2013.The parties’ stipulation, through 25 counsel, is as follows: 26 27 28 -1- CASE NO. 2:13-CV-01044 LKK-CKD STIPULATION AND ORDER RE-SETTING THE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS’ MOTION TO DISMISS 1 WHEREAS, all the above-listed defendants have filed their F.R.C.P. 12(b)(1) Motion to 2 Dismiss, seeking dismissal of Plaintiff’s Second Amended Complaint based upon the lack of subject 3 matter jurisdiction, and the hearing is scheduled for December 9, 2013; 4 WHEREAS, the Parties wish to make arrangements for orderly filing of the Opposition 5 and Reply briefing on a timeline to conserve judicial and litigant resources in light of settlement 6 efforts; 7 8 WHEREAS, the Parties also wish to briefly continue the hearing date to provide the Court with sufficient opportunity to review the Parties’ papers; and 9 WHEREAS, the Parties agree that the foregoing reasons present good cause for altering the 10 briefing schedule set forth in Rule 230 of the Local Rules of the United States District Court, 11 Eastern District of California. 12 13 14 15 16 17 18 19 20 21 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the Parties that: 1. Plaintiff shall oppose defendants’ motion to dismiss no later than November 4, 2013; 2. Defendants shall file any reply brief in support of their motion to dismiss no later than December 9, 2013. 3. The hearing on Defendants’ motion to dismiss shall be continued to December 16, 2013, at 10:00 a.m., or at a date and time convenient for the Court. 4. The scheduling conference in this matter set for December 16, 2013, shall be taken off calendar, to be reset, if necessary, following the resolution of Defendants’ motion to dismiss. 22 23 24 25 26 27 28 -2- CASE NO. 2:13-CV-01044 LKK-CKD STIPULATION AND ORDER RE-SETTING THE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS’ MOTION TO DISMISS 1 IT IS SO STIPULATED. 2 3 Respectfully submitted, Dated: October 30, 2013 PACIFIC AMERICAN LAW GROUP, PC 4 5 By /s/ Wendy L. Hillger (approved Oct 30, 2013) WENDY L. HILLGER 6 Attorneys for Plaintiff 7 8 Dated: October 30, 2013 DENTONS US LLP 9 10 By /s/ Ian R. Barker IAN R. BARKER 11 Attorneys for Defendants SHINGLE SPRINGS BAND OF MIWOK INDIANS, SHINGLE SPRINGS TRIBAL HEALTH PROGRAM, SHINGLE SPRINGS TRIBAL HEALTH BOARD, and BRENDA ADAMS 12 13 14 15 ORDER 16 17 18 The Parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED THAT: 19 20 21 22 23 24 25 1. Plaintiff shall oppose defendants’ motion to dismiss no later than November 4, 2013; 2. Defendants shall file any reply brief in support of their motion to dismiss no later than December 9, 2013. 3. The hearing on Defendants’ motion to dismiss is continued to January 13, 2014, at 10:00 a.m. 26 27 28 -3- CASE NO. 2:13-CV-01044 LKK-CKD STIPULATION AND ORDER RE-SETTING THE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS’ MOTION TO DISMISS 1 2 4. The scheduling conference in this matter set for December 16, 2013, is continued to February 10, 2014 at 10:30 a.m. 3 DATED: November 1, 2013. 4 5 81335484 6 7 8 9 10 11 12 13 14 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 RE-SETTING THE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS’ MOTION TO DISMISS

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