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)

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 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