Bodi v. Shingle Springs Band of Miwok Indians

Filing 50

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 3/5/14: The scheduling conference is continued to 5/19/2014 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. All proceedings in this matter are stayed until at least May 5, 2014. The Court will not issue an order on defendants' motion to dismiss until after the stay of this action ends. (Kaminski, H)

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PAULA M. YOST (State Bar No. 156843)
[e-mail]
SANDRA R. MCCANDLESS (State Bar No. 57740)
[e-mail]
IAN R. BARKER (State Bar No. 240223)
[e-mail]
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: [phone]

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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BETH A. BODI,
Plaintiff,

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Case No. 2:13-CV-01044 LKK-CKD
STIPULATION AND ORDER
CONTINUING SCHEDULING
CONFERENCE AND STAYING
ACTION

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.

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

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

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

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-1CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND [PROPOSED]
ORDER CONTINUING SCHEDULING
CONFERENCE AND STAYING ACTION

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give effect to the Parties’ stipulation and stay this action to permit the Parties to explore settlement

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of their dispute, as follows:

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WHEREAS, defendants’ motion to dismiss plaintiff’s second amended complaint came on
for hearing before the Court on March 3, 2014;

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WHEREAS, at the hearing, the Court took defendants’ motion to dismiss under
submission and indicated a written order would follow;

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WHEREAS, the Parties wish to explore settlement discussions before the Court issues its
order on defendants’ motion;

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WHEREAS, the Parties believe the Court’s issuance of an order on defendants’ motion
would likely be counterproductive to settlement efforts;

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WHEREAS, a scheduling conference in this matter is currently scheduled for March 31,
2014, with a joint status report due March 17, 2014;

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WHEREAS, the Parties believe that settlement negotiations will require significant time

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because plaintiff is currently hospitalized and because any settlement requires approval by a Tribal

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government, the Tribal Council of the Shingle Springs Band of Miwok Indians, which convenes

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only periodically; and

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WHEREAS, the Parties believe that a stay of this matter could resolve this action without
the need for further proceedings before this Court.

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

The scheduling conference scheduled for March 31, 2014, should be continued to

May 19, 2014, at 10:30 a.m., or to a date and time thereafter convenient to the Court;

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2.

All proceedings in this matter should be stayed until at least May 5, 2014;

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3.

No later than May 1, 2014, the Parties shall submit either (1) a joint statement

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indicating that settlement efforts are ongoing and requesting that the action remain stayed until a

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specified date, or (2) a joint status report pursuant to Fed. R. Civ. P. 26(f).

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4.

Counsel for plaintiff and defendants respectfully and jointly request that the Court

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

STIPULATION AND [PROPOSED]
ORDER CONTINUING SCHEDULING
CONFERENCE AND STAYING ACTION

1

not issue an order on defendants’ motion to dismiss until the requested stay of this action ends.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: March 4, 2014

AD ASTRA LAW GROUP, LLP

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By

/s/ Wendy L. Hillger (approved March 4, 2013)
WENDY L. HILLGER

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Attorneys for Plaintiff
BETH A. BODI

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Dated: March 4, 2014

DENTONS US LLP

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By
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/s/ Ian R. Barker
IAN R. BARKER
Attorneys for Defendants
SHINGLE SPRINGS BAND OF MIWOK
INDIANS, SHINGLE SPRINGS TRIBAL
HEALTH PROGRAM, SHINGLE SPRINGS
TRIBAL HEALTH BOARD, and BRENDA
ADAMS

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-3CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND [PROPOSED]
ORDER CONTINUING SCHEDULING
CONFERENCE AND STAYING ACTION

ORDER

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

The scheduling conference scheduled for March 31, 2014, at 10:30 a.m., is

continued to May 19, 2014, at 2:00 p.m.;

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2.

All proceedings in this matter are stayed until at least May 5, 2014;

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3.

No later than May 1, 2014, the Parties shall submit either (1) a joint statement

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indicating that settlement efforts are ongoing and requesting that the action remain stayed until a

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specified date, or (2) a joint status report pursuant to Fed. R. Civ. P. 26(f).

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4.

The Court will not issue an order on defendants’ motion to dismiss until after the

stay of this action ends.

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DATED: March 5, 2014.

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-4CASE NO. 2:13-CV-01044 LKK-CKD

STIPULATION AND [PROPOSED]
ORDER CONTINUING SCHEDULING
CONFERENCE AND STAYING ACTION