Bodi v. Shingle Springs Band of Miwok Indians

Filing 54

ORDER signed by Judge Lawrence K. Karlton on 5/16/2014 ORDERING the scheduling conference scheduled for May 19, 2014, is taken off calendar to be reset pending the Tribes appeal of the Order; all proceedings in this matter are stayed until the Ninth Circuit issues its mandate on defendants appeal of the Order; and the Court will set a scheduling conference, if necessary, following issuance of the Ninth Circuits mandate. (Waggoner, D)

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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 BOARD, 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
VACATING SCHEDULING
CONFERENCE AND STAYING
ACTION PENDING APPEAL OF THE
COURT’S ORDER FILED MAY 14, 2014

vs.
SHINGLE SPRINGS BAND OF MIWOK
INDIANS; 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
Springs Tribal Health Board, and Brenda Adams (collectively “Parties”), by and through their
counsel of record, respectfully request that the Court give effect to the Parties’ stipulation and stay
this action pending appeal of the Court’s order filed May 14, 2014 (“Order”):

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

STIPULATION AND [PROPOSED] ORDER
VACATING SCHEDULING CONFERENCE
AND STAYING ACTION PENDING APPEAL

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WHEREAS, the Court’s Order rejected the sovereign immunity defense of Shingle Springs

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Band Of Miwok Indians, Shingle Springs Tribal Health Board, and Brenda Adams, dismissing

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only the Shingle Springs Tribal Health Program on non-jurisdictional grounds;

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WHEREAS, the Court’s Order is immediately appealable because it denies claims of tribal

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sovereign immunity (Burlington Northern & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085, 1091

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(9th Cir. 2007));

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WHEREAS, the Court’s Order, at page 17, lines 24 to 26, expressed the Court’s “hope that
the defendants appeal this ruling so that a higher court may definitively resolve the issue”;

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WHEREAS, in the Parties’ Joint Status Report, filed May 1, 2014, the Parties stipulated in

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paragraph (p) that, “should the Court deny Defendants’ motion to dismiss, it is in the interest of

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the parties, and would further judicial economy, to stay trial court proceedings pending the Ninth

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Circuit’s resolution of this Court's jurisdiction to hear the case”;

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WHEREAS; the Parties hereby confirm their agreement that that a stay of this matter
pending appeal of the Order is in the interest of the Parties and would further judicial economy;

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WHEREAS, a scheduling conference in this matter is currently scheduled for May 19,
2014, at 2:00 p.m.; and

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WHEREAS, the Parties agree that a scheduling conference is unnecessary until the Ninth
Circuit resolves defendants’ appeal of the Order.

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

The scheduling conference scheduled for May 19, 2014, should be taken off

calendar pending the Tribe’s appeal of the Order;
2.

All proceedings in this matter should remain stayed until the Ninth Circuit issues its

mandate on defendants’ appeal of the Order; and
3.

The Court should set a scheduling conference, if necessary, following issuance of

the Ninth Circuit’s mandate.

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

STIPULATION AND [PROPOSED] ORDER
VACATING SCHEDULING CONFERENCE
AND STAYING ACTION PENDING APPEAL

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: May 15, 2014

AD ASTRA LAW GROUP, LLP

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By

/s/ Wendy L. Hillger (approved May 15, 2014)
WENDY L. HILLGER

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Attorneys for Plaintiff
BETH A. BODI

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Dated: May 15, 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 BOARD, and BRENDA ADAMS

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

STIPULATION AND [PROPOSED] ORDER
VACATING SCHEDULING CONFERENCE
AND STAYING ACTION PENDING APPEAL

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 May 19, 2014, is taken off calendar to be

reset pending the Tribe’s appeal of the Order;
2.

All proceedings in this matter are stayed until the Ninth Circuit issues its mandate

on defendants’ appeal of the Order; and
3.

The Court will set a scheduling conference, if necessary, following issuance of the

Ninth Circuit’s mandate.

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DATED: May 16, 2014.

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

STIPULATION AND [PROPOSED] ORDER
VACATING SCHEDULING CONFERENCE
AND STAYING ACTION PENDING APPEAL