Alturas Indian Rancheria v Jewell, et al

Filing 34

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/9/14. The hearing for the 31 Motion to Dismiss and 25 Motion for Summary Judgment is CONTINUED to 11/6/2014 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Manzer, C)

1 BENJAMIN B. WAGNER
United States Attorney
2 GREGORY T. BRODERICK
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALTURAS INDIAN RANCHERIA
Plaintiffs,

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CASE NO. CASE 2:14-CV-01407-TLN-CMK

v.
SALLY JEWELL, Secretary of the United
States Department of the Interior; KEVIN
WASHBURN, Assistant Secretary of Indian
Affairs; AMY DUTSCHKE, Pacific Regional
Director, Bureau of Indian Affairs; TERE
SALKELD, Pacific Regional Contracting
Officer, Bureau of Indian Affairs

STIPULATION AND ORDER TO
CONTINUE HEARING ON PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT
AND DEFENDANTS’ MOTION TO
DISMISS.

Defendants.

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Plaintiff served the complaint and filed a motion for summary judgment on August 12, 2014.

19 (See Dkt. Nos. 10 and 11). Because the opposition to the motion for summary judgment would have
20 been due before Defendants’ responsive pleading, the parties stipulated to continue the hearing to
21 October 23, 2014, and the Court approved. (See Dkt. Nos. 18 & 19). The United States has since filed a
22 motion to dismiss, which is also calendared for October 23, 2014. (See Dkt. No. 31). The parties have
23 been discussing settlement and other administrative matters, and Plaintiff plans to submit a written
24 settlement offer forthwith. Therefore, the parties stipulate as follows:
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1. That the hearings on Plaintiff’s motion for summary judgment and Defendants’ motion to
dismiss shall be continued to November 6, 2014; and
2. That Defendants reserve the right to raise arguments regarding the timeliness of Plaintiff’s
Motion.
Stip. to Continue Hearing Date on Pending Motions

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1 Respectfully Submitted,
2 Dated: October 8, 2014

BENJAMIN B. WAGNER
United States Attorney

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/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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6 Dated: October 8, 2014

/s/ Lester Marston (auth. on 10-08-2014)
LESTER MARSTON
Attorney for Plaintiff

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9 IT IS SO ORDERED.
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11 Dated: October 9, 2014
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HON. TROY L. NUNLEY
United States District Judge

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Stip. to Continue Hearing Date on Pending Motions

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