Alturas Indian Rancheria v Jewell, et al

Filing 39

STIPULATION and ORDER for STAY signed by District Judge Troy L. Nunley on 11/25/14. The parties hereby stipulate as follows: That the Court enter a stay of this matter; That the stay remain in effect until the Court is notified that BIA has offici ally recognized the lawful governing body of the tribe; That the stay shall dissolve 30 days after any party notifies the Court that BIA has taken such action; That any other party may object to dissolution of the stay within 14 days of such notic e, but only upon the grounds that BIA has not taken such action; That the parties shall file status reports with the Court every 180 days until such time as the matter is no longer stayed; and That the hearing currently set for December 11, 2014, on the motion for stay, be vacated. (Dillon, M)

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
STIPULATION AND ORDER FOR STAY

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
Defendants.

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The parties seek a stipulation from this Court staying the matter until disputes regarding the

19 government of Plaintiff Alturas Indian Rancheria are resolved.
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Alturas filed this action on June 12, 2014, seeking an order compelling officials at the United

21 States Department of the Interior and the Bureau of Indian Affairs (“BIA”) to pay Contract Support
22 Costs under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450, et seq.
23 (“ISDEAA”). (Complaint, Dkt. No. 1. at ¶¶ 1 & 18).1 After the filing of Plaintiff’s motion for summary
24 judgment and Defendants’ motion to dismiss, a dispute arose as to who was the lawful governing body of
25 the tribe. Defendants then filed a motion to stay proceedings until that dispute was resolved. (See Dkt.
26 No. 37). Rather than litigate the issue of a stay, the parties have agreed to stay proceedings under the
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As set forth in other filings, “Contract Support Costs” are payments by the federal government to the Tribe to
administer various contracts for services to the Tribe.
Stipulation and Order for Stay

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1 terms and conditions set forth below.
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Therefore, the parties hereby stipulate as follows:

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1. That the Court enter a stay of this matter;

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2. That the stay remain in effect until the Court is notified that BIA has officially recognized the

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lawful governing body of the tribe;
3. That the stay shall dissolve 30 days after any party notifies the Court that BIA has taken such
action;
4. That any other party may object to dissolution of the stay within 14 days of such notice, but
only upon the grounds that BIA has not taken such action;
5. That the parties shall file status reports with the Court every 180 days until such time as the
matter is no longer stayed; and
6. That the hearing currently set for December 11, 2014, on the motion for stay, be vacated.

13 Respectfully Submitted,
14 Dated: November 20, 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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18 Dated: November 20, 2014

/s/ Lester Marston (authorized Nov. 20, 2014)
LESTER MARSTON
Attorney for Plaintiff

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Stipulation and Order for Stay

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1 IT IS SO ORDERED.
2 Dated: November 25, 2014
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Troy L. Nunley
United States District Judge

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Stipulation and Order for Stay

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