Villa et al v. Sally Jewell et al

Filing 11

ORDER signed by District Judge Kimberly J. Mueller on 6/3/2016 ORDERING Plaintiffs' Amended Complaint shall be filed no later than 7/1/2016, and the Federal Defendants' response to the amended complaint shall be filed no later than 8/5/2016; and the Scheduling Conference is Reset for 9/1/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; with the parties' joint status report due 7 days prior.(Reader, L)

1 PHILLIP A. TALBERT
Acting United States Attorney
2 VICTORIA L. BOESCH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 Attorneys for Federal Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS VILLA, JR., SIMILARLY
SITUATED MEMBERS of the HISTORIC
IONE BAND OF MIWOK INDIANS TRIBE,
and the HISTORIC IONE BAND OF MIWOK
INDIANS TRIBE,
Plaintiffs,

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CASE NO. 2:16-CV-00503-KJM-KJN

STIPULATION AND ORDER REGARDING
FILING OF FIRST AMENDED COMPLAINT
AND RESPONSIVE PLEADING

v.
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SALLY JEWELL, in her capacity as the
Secretary of the DEPARTMENT of the
INTERIOR, the DEPARTMENT of the
INTERIOR, the BUREAU OF INDIAN
AFFAIRS, AMY DUTCHSKE, in her capacity
as the Pacific Regional Director of the
BUREAU OF INDIAN AFFAIRS, and in her
personal capacity, and JOHN DOE and MARY
ROE, unknown BUREAU OF INDIANS
AFFAIRS employees in their official and
personal capacities,
Defendants.

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Plaintiffs Nicholas Villa, Jr. et al. and Federal Defendants Secretary Jewell, the Department of

22 the Interior, Bureau of Indian Affairs, and Amy Dutchske respectfully submit this stipulation and
23 proposed order. In accordance with the Court’s standing orders, the parties have been meeting and
24 conferring regarding Federal Defendants’ contemplated motion to dismiss the current complaint. In
25 those discussions, the parties have sought to narrow the issues for motion practice in order to conserve
26 the resources of the parties and the Court. The parties have resolved some issues, and Plaintiffs
27 therefore intend to file a First Amended Complaint that will render certain aspects of Federal
28 Defendants’ motion to dismiss unnecessary. Accordingly the parties hereby agree, and request that the
STIP & ORDER RE FIRST AMENDED
COMPLAINT

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1 Court order, that Plaintiffs will file a First Amended Complaint by July 1, 2016, and that Federal
2 Defendants will respond to that amended complaint by August 5, 2016.
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In light of this, the parties also request that the Court continue the scheduling conference

4 currently set for July 21, 2016. The parties submit that there is good cause to continue the scheduling
5 conference because scheduling and discovery planning should be deferred until the issues are clear, i.e.
6 until there is an operative complaint over which the Court determines that it has jurisdiction. The parties
7 are working together to narrow their disputes and present the Court with key jurisdictional issues in a
8 timely and efficient manner.
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The parties previously agreed under Local Rule 144 to one complaint-response extension of two

10 weeks. See Dkt. 9 (extending complaint-response deadline from May 24 to June 7).
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Respectfully submitted,

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14 Dated: May 25, 2016

PHILLIP A. TALBERT
Acting United States Attorney

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By: /s/ VICTORIA L. BOESCH
VICTORIA L. BOESCH
Assistant United States Attorney

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18 Dated: May 25, 2016
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/s/MARK J. KALLENBACH
(authorized 5/25/16)
MARK J. KALLENBACH

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Attorneys for Plaintiffs

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ORDER
Plaintiffs’ Amended Complaint shall be filed no later than July 1, 2016, and the Federal

26 Defendants’ response to the amended complaint shall be filed no later than August 5, 2016. The
27 scheduling conference currently set for July 21, 2016, is vacated and reset for September 1, 2016, at
28 2:30 p.m., with the parties’ joint status report due seven (7) days prior.
STIP & ORDER RE FIRST AMENDED
COMPLAINT

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IT IS SO ORDERED.

2 DATED: June 3, 2016.
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UNITED STATES DISTRICT JUDGE

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STIP & ORDER RE FIRST AMENDED
COMPLAINT

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