Tsi Akim Maidu of Taylorsville Rancheria v. United States Department of the Interior et al

Filing 29

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/11/2017 ORDERING the 12 Motion to Dismiss taken UNDER SUBMISSION. The court will notify the parties if it determines oral arguments are necessary. (Donati, J)

1 PHILLIP A. TALBERT
United States Attorney
2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
6 Attorneys for Federal Defendants
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11 TSI AKIM MAIDU OF TAYLORSVILLE
RANCHERIA,
12
Plaintiff,
13
v.
14
UNITED STATES DEPARTMENT OF THE
15 INTERIOR; RYAN ZINKE, in his official
capacity as Secretary of the Interior;
16 MICHAEL S. BLACK, in his official capacity
as Acting Assistant Secretary-Indian Affairs of
17 the United States Department of the Interior;
and DOES 1-100,
18
Defendants.
19
20

Case No. 2:17-cv-01156 TLN CKD
STIPULATION AND ORDER RE
FEDERAL DEFENDANTS’ MOTION TO
DISMISS

The parties to this action hereby stipulate and agree to request that the Court rule upon the

21 Federal Defendants’ motion to dismiss plaintiff’s complaint that was fully briefed in, but not decided
22 by, the United States District Court for the Northern District of California before it transferred the case
23 to this District. In support of their request, the parties represent as follows:
24

1.

Plaintiff filed its complaint in the Northern District on December 15, 2016. ECF 1.

25

2.

On April 20, 2017, the Federal Defendants filed their Motion to Dismiss or Transfer

26 for Improper Venue or, in the Alternative, Motion to Dismiss for Failure to State a Claim. ECF 12.
27 Plaintiff opposed the motion. ECF 13. Federal Defendants filed a reply brief. ECF 17.
28
STIPULATION AND ORDER RE FEDERAL DEFENDANTS’ MOTION TO DISMISS

1

1

3.

On May 25, 2017, the Northern District judge entered an order granting the motion to

2 transfer venue and transferring the case to this District. ECF 20. The Northern District judge neither
3 addressed nor ruled upon the Federal Defendants’ arguments in support of dismissal. See id.
4

4.

This District received the case from the Northern District on June 2, 2017. ECF 22.

5

5.

The Federal Defendants’ motion to dismiss is fully briefed. ECF 12, 13, 17. To avoid

6 the need for the parties to re-brief the motion or to re-file the motion papers with the Court, the parties
7 respectfully request that the Court take the motion to dismiss under submission or, if the Court wishes
8 to hear oral argument, set the motion for hearing.
9

6.

If the Court sets the motion for hearing, the parties respectfully request that the motion

10 be set on either the August 24, 2017, or the September 21, 2017, civil law and motion calendar.
11

Respectfully submitted,

12 DATED: July 10, 2017

PHILLIP A. TALBERT
United States Attorney

13
/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

14
15
16 DATED: July 9, 2017

WEISS LAW, PC

17
/s/ Mogeeb Weiss [auth 7/9/17]
MOGEEB WEISS
Attorneys for Plaintiff

18
19

ORDER

20
21

Based on the foregoing, and good cause appearing therefore,

22

The Court will take Federal Defendants’ motion to dismiss (ECF No. 12) under submission

23 and will notify the parties if the Court determines that oral argument is necessary.
24

IT IS SO ORDERED.

25 DATED: July 11, 2017
26
27

Troy L. Nunley
United States District Judge

28
STIPULATION AND ORDER RE FEDERAL DEFENDANTS’ MOTION TO DISMISS

2