Alturas Indian Rancheria et al v. Zinke et al

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/5/18: Defendants shall respond to Plaintiffs' Complaint on or before February 5, 2018. The parties shall submit a Joint Status Report on or before February 12, 2018. (Kaminski, H)

1 McGREGOR W. SCOTT
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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LESTER J. MARSTON
7 California State Bar No. 081030
RAPPORT AND MARSTON
8 405 West Perkins Street
Ukiah, California 95482
9 Telephone: [phone]
Facsimile: 707-462-4235
10 Email: [e-mail]
11 Attorney for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDY DEL ROSA AND ALTURAS
INDIAN RANCHERIA, et al.,
Plaintiffs,
v.
RYAN ZINKE, Secretary of the United States
Department of the Interior, et al.

CASE NO. 2:17-CV-01750-TLN-CMK
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO RESPOND TO
COMPLAINT, and TO FILE JOINT
STATUS REPORT
[E.D. Cal. Local Rule 144(a)]

Defendants.

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Plaintiffs served their complaint in this matter on the United States Attorney’s Office on or about

23 August 24, 2017. Pursuant to Federal Rule of Civil Procedure 4(i), the United States’ responsive
24 pleading was due on October 23, 2017. Defendants previously filed a notice of related case (Dkt. No.
25 4), and the Court re-assigned the case based on that notice, but there has been no substantive activity in
26 the matter. The parties previously agreed to extensions of time for the United States to respond, up to
27 and including January 5, 2018.
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The prior extensions were necessary to evaluate the complex issues presented in this case, and to
Stip and Order to Extend Responsive Pleading Deadline and Joint Status
Report

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1 coordinate with various divisions within the Department of Justice to determine principal responsibility
2 in this matter. Although that process is complete and the parties were exploring settlement of the case
3 and did not expect further extensions, the United States has discovered a potential conflict of
4 interest/appearance of impropriety issue that requires investigation to determine whether recusal of
5 certain of its attorneys is appropriate. This process cannot be completed by the responsive pleading
6 deadline of January 5, 2018 (i.e. tomorrow). Therefore, Plaintiffs and Defendants, by and through their
7 respective counsel, and pursuant to Local Rule 144, hereby stipulate and propose as follows:
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(1) Defendants shall have an extension of 30 days, up to and including February 5,
2018, within which to respond to Plaintiffs’ Complaint; and
(2) The deadline for submitting the Joint Status Report shall be continued to February
12, 2018.

11 Respectfully Submitted,
12 Dated: January 4, 2017
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McGREGOR W. SCOTT
United States Attorney
/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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/s/ Lester J. Marston (authorized 01/04/17)
LESTER J. MARSTON
Attorney for Plaintiff

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Stip and Order to Extend Responsive Pleading Deadline and Joint Status
Report

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1 Good Cause Appearing, IT IS SO ORDERED.
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(1) Defendants shall respond to Plaintiffs’ Complaint on or before February 5, 2018; and

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(2) The parties shall submit a Joint Status Report on or before February 12, 2018.

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DATED: January 05, 2018

Troy L. Nunley
United States District Judge

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Stip and Order to Extend Responsive Pleading Deadline and Joint Status
Report

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