Alturas Indian Rancheria et al v. Zinke et al

Filing 16

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/2018 ORDERING that Defendants shall respond to Plaintiffs' Complaint on or before 3/19/2018 and the parties shall submit a Joint Status Report on or before 3/26/2018. (Washington, S)

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1 JEFFREY H. WOOD Acting Assistant Attorney General 2 ANDREA L. BERLOWE Senior Counsel 3 U.S. Department of Justice Environment and Natural Resources Division 4 Law and Policy Section P.O. Box 7415 5 Washington, DC 20044-7415 Telephone: 202-305-0478 6 Facsimile: 202-514-4231 Email: 7 Attorneys for the United States 8 LESTER J. MARSTON 9 California State Bar No. 081030 RAPPORT AND MARSTON 10 405 West Perkins Street Ukiah, California 95482 11 Telephone: 707-462-6846 Facsimile: 707-462-4235 12 Email: 13 Attorney for Plaintiffs 14 IN THE UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 WENDY DEL ROSA AND ALTURAS INDIAN RANCHERIA, et al., CASE NO. 2:17-CV-01750-TLN-CMK 18 Plaintiffs, 19 20 21 22 v. RYAN ZINKE, Secretary of the United States Department of the Interior, et al., 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. 23 24 Plaintiffs served their complaint in this matter on the United States Attorney’s Office on or about 25 August 24, 2017. Pursuant to Federal Rule of Civil Procedure 4(i), the United States’ responsive 26 pleading originally was due on October 23, 2017. Defendants filed a notice of related case (Dkt. No. 4), 27 and the Court re-assigned the case based on that notice, but there has been no substantive activity in the 28 matter. The parties previously agreed to extensions of time for the United States to respond, up to and 30 Stip. to Extend Deadlines for Responsive Pleading and Joint Status Report; Order 1 1 including January 5, 2018, to allow attorneys for the United States to evaluate the complex issues in the 2 case and coordinate a response within the Department of Justice and the Department of the Interior. 3 During that process, U.S. Attorney McGregor Scott was confirmed by the Senate. While the parties did 4 not expect to request further extensions, the United States discovered a potential conflict of interest 5 based on Mr. Scott’s private employment prior to his confirmation as U.S. Attorney for this district. 6 Thus, the parties stipulated, and the court ordered, an extension of the January 5 date until February 5, 7 2018. (Docket Nos.12 and 13). 8 Upon investigation, the Department of Justice determined that Mr. Scott did have such a conflict, 9 and that it was appropriate to recuse the entire U.S. Attorney’s Office for the Eastern District of 10 California from participation in this case. Consequently, the matter was sent to the Environment and 11 Natural Resources Division of the Department of Justice to handle, and was recently assigned to 12 undersigned counsel for the United States. Given the complex nature of the issues and the recent 13 reassignment of this case, the United States needs additional time to gather pertinent information, and 14 coordinate within the Department of Justice and Department of the Interior, to craft a response to the 15 Complaint. 16 Therefore, Plaintiffs and Defendants, by and through their respective counsel, and pursuant to 17 Local Rule 144, hereby stipulate and propose as follows: 18 (1) Defendants shall have an extension of 35 days, up to and including March 19, 2018, within which to respond to Plaintiffs’ Complaint; and 19 20 (2) The deadline for submitting the Joint Status Report shall be continued to March 26, 2018. 21 Respectfully Submitted, 22 Dated: February 2, 2018. 23 24 25 26 27 JEFFREY H. WOOD Acting Assistant Attorney General /s/ Andrea L. Berlowe ANDREA L. BERLOWE Senior Counsel /s/ Lester J. Marston (authorized 02/01/18) LESTER J. MARSTON Attorney for Plaintiff 28 30 Stip. to Extend Deadlines for Responsive Pleading and Joint Status Report; Order 2 1 Good Cause Appearing, IT IS SO ORDERED. 2 (1) Defendants shall respond to Plaintiffs’ Complaint on or March 19, 2018; and 3 (2) The parties shall submit a Joint Status Report on or before March 26, 2018. 4 5 Dated: 2/12/2018 6 7 8 9 Troy L. Nunley United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Stip. to Extend Deadlines for Responsive Pleading and Joint Status Report; Order 3

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