Alturas Indian Rancheria et al v. Zinke et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/9/2018 ORDERING Plaintiffs' Opposition Brief due by 5/7/2018; Motion Hearing RESET for 5/31/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Defendants' reply brief to opposition due 14 days prior to hearing; Join Status report due within 20 days after the Court rules on the motion. (Fabillaran, J)

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LESTER J. MARSTON
California State Bar No. 081030
RAPPORT AND MARSTON
405 West Perkins Street
Ukiah, California 95482
Telephone: [phone]
Facsimile: 707-462-4235
Email: [e-mail]

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Attorney for Plaintiffs
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JEFFREY H. WOOD
Acting Assistant Attorney General
ANDREA L. BERLOWE
Senior Counsel
U.S. Department of Justice
Environment and Natural Resources Division
Law and Policy Section
P.O. Box 7415
Washington, DC 20044-7415
Email: [e-mail]
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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WENDY DEL ROSA, and ALTURAS INDIAN
RANCHERIA, et al.,

Case No. 2:17-cv-01750-TLN-CMK

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Plaintiffs,
v.

STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR PLAINTIFFS
TO RESPOND TO DEFENDANTS
MOTION TO DISMISS

RYAN ZINKE, Secretary of the United States
Department of the Interior, et al.

[E.D. Cal. Local Rule 144(a)]

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Defendants.

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Date: April 19, 2018
Time: 2:00 p.m. PDT
Courtroom: 2, 15th Floor
Judge: Hon. Troy L. Nunley

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The parties hereby stipulate as follows:

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1.

Defendants filed its motion to dismiss plaintiffs’ complaint on March 19, 2018.

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2.

The hearing on defendants’ motion to dismiss is set for April 19, 2018 at 2:00 p.m.
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STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS

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3.

Counsel for the plaintiffs is the attorney of record responsible for the preparation and

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filing of briefs and presenting oral argument in the following cases pending before the Ninth Circuit

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Court of Appeals and the Seventh Circuit Court of Appeals in the following cases: United States of

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America, Ramona Band of Cahuilla, and Cahuilla Band of Indians v. Gregory Burnett and Fallbrook

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Public Utility District, in the United States Court of Appeals for the Ninth Circuit, No. 17-55664;

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Chemehuevi Indian Tribe, et al. v. John McMahon, et al., in the United States Court of Appeals for the

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Ninth Circuit, No. 17-56791; Chemehuevi Indian Tribe, et al. v. Edmund Brown, Jr., et al., in the

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United States Court of Appeals for the Ninth Circuit, No. 17-55604; Stockbridge-Munsee Community

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v. State of Wisconsin, et al., in the United States Court of Appeals for the Seventh Circuit, No. 18-

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1449; Yurok Tribe v. Resighini Rancheria, et al., in the United States Court of Appeals for the Ninth

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Circuit, No. 18-15309; and Andrew Allen, et al v. USA, et al., in the United States Court of Appeals for

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the Ninth Circuit, No. 17-17463.

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4.

Counsel for the plaintiffs currently has an opening brief due in Chemehuevi v.

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McMahon on April 9, 2018; an opening brief due in Allen v. USA on April 20, 2018; an opposition

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brief due in Stockbridge Munsee Community v. State of Wisconsin on May 23, 2018; and an opposition

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brief due in Yurok v. Resighini on June 25, 2018.

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5.

In addition to this case, plaintiff’s counsel has a brief due April 10, 2018 in April

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Diwald v. Jessica Jackson, in the United States District Court Northern District of California, Case No.

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16-cv-0128-RM.

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6.

In order to prepare the briefs due in the Ninth Circuit Court of Appeals, Seventh Circuit

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Court of Appeals, United States District Court, and in this case, plaintiffs’ counsel needs an extension

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of time until May 7, 2018 to file its opposition to defendants’ motion to dismiss in this case.

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7.

Plaintiffs have not requested a previous extension of time in this case.

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8.

The parties agree that the Court can grant the plaintiffs request for an extension of time.

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9.

The parties agree that the Court can issue an order granting the plaintiffs request for an

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extension of time until May 7, 2018, to file its opposition to defendants’ motion to dismiss.
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The parties shall file their joint status report, which was due on March 26, 2018, on or

before the expiration of twenty (20) days after the Court rules on the defendants’ motion to dismiss.
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STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS

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DATED: April 6, 2018

Respectfully Submitted,
RAPPORT AND MARSTON

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By:

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/s/ Lester J. Marston
LESTER J. MARSTON
Attorney for Plaintiffs,
Alturas Indian Rancheria and
Wendy Del Rosa, Chair

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JEFFREY H. WOOD
Acting Assistant Attorney General

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By:
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/s/ Andrea L. Berlowe
ANDREA L. BERLOWE
Senior Counsel

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ORDER

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Having read the foregoing stipulation of the parties and good cause appearing therefore,

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IT IS HEREBY ORDERED that:

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1.

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Plaintiffs’ opposition brief to defendants’ motion to dismiss shall be filed on or before

May 7, 2018;
2.

Defendants’ reply brief to plaintiffs’ opposition shall be due fourteen (14) days prior to

the hearing set by the Court on defendants’ motion to dismiss.
3.

The hearing currently set on April 19, 2018, on defendants’ motion to dismiss is

vacated.
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A hearing on defendants’ motion to dismiss is set for May 31, 2018, at 2:00 p.m. in

Courtroom 2, 15th floor.
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The parties shall file a joint status report on or before the expiration of twenty (20) days

after the Court rules on the defendants’ motion to dismiss.
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STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS

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Dated: April 9, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS