Buena Vista Rancheria of Me-Wuk Indians v. Newsom et al

Filing 17

STIPULATION OF THE PARTIES REGARDING DATES TO FILE OPPOSITION AND REPLY BRIEFS, AND FOR STATUS CONFERENCE AND SCHEDULING REPORT, AND ORDER THEREON. Order signed by Magistrate Judge Sheila K. Oberto on 11/15/2023. Initial Scheduling Conference set for 12/5/2023 is CONTINUED to 1/25/2024 at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)

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ROB BONTA
Attorney General of California
T. MICHELLE LAIRD
Acting Senior Assistant Attorney General
NOEL A. FISCHER, State Bar No. 232553
Deputy Attorney General
ERICA BECKER, State Bar No. 348211
Deputy Attorney General
JOHN M. APPELBAUM, State Bar No. 149643
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
LESTER J. MARSTON, State Bar No. 081030
RAPPORT AND MARSTON
405 West Perkins Street
Ukiah, CA 95482
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Buena Vista Rancheria of Me-Wuk
Indians

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BUENA VISTA RANCHERIA OF MEWUK INDIANS,

2:23-cv-01790-ADA-SKO

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STIPULATION OF THE PARTIES
Plaintiff, REGARDING DATES TO FILE
OPPOSITION AND REPLY BRIEFS,
v.
AND FOR STATUS CONFERENCE AND
SCHEDULING REPORT, AND ORDER
THEREON
GAVIN NEWSOM, Governor of California,
and STATE OF CALIFORNIA,
Courtroom: 1
Judge:
The Honorable Ana de Alba
Defendants. Trial Date:
Not Yet Set
Action Filed: August 22, 2023

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The parties, through their undersigned legal counsel, hereby stipulate as follows:

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Stipulation of the Parties re Dates to File Opposition and Reply Briefs,
and for Status Conference and Scheduling Report, and Order Thereon (2:23-cv-01790-ADA-SKO)

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1.

Plaintiff Buena Vista Rancheria of Me-Wuk Indians (Plaintiff) served, and

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defendants Gavin Newsom in his official capacity as Governor of the State of California and the

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State of California (Defendants) accepted service of, the summons, complaint, civil case cover

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sheet, Order Setting Status (Pretrial Scheduling) Conference, Notice of Availability of Magistrate

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Judge to Exercise Jurisdiction and Appeal Instructions, Notice of Availability of Voluntary

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Dispute Resolution, Notice of Related Cases, Notice of Errata to Complaint, Exhibit B to the

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Complaint, and Order Reassigning Cases for All Purposes, in this case on September 25, 2023.

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2.

On October 2, 2023, consistent with the parties’ stipulation, this Court granted and

ordered that Defendants file their answer or other responsive pleading to the summons and
complaint on or before November 6, 2023. ECF No. 12.

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3.

On November 6, 2023, Plaintiff filed and served on Defendants a Notice of Motion

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and Motion for Partial Summary Judgment and Declaration of Lester J. Marston Regarding

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Compliance with Standing Order, Memorandum of Points and Authorities in Support of Plaintiff

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Buena Vista Rancheria’s Motion for Partial Summary Judgment, Declaration of Wayne Smith,

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Statement of Undisputed Facts, Request for Judicial Notice, and Proposed Findings of Fact on

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November 6, 2023. ECF No. 13.

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4.

Also on November 6, 2023, Defendants filed and served on Plaintiff a Notice of

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Motion and Motion to Dismiss and Motion to Strike Plaintiff’s Third and Fourth Causes of

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Action and Related Claims, Memorandum of Points and Authorities in Support of Thereof, and

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Declaration of Counsel in Support Thereof. ECF No. 14.

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5.

Plaintiff and Defendants’ oppositions to the respective motions are currently due

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on November 20, 2023. Plaintiff and Defendants’ respective replies are currently due on

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November 30, 2023.

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6.

Given the complexity of this litigation, the upcoming Thanksgiving holidays, and

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the Court’s busy docket, the parties agree that the filing date for each party’s opposition brief is

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extended to on or before Monday, December 4, 2023. The parties further agree that the filing

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date for each party’s reply brief is extended ten days, to on or before Thursday, December 14,

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2023.

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Stipulation of the Parties re Dates to File Opposition and Reply Briefs,
and for Status Conference and Scheduling Report, and Order Thereon (2:23-cv-01790-ADA-SKO)

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7.

The parties believe that their respective motions will substantially narrow the

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issues to be litigated in this matter thereby impacting the issues to be addressed in any required

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scheduling report, including the scope of any remaining litigation. In order to produce a more

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meaningful scheduling report and to conserve judicial resources, the parties agree to extend the

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current Scheduling Conference date from December 5, 2023 (ECF No. 12) to January 23, 2024,

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or as soon thereafter as the Court may accommodate. The parties’ scheduling report will

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therefore be due January 16, 2024. Plaintiff will provide Defendants a draft scheduling report by

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December 29, 2023, Defendants will provide their written review of the report to Plaintiff by

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January 8, 2024, and the parties will meet and confer on the report no later than January 12, 2024.

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The report will be filed with the Court on January 16, 2024.
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Plaintiff and Defendants request the Court to enter an order approving this

stipulation and ordering the parties to carry out the terms of this stipulation.

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Dated: November 14, 2023

Respectfully submitted,
ROB BONTA
Attorney General of California
T. MICHELLE LAIRD
Acting Senior Assistant Attorney General
NOEL A. FISCHER
Deputy Attorney General
ERICA BECKER
Deputy Attorney General

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/s/ John M. Appelbaum

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JOHN M. APPELBAUM
Deputy Attorney General
Attorneys for Defendants

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Dated: November 14, 2023

Respectfully Submitted,
RAPPORT AND MARSTON
/s/ Lester J. Marston (as authorized
on 11/14/23)
LESTER J. MARSTON
Attorney for Plaintiff
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Stipulation of the Parties re Dates to File Opposition and Reply Briefs,
and for Status Conference and Scheduling Report, and Order Thereon (2:23-cv-01790-ADA-SKO)

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ORDER

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Having considered the foregoing stipulation of the parties regarding their respective

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motions, Plaintiff Buena Vista Rancheria of Me-Wuk Indians’ motion for partial summary

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judgment (Doc. 13), and Defendants’ motion to dismiss (Doc. 14), and the corresponding request

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to continue the scheduling conference deadlines, and good cause appearing therefore, IT IS

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HEREBY ORDERED, that the above stipulation of the parties is hereby approved as follows:
1.

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The parties shall file their respective oppositions to the opposing party’s motion

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for partial summary judgment and motion to dismiss on or before December 4, 2023, and the

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parties may file any reply briefs ten days thereafter, on or before December 14, 2023; and
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The current Scheduling Conference scheduled for December 5, 2023, is

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VACATED and rescheduled to January 25, 2024, at 10:15 a.m. The parties’ Joint Scheduling

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Report shall be filed seven (7) days before the Scheduling Conference. The parties will comply

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with their stipulated process for timely filing their scheduling report.

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IT IS SO ORDERED.

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Dated:

/s/ Sheila K. Oberto

November 15, 2023

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UNITED STATES MAGISTRATE JUDGE

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Stipulation of the Parties re Dates to File Opposition and Reply Briefs,
and for Status Conference and Scheduling Report, and Order Thereon (2:23-cv-01790-ADA-SKO)