Redding Rancheria v. Salazar et al

Filing 16

STIPULATION AND ORDER FOR FILING OF OVERSIZED BRIEFS, SCHEDULING BRIEFING. Signed by Judge Samuel Conti on 9/13/11. (tdm, COURT STAFF) (Filed on 9/13/2011)

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LESTER J. MARSTON, California State Bar No. 081030
DAVID J. RAPPORT, California State Bar No. 054384
RAPPORT AND MARSTON
405 West Perkins Street, P.O. Box 488
Ukiah, CA 95482
Telephone: [phone]
Facsimile: 707-462-4235
e-mail: [e-mail]
[e-mail]
TRACY EDWARDS, California Bar No. 195402
NEAL MALMSTEN, California Bar No. 237487
OFFICE OF THE TRIBAL ATTORNEY
REDDING RANCHERIA
2000 Redding Rancheria Road
Redding, CA 96001
Telephone: [phone]
Facsimile: 530-241-1879
e-mail: [e-mail]
[e-mail]

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SARA DUTSCHKE SETSHWAELO, California Bar No. 244848
SNR DENTON US LLP
525 Market Street, 26 th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: 415-882-0300
e-mail: [e-mail]

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Attorneys for Plaintiff
Redding Rancheria

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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REDDING RANCHERIA,
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)
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Plaintiff,
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v.
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KENNETH SALAZAR, in his official
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capacity as the Secretary of the United
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States Department of the Interior, and
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LARRY ECHO HAWK, in his official
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capacity as the Assistant Secretary for
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Indian Affairs for the United States
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Department of the Interior,
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Defendants.
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__________________________________ )

Case No. CV 11-01493 SC
STIPULATION FOR FILING OF OVERSIZED
BRIEFS, SCHEDULING BRIEFING, AND
ORDER THEREON

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STIPULATIO N FOR FILIN G OF OVERSIZED BRIEFS
ANDORDER THEREON ,

Case No. CV 11-01493-SC

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The parties, recognizing the complexity of the issues raised in this case, the size of the

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administrative record, and given the fact that this case raises legal issues of first impression that

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have never been addressed by a federal court before, hereby stipulate, by and through their

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respective undersigned legal counsel, as follows:
1.

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On or before September 30, 2011, the plaintiff and defendants will file their cross-

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motions for summary judgment pursuant to Fed. R. Civ. P. 56, together with supporting

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memoranda of points and authorities and appropriate supporting documents with this Court. Each

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moving party may file an oversized memorandum of points and authorities not to exceed thirty-

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five (35) pages in length.
2.

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On or before October 28, 2011, any party may file a memorandum of points and

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authorities in opposition to the other party’s motion for summary judgment not to exceed twenty-

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five (25) pages, pursuant to Civil Local Rule (“L.R.”) 7-3(a).
3.

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opposition to a motion for summary judgment may file a reply brief not to exceed fifteen (15)
pages, pursuant to Civil Local Rule (“L.R.”) 7-3(c).
4.

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The parties respectfully ask the Court to set December 2, 2011, at 10:00 a.m. for

the hearing of their cross-motions for summary judgment.
5.

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On or before November 14, 2011, any moving party responding to a brief filed in

In view of the parties stipulation to the foregoing briefing schedule for cross-

motions for summary judgment, the parties respectfully ask the Court to vacate the Case
Management Conference on the calendar for September 23, 2011.

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6.

With the filing of this Stipulation, the parties request that the Court enter an order

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approving the Stipulation.
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DATED: September 12, 2011

RAPPORT AND MARSTON

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/s/
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By:
Lester J. Marston
Attorneys for Plaintiff Redding Rancheria

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//

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STIPULATIO N FOR FILIN G OF OVERSIZED BRIEFS
ANDORDER THEREON ,

Case No. CV 11-01493-SC

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DATED: September 12, 2011

MELINDA L. HAAG
United States Attorney

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/s/
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By:
CHARLES M. O’CONNOR,
Assistant U. S. Attorney

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IGNACIA S. MORENO
Assistant Attorney General
MATTHEW M. MARINELLI (ILBN 6277967)
United States Department of Justice

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Trial Attorney

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Attorneys for the Defendants

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ORDER

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Having read the foregoing Stipulation of the parties, and good cause appearing therefor,

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IT IS HEREBY ORDERED that the parties’ request to file oversized briefs, follow the

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briefing schedule set forth herein above, set the hearing of their cross-motions for December 2,

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2011 at 10:00 a.m., and vacate the Case Management Conference scheduled on September 23,

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2011, in accordance with the above Stipulation, is hereby approved.

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9/13
DATED: __________________, 2011

onti

amuel C

NO

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Judge S

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R NIA

SAMUEL CONTI ORDERED
SO
United States IT IS
District Court Judge
Northern District of California

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UNIT
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STIPULATIO N FOR FILIN G OF OVERSIZED BRIEFS
ANDORDER THEREON ,

Case No. CV 11-01493-SC