Hopland Band of Pomo Indians et al v. Salazar et al

Filing 16

ORDER TO EXTEND TIME to respond to complaint re: 14 STIPULATION WITH PROPOSED ORDER to Extend Time for Defendants to File a Re filed by Darren Cruzan, et al.. Signed by Judge Charles R. Breyer on 5/7/2012. (beS, COURT STAFF) (Filed on 5/8/2012)

Case3:12-cv-00556-CRB Document14 Filed05/04/12 Page1 of 4

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LESTER J. MARSTON
RAPPORT AND MARSTON
405 West Perkins Street
Ukiah, CA 95482
[phone]
[e-mail]
Attorney for Plaintiffs
STUART F. DELERY
Acting Assistant Attorney General
JOHN R. GRIFFITHS
Assistant Branch Director
JAMES D. TODD, JR.
Senior Counsel
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION
FEDERAL PROGRAMS BRANCH
20 Massachusetts Avenue, N.W.
Washington, DC 20001
[phone]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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HOPLAND BAND OF POMO INDIANS, )
et al.,
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Plaintiffs,
)
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v.
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KEN SALAZAR, Secretary of the Interior, )
et al.,
)
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Defendants.
)
___________________________________ )

Case No. 3:12CV556-CRB
Hon. Charles R. Breyer
Courtroom: N/A
Hearing: N/A
SECOND STIPULATION WITH
PROPOSED ORDER TO EXTEND TIME
FOR DEFENDANTS TO RESPOND TO
PLAINTIFFS’ COMPLAINT

Pursuant to Civil L.R. 6-2, and for good cause shown, the parties stipulate that the time
for defendants to respond to plaintiffs’ complaint shall be extended for a second time, from May
9, 2012 until May 23, 2012. Pursuant to Civil L.R, 6-2(a)(1), and in support of this stipulation,
the parties state as follows:
1. Plaintiffs filed and served their complaint on February 2, 2012, see Compl. &
Summons, ECF No. 1-2, and served it on the United States Attorney for the Northern
District of California on February 8, 2012. Pursuant to Fed. R. Civ. P. 12(a)(2) and
2d Stipulation to Extend Time for
Defendants to File Response to
Compl., No. 3:12CV556-CRB

Case3:12-cv-00556-CRB Document14 Filed05/04/12 Page2 of 4

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6(a)(1)(C), defendants’ time to respond to plaintiffs’ complaint originally was set for

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April 9, 2012. However, on March 23, 2012, the parties, for good cause shown, filed

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a stipulation for a 30-day extension of time for defendants to respond to plaintiffs’

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complaint. See Stip. with Proposed Order, ECF No. 9.

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2. On March 28, 2012, this Case was reassigned from Magistrate Judge Nandor J. Vadas

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to Judge Charles R. Breyer. See Order, ECF No. 12. On April 10, 2012, the Clerk

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entered a Notice setting the Case Management Statement due by June 15, 2012, and

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setting the Case Management Conference for June 22, 2012, at 8:30 a.m. See Clerk’s

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Notice, ECF No. 13.

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3. Undersigned counsel for defendants has been out of state from March 28, 2012 until

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April 12, 2012, first to visit to his dying father-in-law and then to deal with funeral

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planning, funeral arrangement, and preliminary estate matters concerning his late

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father-in-law. Even after his return, these personal affairs have kept and will continue

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to keep undersigned counsel for defendants out of the office on a number of different

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days. Since his return to the office, moreover, undersigned counsel for defendants has

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been tasked with helping the Deputy Solicitor General prepare for an argument in

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Salazar et al. v. Ramah Navajo Chapter, No. 11-551, before the Supreme Court on

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April 18, 2012, and has been tasked with assisting the Civil Appellate staff with

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͂
drafting an appellate brief in Los Coyotes Band of Cahuilla & Cupeno Indians v.

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Salazar, et al., No. 11-57222 (9th Cir.), due May 2, 2012. These events have

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prevented and will prevent defendants from having adequate time to prepare a file a

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response to plaintiffs’ complaint by May 9, 2012.

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4. The parties agree that, in light of the personal and professional obligations and

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commitments of undersigned counsel for defendants, a 14-day extension of time for

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defendants to prepare and file a response to plaintiffs’ complaint is reasonable and

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appropriate. Pursuant to Civil L.R. 6-2(a)(2), the parties agree that this is the second

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extension of time sought by defendants in this matter. Pursuant to Civil L.R. 6-

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2d Stipulation to Extend Time for
Defendants to File Response to
Compl., No. 1:12CV556-CRB

Case3:12-cv-00556-CRB Document14 Filed05/04/12 Page3 of 4

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2(a)(3), the parties further agree that this extension of time need not affect the dates

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set for the Case Management Statement and Case Management Conference.

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Accordingly, for good cause shown, the time for defendants to file a response to

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plaintiffs’ complaint shall be extended from May 9, 2012 to May 23, 2012.

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Respectfully Submitted,

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s/ Lester J. Marston
LESTER J. MARSTON
RAPPORT AND MARSTON
Attorney for Plaintiffs

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s/ James D. Todd, Jr.
JAMES D. TODD, JR.
Senior Counsel
U.S. DEPARTMENT OF JUSTICE
Attorney for Defendants

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Dated: May 4, 2012
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: ______________
May 7, 2012

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___________________
Charles R. BreyerDERED
R
United IT IS District Judge
States SO O

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2d Stipulation to Extend Time for
Defendants to File Response to
Compl., No. 1:12CV556-CRB