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

Filing 44

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE STAYED. Signed by Judge Charles R. Breyer on 10/16/2012. (crblc2, COURT STAFF) (Filed on 10/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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HOPLAND BAND OF POMO INDIANS ET
AL.,
Plaintiffs,

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SALAZAR ET AL.,
Defendants.

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The parties have filed cross-motions for summary judgment, which are currently set
for hearing on Friday, October 26, 2012, at 10:00 a.m. See dkts. 21, 32. The briefing on
those motions reveals that a case presenting very similar facts and legal issues is currently on
appeal in the Ninth Circuit, where the appeal has already been fully briefed. Los Coyotes
Band of Cahuilla v. Salazar, No. 10CV1448 AJB (NLS), 2011 U.S. Dist. LEXIS 125213
(S.D. Cal. Oct. 28, 2011), appeal docketed, No. 11-57222 (9th Cir. Dec. 22, 2011).

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ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE STAYED

v.

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No. C 12-00556 CRB

As the Ninth Circuit’s resolution of that case is likely to resolve important legal
disputes presented in the parties’ motions, the Court ORDERS BOTH PARTIES TO SHOW
CAUSE why further proceedings in this case should not be stayed pending the Ninth
Circuit’s resolution of Los Coyotes.
//
//

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Both parties shall simultaneously submit briefs of no more than five pages responding
to this Order by 5:00 p.m. Friday, October 19, 2012.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: October 16, 2012

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United States District Court
For the Northern District of California

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G:\CRBALL\2012\556\osc re stay.frm

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