Anderson v. Duran et al

Filing 21

STIPULATION AND ORDER TO CONTINUE HEARING AND BRIEFING SCHEDULE ON PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION TO ALLOW PARTIES TIME TO ENGAGE IN ONGOING SETTLEMENT DISCUSSIONS. Preliminary Injunction Hearing set for 11/22/2013 10:00 AM. Signed by Judge Richard Seeborg on 10/25/13. (cl, COURT STAFF) (Filed on 10/25/2013)

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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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For the Northern District of California

United States District Court

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JOHN P. ANDERSON, in his official capacity as the ) CASE NO. 3:13-cv-04825-RS
)
Sheriff of Madera County, and individually,
) [Action filed: October 17, 2013
) Assigned to: Hon. Richard Seeborg
Plaintiff,
) Dept: Courtroom 3]
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v.
)
)
JACK DURAN, JR., in his purported official capacity )
as Judge of the Picayune Rancheria of the Chukchansi )
Indians Tribal Court;
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DONNA HOWARD, in her purported official capacity )
as Clerk of the Picayune Rancheria of the Chukchansi )
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Indians Tribal Court;
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THE PICAYUNE RANCHERIA OF THE
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CHUKCHANSI INDIANS, a federally recognized
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Indian Tribe;
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CHUKCHANSI ECONOMIC DEVELOPMENT
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AUTHORITY, a wholly owned unincorporated entity )
of the Picayune Rancheria of the Chukchansi Indians; )
CHUKCHANSI INDIAN HOUSING AUTHORITY, )
a wholly owned unincorporated entity of the Picayune )
Rancheria of the Chukchansi Indians;
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)
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ORDER TO CONTINUE HEARING
AND BRIEFING SCHEDULE ON
PLAINTIFF’S REQUEST FOR
PRELIMINARY INJUNCTION AND
CONTINUING IN FORCE THIS
COURT’S TEMPORARY
RESTRAINING ORDER EARLIER
ISSUED, AS MODIFIED BY THE
COURT

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1
ORDER TO CONTINUE

Case No. 3:13-cv-04825-RS

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For the Northern District of California

United States District Court

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REGGIE LEWIS, in his purported official capacities )
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as chairman of the Picayune Rancheria of the
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Chukchansi Indians; a representative of the
Chukchansi Economic Development Authority; and a )
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representative of the Chukchansi Indian Housing
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Authority;
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CHANCE ALBERTA, in his purported official
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capacities as vice chairman of the Picayune Rancheria )
of the Chukchansi Indians; a representative of the
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Chukchansi Economic Development Authority; and a )
representative of the Chukchansi Indian Housing
)
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Authority;
CARL BUSHMAN, in his purported official capacities )
as a council member of the Picayune Rancheria of the )
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Chukchansi Indians; a representative of the
Chukchansi Economic Development Authority; and a )
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representative of the Chukchansi Indian Housing
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Authority;
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IRENE WALTZ, in her purported official capacities as )
a council member of the Picayune Rancheria of the )
Chukchansi Indians; a representative of the
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Chukchansi Economic Development Authority; and a )
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representative of the Chukchansi Indian Housing
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Authority;
LYNN CHENOT, in her purported official capacities )
as a council member of the Picayune Rancheria of the )
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Chukchansi Indians; a representative of the
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Chukchansi Economic Development Authority; and a )
representative of the Chukchansi Indian Housing
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Authority;
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DAVID CASTILLO, in his purported official
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capacities as a council member of the Picayune
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Rancheria of the Chukchansi Indians; a representative )
of the Chukchansi Economic Development Authority; )
and a representative of the Chukchansi Indian Housing )
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Authority; and
MELVIN ESPE, in his purported official capacities as )
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a council member of the Picayune Rancheria of the
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Chukchansi Indians, a representative of the
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Chukchansi Economic Development Authority; and a )
representative of the Chukchansi Indian Housing
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Authority.
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Defendants.
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ORDER TO CONTINUE

Case No. 3:13-cv-04825-RS

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PURSUANT TO THE STIPULATION OF THE PARTIES EARLIER APPEARING
BEFORE THIS COURT AND GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED:

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All deadlines set forth on this Court’s Order of October 21, 2013, are hereby

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continued for two weeks.

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injunction is continued from Friday, November 8, 2013, to Friday, November 22, 2013 at 10:00

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a.m. The deadline for filing Specially Appearing Defendants’ Opposition Briefs is continued from

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Friday, October, 25, 2013, to Friday, November 8, 2013. The deadline for filing Plaintiff’s Reply

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Brief is continued from Friday, November 1, 2013, to Friday November 15, 2013.

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2.

Specifically, the hearing on Plaintiff’s request for a preliminary

This Court’s Order Granting Application for Temporary Restraining Order and

(“TRO”), issued on October 21, 2013 is to remain in full force and effect through and to the hearing

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For the Northern District of California

Order to Show Cause Why a Preliminary Injunction Should Not Issue, as Modified By the Court

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United States District Court

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on Plaintiff’s request for a preliminary injunction for hearing on Friday, November 22, 2013.

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3.

Counsel for Plaintiff shall give notice by email to all counsel of record heretofore

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appearing or otherwise known to be representing any party or parties affected by this continuance

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and file a proof of service with this court within 48 hours of receiving a copy of this Order, once

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signed.

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4.

Notice of the continued dates in this stipulation may be effectuated by e-mail to all

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counsel identified in the stipulation. This e-mail notification does not waive any of the Specially

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Appearing Defendants’ arguments against this Court’s jurisdiction.

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IT IS SO ORDERED.

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22 Dated this 25 day of October, 2013;
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___________________________________________
Honorable Richard Seeborg
United States District Court Judge

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ORDER TO CONTINUE

Case No. 3:13-cv-04825-RS