John et al v. Garcia et al

Filing 47

ORDER RE HEARING ON MOTION TO DISMISS. Signed by Judge Alsup on 1/31/2017. (whalc2, COURT STAFF) (Filed on 1/31/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 ADRIAN JOHN, SR., et al., 11 For the Northern District of California United States District Court 10 No. C 16-02368 WHA Petitioners, v. ORDER RE HEARING ON MOTION TO DISMISS 12 AGUSTIN GARCIA, et al., 13 Respondents. / 14 15 A prior notice urged counsel for the United States to meet with counsel for both sides in 16 this matter prior to the hearing on respondents’ motion to dismiss and attempt to articulate a 17 precise recommended procedure for obtaining reconsideration by the Council as to all named 18 petitioners (Dkt. No. 46). The Court requests that counsel for the United States submit a written 19 statement detailing any such procedure by FEBRUARY 1 AT 5:00 P.M. 20 Additionally, respondents shall ensure that tribal decisionmakers attend the hearing and 21 are prepared to clearly state whether or not any proposed procedure for obtaining 22 reconsideration will be honored in full. Petitioners shall be prepared to explain why, if at all, 23 any proposed procedures are inadequate. Both sides shall also be prepared to discuss the extent, 24 if any, to which the Bureau of Indian Affairs might provide relief from disenrollment. 25 26 IT IS SO ORDERED. 27 28 Dated: January 31, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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