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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ADRIAN JOHN, SR., et al.,

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For the Northern District of California

United States District Court

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No. C 16-02368 WHA

Petitioners,
v.

ORDER RE HEARING ON
MOTION TO DISMISS

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AGUSTIN GARCIA, et al.,

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Respondents.
/

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A prior notice urged counsel for the United States to meet with counsel for both sides in

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this matter prior to the hearing on respondents’ motion to dismiss and attempt to articulate a

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precise recommended procedure for obtaining reconsideration by the Council as to all named

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petitioners (Dkt. No. 46). The Court requests that counsel for the United States submit a written

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statement detailing any such procedure by FEBRUARY 1 AT 5:00 P.M.

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Additionally, respondents shall ensure that tribal decisionmakers attend the hearing and

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are prepared to clearly state whether or not any proposed procedure for obtaining

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reconsideration will be honored in full. Petitioners shall be prepared to explain why, if at all,

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any proposed procedures are inadequate. Both sides shall also be prepared to discuss the extent,

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if any, to which the Bureau of Indian Affairs might provide relief from disenrollment.

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IT IS SO ORDERED.

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Dated: January 31, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE