Big Lagoon Rancheria v. State of California

Filing 66

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION FILING AND HEARING DATES. Set/Reset Deadlines: Big Lagoon's dispositive motion filed by 6/17/10; State's Opposition and any cross-motion due by 7/1/2010. Big Lagoon's Replies/cross opposition due by 7/15/2010. State's surreply due by 7/22/10. Motion Hearing set for 8/12/2010 at 02:00 PM before Judge Claudia Wilken. Signed by Judge Joseph C. Spero on 03/23/10. (klh, COURT STAFF) (Filed on 3/23/2010)

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EDMUND G. BROWN JR. Attorney General of California SARA J. DRAKE Acting Senior Assistant Attorney General RANDALL A. PINAL Deputy Attorney General State Bar No. 192199 110 West A Street, Suite 1100 San Diego, CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant State of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

BIG LAGOON RANCHERIA, a Federally Recognized Indian Tribe,

CV 09-1471 CW (JCS)

v. STATE OF CALIFORNIA,

STIPULATION TO CONTINUE Plaintiff, DISPOSITIVE MOTION FILING AND HEARING DATES

Original Dates Plaintiff's Motion: April 1, 2010 Defendant's Opposition/ Cross-motion: April 15, 2010 Defendant. Plaintiff's Reply/ Cross-opposition: April 29, 2010 Defendant's Surreply: May 6, 2010 Hearing: June 3, 2010 Courtroom: 2, Fourth Floor Judge: The Honorable Claudia Wilken Trial Date: n/a Action Filed: April 3, 2009

IT IS HEREBY STIPULATED by and between Plaintiff Big Lagoon Rancheria (Big Lagoon) and Defendant State of California (State), through their respective counsel, as follows: On August 19, 2009, the Court issued a Minute Order and Case Management Order (Case Management Order) indicating that fact discovery in this action should be completed by January
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29, 2010. (Doc. 30.) The Case Management Order also established a schedule for filing and hearing case-dispositive motions as follows: Big Lagoon's dispositive motion is due by April 1, 2010; the State's opposition and any cross-motion is due by April 15, 2010; Big Lagoon's reply/cross-opposition to the State's motion is due by April 29, 2010; the State's surreply is due by May 6, 2010; and the matter is set to be heard on June 3, 2010. (Id.) The Court also scheduled a case management conference for June 3, 2010, whether or not dispositive motions are filed. (Id.) On December 21, 2009, pursuant to stipulation by the parties (Doc. 32), the Court continued the date for fact discovery completion to February 26, 2010, and left unchanged all remaining dates in the Case Management Order. (Doc. 35.) On December 16, 2009, the State filed a motion for a protective order against some of Big Lagoon's requests for production of documents. (Doc. 33.) Judge Claudia Wilken referred the State's motion to Magistrate Judge Joseph C. Spero (Doc. 34), who heard the motion on March 5, 2010 (Doc. 54). Magistrate Judge Spero denied the motion but did not rule on any privileges, and ordered the parties to meet and confer to narrow the disputed discovery requests (see id.), which the parties are currently working to resolve. The State intends to file objections to the magistrate judge's decision. On February 26, 2010, the State filed a motion to continue the fact discovery completion date because the United States Department of the Interior has not yet provided documents necessary for one of the State's affirmative defenses. (Doc. 48.) Judge Wilken referred the State's motion to Magistrate Judge Spero (Doc. 49), who, pursuant to stipulation, ordered the motion to be heard on shortened notice (Doc. 53). On March 17, 2010, Magistrate Judge Spero granted the State's motion in part and denied it in part. (Doc. 60.) The Court continued to May 31, 2010, the fact discovery completion for the State to obtain documents subpoenaed from the United States only and for no other fact discovery. (Id.) The Court also continued the dispositive motion hearing date to August 19, 2010, and ordered the parties to stipulate to a briefing schedule. (Id.) The State intends to file objections to the magistrate judge's decision. On March
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18, 2010, Judge Wilken's clerk advised counsel that Judge Wilken is unavailable on August 19, 2010, but could hear dispositive motions on August 12, 2010. Pursuant to Magistrate Judge Spero's March 17, 2010 order requiring the parties to stipulate to a new briefing schedule for the filing of dispositive motions, counsel agree to the following briefing schedule: Big Lagoon's dispositive motion would be due by June 17, 2010; the State's opposition and any cross-motion would be due by July 1, 2010; Big Lagoon's reply/crossopposition to the State's motion would be due by July 15, 2010; the State's surreply would be due by July 22, 2010; and the matter would be set to be heard on August 12, 2010. The Court would also conduct a case management conference on August 12, 2010, whether or not dispositive motions are filed. The parties' stipulation is made pending the Court's approval, and without prejudice to the State's pending motion to stay and, alternatively, to continue the dispositive motion filing and hearing dates (Doc. 50), or the parties' rights to request further continuances. The State further believes that good cause to continue the dispositive motion filing and hearing dates arises out of the above-described ongoing discovery disputes and the State's forthcoming objections to the magistrate judge's orders. THEREFORE, the parties respectfully request that the Court reset the case-dispositive motion filing and hearing dates as follows: Big Lagoon's dispositive motion would be due by June 17, 2010; the State's opposition and any cross-motion would be due by July 1, 2010; Big Lagoon's reply/cross-opposition to the State's motion would be due by July 15, 2010; the State's surreply would be due by July 22, 2010; and the matter would be set to be heard on August 12,

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2010. The Court would also conduct a case management conference on August 12, 2010, whether or not dispositive motions are filed. IT IS SO STIPULATED. Dated: March 22, 2010 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California SARA J. DRAKE Acting Senior Assistant Attorney General

s/Randall A. Pinal RANDALL A. PINAL Deputy Attorney General Attorneys for Defendant State of California Dated: March 22, 2010 BAKER & MCKENZIE LLP PETER J. ENGSTROM, ESQ. BRUCE H. JACKSON, ESQ. IRENE V. GUTIERREZ, ESQ.

s/Bruce H. Jackson BRUCE H. JACKSON, ESQ. Attorneys for Plaintiff Big Lagoon Rancheria
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