The Mishewal Wappo Tribe of Alexander Valley v. Salazar

Filing 48

STIPULATION AND ORDER AS MODIFIED BY THE COURT Granting Plaintiff Leave to File First Amended Complaint re 47 Stipulation. First Amended Complaint due by 5/11/2010 as a separate docket entry. Signed by Judge James Ware on 5/6/2010. (ecg, COURT STAFF) (Filed on 5/6/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744­6491 FAX: [phone] e-mail: [e-mail] Attorneys for Federal Defendant

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MISHEWAL WAPPO TRIBE OF ALEXANDER VALLEY, Plaintiff, v. KEN SALAZAR, Defendant.

No. 5:09-cv-02502-JW STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT Date: N/A

Time: N/A Courtroom No. N/A Hon. James Ware

Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation and Proposed Order Granting Plaintiff Leave to File First Amended Complaint

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plaint.

Plaintiff Mishewal Wappo Tribe of Alexander Valley and Defendant Kenneth Salazar hereby stipulate as follows: 1. Subject to approval of this Stipulation by the Court, Plaintiff may file the First Amended

Complaint submitted herewith as Attachment 1. 2. Upon approval of this Stipulation, Plaintiff will separately file the First Amended Com-

3.

Defendant's obligation to plead in response to the First Amended Complaint is stayed

pending continued settlement negotiations in this matter. 4. By joining this Stipulation, Defendant does not concede the validity of any claim or cause

of action or the truth of any averment of fact. Defendant preserves all defences with respect to the proposed First Amended Complaint.

SO STIPULATED: FOR THE PLAINTIFF DATED: May 3, 2010 /s/Joseph L. Kitto [Concurrence obtained per General Order 45.X] JOSEPH L. KITTO 1801 Gibson Blvd. SE unit 1114 Albuquerque, New Mexico 87106 Tel: [phone] Email: [e-mail] FOR THE DEFENDANT DATED: May 3, 2010 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail]
Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation and Proposed Order Granting Plaintiff Leave to File First Amended Complaint

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ATTORNEY ATTESTATION OF CONCURRENCE I hereby attest that I have obtained concurrence in this filing for the signature of Plaintiff's counsel indicated by a "conformed" signature ("/s/") within this e-filed document. Dated: May 3, 2010 /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment and Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation and Proposed Order Granting Plaintiff Leave to File First Amended Complaint

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May 6, 2010 DATED: _______________

[PROPOSED] ORDER Upon consideration of the foregoing Stipulation, good cause having been shown, it is hereby ORDERED that: 1. 2. 3. The Stipulation is approved; Plaintiff may file its proposed First Amended Complaint; and Defendant's obligation to plead in response to the First Amended Complaint is stayed

pending continued settlement negotiations in this matter.

SO ORDERED. The First Amended Complaint shall be filed as a separate docket entry on or before May 11, 2010.

_______________________________ JAMES WARE UNITED STATES DISTRICT JUDGE

Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation and Proposed Order Granting Plaintiff Leave to File First Amended Complaint

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 3, 2010

CERTIFICATE OF SERVICE I, David B. Glazer, hereby certify that, on May 3, 2010, I caused the foregoing to be served upon counsel of record through the Court's electronic service system and upon additional counsel at the address below by U.S. Mail: Kelly F. Ryan, Esq. Susan X. Romero, Esq. The Ryan Law Firm 80 South Lake Avenue, Ste. 500 Pasadena, California 91101 I declare under penalty of perjury that the foregoing is true and correct.

/s/David B. Glazer David B. Glazer

Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation and Proposed Order Granting Plaintiff Leave to File First Amended Complaint

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