The Mishewal Wappo Tribe of Alexander Valley v. Salazar

Filing 62

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 60 Stipulation. Mediation deadline set for 1/31/2011. Hearing on Intervenor-Defendants' Motions to Dismiss set for 2/14/2011 09:00 AM. Signed by Judge James Ware on 10/7/2010. (ecg, COURT STAFF) (Filed on 10/7/2010)

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The Mishewal Wappo Tribe of Alexander Valley v. Salazar Doc. 62 1 2 3 4 5 6 7 Attorneys for the County of Lake UNITED STATES DISTRICT COURT ER N C F D IS T IC T O R 10/7/2010 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 10 11 12 13 14 15 16 Defendant, 17 18 19 20 21 22 23 24 25 26 27 28 1 MISHEWAL WAPPO TRIBE OF ALEXANDER VALLEY, Plaintiff, Case No. 5:09-cv-02502-JW Hon. James Ware STIPULATION AND PROPOSED ORDER v. KENNETH SALAZAR, in his capacity as Secretary of the Interior, COUNTY OF LAKE, CALIFORNIA, Intervenor-Defendant, COUNTY OF NAPA, CALIFORNIA, Intervenor-Defendant, COUNTY OF SONOMA, CALIFORNIA, Intervenor-Defendant. Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation And Proposed Order Dockets.Justia.com A LI ANITA L. GRANT (State Bar No. 144603) County Counsel LLOYD C. GUINTIVANO (State Bar No. 242944) Deputy County Counsel 255 North Forbes Street Lakeport, California 95453 Telephone: 707/263-2321 Facsimile: 707/263-0702 UNIT ED S S DISTRICT TE C TA FO mes Wa Judge Ja re R NIA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H 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 Subject to approval of this Stipulation by the Court, Plaintiff Mishewal Wappo Tribe of Alexander Valley, Defendant Kenneth Salazar, and Intervenor-Defendants County of Napa, County of Sonoma, and County of Lake hereby stipulate the following: 1. The parties agree to extend the deadline date for mediation to January 31, 2011. 2. The parties shall appear for a hearing on the Intervenor-Defendants' Motions to Dismiss on January 31, 2011, at 9:00 a.m. 3. In the event the court denies the Motions to Dismiss, in whole or in part, the parties shall subsequently meet and confer on a proposed schedule for initial disclosures, discovery, and summary judgment motions within fifteen (15) days after the court's entry of an order denying the Motions to Dismiss. Within thirty (30) days after the conclusion of the meet and confer, the parties, either by stipulation from the meet and confer or by noticed motion, shall request the court to enter an order setting an initial disclosures, discovery, and summary judgment schedule. SO STIPULATED: FOR THE PLAINTIFF DATED: October 5, 2010 /s/ Joseph L. Kitto________________ [Concurrence obtained per General Order 45.X] JOSEPH L. KITTO P.O. Box 819 Lower Lake, California 95457 Tel: (505) 977-3079 Email: KITTO@SOVSYS.NET FOR THE DEFENDANT DATED: October 5, 2010 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/_David B. Glazer_______________ [Concurrence obtained per General Order 45.X] 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: (415) 744-6491 Fax: (415) 744-6476 E-mail: David.Glazer@usdoj.gov 2 Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation And Proposed Order 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: October 5, 2010 /s/ Anita L. Grant ANITA L. GRANT, County Counsel County of Lake 3 FOR INTERVENTOR-DEFENDANT ­ COUNTY OF NAPA DATED: October 5, 2010 /s/_Thomas S. Capriola__________________ THOMAS S. CAPRIOLA County of Napa Office of the County Counsel 1195 Third Street, Suite 301 Napa, CA 94559 (707) 259-8251 (707) 259-8220 (fax) thomas.capriola@countyofnapa.org FOR INTERVENTOR-DEFENDANT ­ COUNTY OF Sonoma DATED: October 5, 2010 /s/_Jeffrey M. Brax_______________ JEFFREY M. BRAX [Concurrence obtained per General Order 45.X] County of Sonoma Office of the Sonoma County Counsel 575 Administration Drive, Room 105A Santa Rosa, CA 95402 (707) 565-2421 jbrax@sonoma-county.org FOR INTERVENTOR-DEFENDANT ­ COUNTY OF LAKE DATED: October 5, 2010 /s/_Anita L. Grant___________________ ANITA L. GRANT [Concurrence obtained per General Order 45.X] County of Lake Office of County Counsel, Courthouse 255 N. Forbes Street Lakeport, CA 95453 707-263-2321 707-263-0702 (fax) anitag@co.lake.ca.us Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation And Proposed Order 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: October 5, 2010 ATTORNEY ATTESTATION OF CONCURRENCE I hereby attest that I have obtained concurrence in this filing for the signature of Plaintiff's counsel, Defendant's Counsel, Intervenor-Defendant County of Sonoma, and Intervenor-Defendant County of Napa indicated by a "conformed" signature ("/s/") within this e-filed document. /s/ Anita L. Grant_______________________ County of Lake Office of the County Counsel 255 North Forbes Street Lakeport, CA 94559 (707) 263-2321 (707) 263-0702 (fax) anitag@co.lake.ca.us 4 Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation And Proposed Order 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: October 7, 2010 [PROPOSED] ORDER Upon consideration of the foregoing Stipulation, good cause having been shown, it is hereby ORDERED that: 1. The Stipulation is approved; and 2. The deadline for mediation is hereby extended to January 31, 2011; and 3. The hearings on the motions to dismiss and motions for summary judgment currently scheduled for November 29, 2010 are cancelled; and The Court shall appear hearing on the the Intervenor-Defendants' Motions to Dismiss 4. The parties continues thefor a hearing onIntervenor-Defendants'Motion to Dismiss from on November 29, 2010 to February 14, 2011 at 9:00 AM; and January 31, 2011, at 9:00 a.m; and 5. In the event this court denies the Motions to Dismiss, in whole or in part, the parties shall subsequently meet and confer on a proposed schedule for initial disclosures, discovery, and summary judgment motions within fifteen (15) days after the court's entry of an order denying the Motions to Dismiss. Within thirty (30) days after the conclusion of the meet and confer, the parties, either by stipulation from the meet and confer or by noticed motion, shall request the court to enter an order setting a schedule for initial disclosures, discovery, and summary judgment. PURSUANT TO THE STIPULATION, IT IS SO ORDERED. ________________________________ JAMES WARE, UNITED STATES DISTRICT JUDGE 5 Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation And Proposed Order 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 CERTIFICATE OF SERVICE I, Anita L. Grant, hereby certify that, on October 5, 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. Dated: October 5, 2010 /s/ Anita L. Grant____________ Anita L. Grant 6 Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-JW Stipulation And Proposed Order

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