Cloverdale Rancheria of Pomo Indians of California et al v. Salazar et al

Filing 39

ORDER STAYING DETERMINATION OF PENDING MOTIONS. Signed by Judge Jeremy Fogel on 10/8/2010. (jflc3, COURT STAFF) (Filed on 10/8/2010)

Cloverdale Rancheria of Pomo Indians of California et al v. Salazar et al

Doc. 39

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**E-Filed 10/8/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. 5:10-cv-1605 JF/PVT CLOVERDALE RANCHERIA OF POMO INDIANS OF CALIFORNIA, a formerly federally recognized Indian Tribe, JAVIER MARTINEZ; SARAH GOODWIN; LENETTE LAIWABROWN; GERAD SANTANA and JOHN TRIPPO, in their official capacities as members of the Cloverdale Rancheria of Pomo Indians of California Tribal Council; and COMMITTEE TO ORGANIZE THE CLOVERDALE RANCHERIA GOVERNMENT, and unincorporated association, Plaintiffs, v. KENNETH L. SALAZAR, et al., Defendants. ORDER1 STAYING DETERMINATION OF PENDING MOTIONS

Defendant federal officers and agencies move pursuant to Fed. R. Civ. P. 12(b)(1) to dismiss the complaint of Plaintiff Cloverdale Rancheria of Pomo Indians for failure to comply with the exhaustion requirements of the Administrative Procedure Act. Proposed IntervenorDefendants, also in the name of the Cloverdale Rancheria, move to intervene, to dismiss for lack of jurisdiction, to strike named plaintiff, and for sanctions. The Court has considered the moving

This disposition is not designated for publication in the official reports.

Case No. 5:10-cv-1605 JF/PVT
ORDER STAYING DETERMINATION OF PENDING MOTIONS (JFLC3)

Dockets.Justia.com

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and responding papers and the oral arguments of counsel presented at the hearing on October 8, 2010. For the reasons stated at the hearing, the Court will stay determination of all motions for ninety days. If agency action has not rendered moot Plaintiffs' claims in this action, the Court will take up the question of its jurisdiction to hear the case at that time. IT IS SO ORDERED. DATED: October 8, 2010 __________________________________ JEREMY FOGEL United States District Judge

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Case No. 5:10-cv-1605 JF/PVT
ORDER STAYING DETERMINATION OF PENDING MOTIONS

(JFLC3)