Adams, et al v. USA

Filing 2072

ORDER RE BLM'S MOTION TO STAY denying 1916 Motion to Stay. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

TIMM ADAMS, et al.,
Case No. 4:CV 03-49-BLW
Plaintiffs,
v.

ORDER RE BLM’S MOTION TO
STAY

UNITED STATES OF AMERICA, et al.,
Defendants.

The Court has before it the BLM’s motion to stay these proceedings pending the Ninth
Circuit’s ruling. The Ninth Circuit has now ruled in the BLM’s favor. If the mandate issues,
and the BLM is dismissed, the case will nevertheless continue against DuPont. Hence, even if
the BLM is dismissed, this matter should not be stayed. On the other hand, if any claims remain
against the BLM – a point the Court expresses no opinion upon – there are even stronger reasons
for denying the motion to stay. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion to stay (docket no.
1916) is DENIED.

DATED: September 15, 2011

Honorable B. Lynn Winmill
Chief U. S. District Judge

Memorandum Decision & Order - 1