Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Knight et al

Filing 312

MEMORANDUM AND ORDER granting 306 Motion of the Kickapoo Tribe in Kansas, the United States Department of the Interior, and the State of Kansas Department of Agriculture to Extend Stay of Litigation; granting 308 Kickapoo Tribe in Kansas' Mo tion for Leave to File Third Amended Complaint. The previously entered stay of these proceedings is extended to November 10, 2014. The parties shall submit status reports to the Court on August 12, 2014 and on November 10, 2014. Plaintiff shall electronically file and serve its Third Amended Complaint within fourteen (14) days of the date of this Order. See document for further details. Signed by Magistrate Judge Teresa J. James on 07/22/2014. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
KICKAPOO TRIBE OF INDIANS OF THE
KICKAPOO RESERVATION IN KANSAS,
Plaintiff,
vs.

NEMAHA BROWN WATERSHED JOINT
DISTRICT NO. 7, et al.,
Defendants.

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Case No. 06-CV-2248-CM-TJJ

ORDER CONTINUING STAY OF PROCEEDINGS
This matter is before the Court on two contemporaneously filed motions. The first is the
Motion of the Kickapoo Tribe in Kansas, the United States Department of the Interior, and the
State of Kansas Department of Agriculture to Extend Stay of Litigation (ECF No. 306). The
second is Kickapoo Tribe in Kansas’ Motion for Leave to File Third Amended Complaint (ECF
No. 308). Both motions are unopposed. Because the parties have established that an extension
of the current stay is appropriate and the Court has determined that Plaintiff Kickapoo Tribe in
Kansas should be granted leave to file its Third Amended Complaint, the Court concludes that
both motions should be granted.
Motion to Continue Stay
The Court stated in its last Order Staying Proceedings (ECF No. 305) that the purpose of
continuing the stay was to allow the parties to prepare to negotiate and to negotiate a resolution
of Plaintiff’s remaining claims.1 To that end, the Court encouraged the parties to begin and
attempt to conclude a negotiated settlement before the stay was set to expire on May 14, 2014,
and directed Plaintiff to act by that same date if it determined a need to seek to amend its
1

ECF No. 305 at 1.
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pleadings.2 The Court also advised the parties how they should be prepared to support a further
request for stay if they were to seek one. The instant motion constitutes just such a request, and
the parties have shown good cause for an extension of the stay. The parties have communicated
more than two dozen times by telephone and email and are circulating and updating drafts of
settlement documents which address the reserved water right and its administration. Moreover,
the parties have committed to a regular schedule of continuing discussions and negotiations.
Motion to Amend
Plaintiff seeks leave to amend its complaint for the purpose of (1) conforming the factual
allegations to the claims remaining after the Court granted Nemaha Brown Watershed Joint
District No.7’s motion for summary judgment;3 and (2) dropping Nemaha Brown as a defendant
in this lawsuit. Since the time of filing, the presiding District Judge has entered an order of
dismissal and Nemaha Brown is no longer a party to the case.4 Defendant David Barfield (in his
official capacity as Chief Engineer for the Kansas Division of Water Resources) (“State
Defendant”) does not oppose the motion. Defendant Michael Black (in his official capacity as
Associate Deputy Secretary, Bureau of Indian Affairs, United States Department of the Interior)
(“Federal Defendant”) consents to the motion but asks the Court to stay his deadline to answer or
otherwise respond to the Third Amended Complaint without waiving any affirmative defenses he
may assert.5

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Id. at 1-2.

3

ECF No. 301.

4

ECF No. 310.

5

ECF No. 311.
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In ruling on a motion for leave to amend, the court “should freely give leave when justice
so requires.”6 The Court finds that leave to amend should be granted, and that the deadline for
Federal Defendant to answer or otherwise respond to the Third Amended Complaint should be
stayed.
IT IS THEREFORE ORDERED that the Motion of the Kickapoo Tribe in Kansas, the
United States Department of the Interior, and the State of Kansas Department of Agriculture to
Extend Stay of Litigation (ECF No. 306) is hereby granted. The previously entered stay of these
proceedings is extended to November 10, 2014, at which time the stay shall automatically be
lifted and the Court will proceed with setting a pretrial scheduling conference to determine future
deadlines and dates in the action pursuant to Fed. R. Civ. P. 16.
IT IS FURTHER ORDERED that the parties shall submit a status report to the Court
on August 12, 2014 and on November 10, 2014.
IT IS FURTHER ORDERED that any motion for an additional extension of the stay
beyond November 10, 2014 shall be supported by the filing of a memorandum in support as
directed by the Court in its Order Staying Proceedings dated February 25, 2014 (ECF No. 305).
IT IS FURTHER ORDERED that the Kickapoo Tribe in Kansas’ Motion for Leave to
File Third Amended Complaint (ECF No. 308) is granted. In accordance with D. Kan. Rule
15.1(b), Plaintiff shall electronically file and serve its Third Amended Complaint within fourteen
(14) days of the date of this Order.
IT IS FURTHER ORDERED that the deadline for Defendant Michael Black, in his
official capacity as Associate Deputy Secretary, Bureau of Indian Affairs, United States
Department of the Interior, to answer or otherwise respond to the Third Amended Complaint is
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Fed. R. Civ. P. 15(a)(2).
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stayed until 60 days after November 10, 2014, and that any jurisdictional or other applicable
affirmative defenses he may assert are not waived in the interim.
IT IS SO ORDERED.
Dated in Kansas City, Kansas on this 22nd day of July, 2014.

s/ Teresa J. James
Teresa J. James
United States Magistrate Judge

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