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

Filing 318

MEMORANDUM AND ORDER granting 316 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. The previously entered stay of these proceedin gs is extended to May 11, 2015. The parties shall submit status reports to the Court on February 11, 2015 and May 4, 2015. In-person Status Conferences will be held before Magistrate Judge Teresa J. James on February 18, 2015, at 1:30 PM and on May 11, 2015, at 10:00 AM in Room 208. See Memorandum and Order for further details. Signed by Magistrate Judge Teresa J. James on 11/12/2014. (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.,

)
)
)
)
)
)
)
)
)
)

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

Defendants.

ORDER CONTINUING STAY OF PROCEEDINGS
This matter is before the Court on 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. 316). In their joint motion, the parties request another 180day extension. Because the parties have established that an extension of the current stay is
appropriate, the Court concludes that the motion should be granted.
The Court has noted that the purpose of staying this case 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 again on November 10, 2014. 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. In the past 180 days, counsel for the parties have
1

See Order Staying Proceedings (ECF No. 312 at 1-2) (continuing stay entered and extended in
orders dated December 2, 2011 (ECF No. 153), June 15, 2012 (ECF No. 197), July 23, 2013
(ECF No. 288), and February 25, 2014 (ECF No. 305)). Plaintiffs’ Count One claim for water
rights is the only claim that remains pending.
1

communicated more than five dozen times by telephone and email, and technical representatives
of the parties spoke on three occasions. Plaintiff and the State of Kansas have circulated updated
drafts of settlement documents which address the reserved water right and its administration, and
the parties have exchanged a draft relating to the ultimate State administration of the federally
reserved water right. Moreover, the parties have committed to a regular schedule of conference
calls to continue negotiating specific terms and conditions of the settlement agreement, and they
expect to circulate a complete draft of the proposed settlement document within 90 days of
November 10, 2014 (the current expiration of the stay). These combined activities indicate that
the parties have made progress in the last 180 days.
The parties propose to submit status reports to the Court in 90 days and again in 180
days, should the Court grant their motion. Although they are committed to continued discussions
and negotiations, the parties candidly advise the Court that the technical nature of their
discussions prevents them from being able to commit to a definite or imminent final settlement
agreement. Recognizing that the case is aging as it is stayed without Court involvement, the
parties suggest that the Court schedule in-person status conferences to coincide with their status
reports. The Court concurs that status conferences would be appropriate.
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. 316) is hereby GRANTED. The previously entered stay of
these proceedings is extended to May 11, 2015, 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.

2

IT IS FURTHER ORDERED that the parties shall submit a status report to the Court
on February 11, 2015 and on May 4, 2015.
IT IS FURTHER ORDERED that Status Conferences will be held before Magistrate
Judge Teresa J. James on February 18, 2015, at 1:30 PM, and on May 11, 2015, at 10:00 AM.
These Status Conferences will be held in the chambers of Judge James, Room 208.
IT IS SO ORDERED.
Dated in Kansas City, Kansas on this 12th day of November, 2014.

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

3