Cain et al v. Salish Kootenai College et al

Filing 84

ORDER lifting stay for the purpose of conducting discovery and submitting briefs. (See Order for motion to dismiss and briefing deadlines.) Motion Hearing set for February 15, 2018, at the Missouri River Courthouse, Great Falls, MT, at 1:30 pm before Judge Brian Morris. Signed by Judge Brian Morris on 8/31/2017. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
FAWN CAIN, TANYA ARCHER, and
SANDI OVITT,
CV-12-181-M-BMM
Plaintiff,
vs.
SALISH KOOTENAI COLLEGE,
INC., et al.

ORDER

Defendants.

The Court conducted a telephonic scheduling conference in the matter on
August 31, 2017. Plaintiffs were represented by Jason A. Williams, Esq. and Trent
N. Baker, Esq. Defendants were represented by Martin S. King, Esq. and Jori L.
Quinlan, Esq. Amicus curiae Confederated Salish and Kootenai Tribes of the
Flathead Reservation (the Tribe) was represented by John T. Harrison, Esq. and
Rhonda Swaney, Esq.
IT IS ORDERED:
1.

The stay entered in this case on January 8, 2015 (Doc. 44) is LIFTED

for the purpose of conducting discovery and for the purpose of submitting briefs on
the issue of whether Defendant Salish Kootenai College, Inc. functions as an arm of
the Tribe and therefore shares the Tribe’s sovereign status.

2.

Defendant Salish Kootenai College, Inc. shall file a motion to

dismiss on or before January 5, 2018.
3.

The Tribe shall file an amicus brief on or before January 5, 2018.

4.

Plaintiffs shall file their response brief on or before January 26, 2018.

5.

Defendant Salish Kootenai College, Inc. shall file its reply brief on or

before February 9, 2018.
6.

The Court will conduct a hearing on the motion to dismiss at 1:30 p.m.

on February 15, 2018, at the Missouri River Courthouse in Great Falls, Montana.
7.

The individual defendants are not required to file an answer to the First

Amended Complaint or file an appearance in this case until the Court issues its
ruling on the motion to dismiss.
DATED this 31th day of August, 2017.

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