KMI Zeolite, Inc. v. United States Department of the Interior, et al.

Filing 178

ORDER. IT IS ORDERED, ADJUDGED, and DECREED that this action shall remain administratively stayed until 5:00 p.m. on Friday, 8/28/20, pending the parties' performance of the settlement agreement. Motions due by 8/28/2020. Signed by Judge James C. Mahan on 2/27/2020. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KMI ZEOLITE, INC. et al.,

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Case No. 2:15-CV-2038 JCM (NJK)
Plaintiff(s),

ORDER

v.
UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is the matter of KMI Zeolite, Inc. v. United States Department of
the Interior, et al., case number 2:15-cv-02038-JCM-NJK.
The instant action was stayed on May 8, 2019, pending the performance of the settlement
agreement. (ECF No. 174). Then, on June 26, 2019, the court adopted Magistrate Judge Koppe’s
report and recommendation, granted Nye County’s motion to enforce settlement, and dismissed
defendant Nye County with prejudice. (ECF No. 175).
With no action in this case being taken for eight months, the court ordered the parties to
file a motion or status report. (ECF No. 176). The parties filed a joint status report, representing
that performance of their settlement agreement is ongoing. (ECF No. 177). In particular, the
parties indicate that “[t]he following provisions of the Settlement Agreement remain to be
performed:”
• The BLM is to appraise the parcels, determine a selling price, and
issue a decision advising whether it will enter into a sale of the
parcels at that price (Sec. 2.b.(i))
• RAMM shall transmit electronic payment of the price to the BLM
within 7 calendar days of the final BLM decision, or in the case of

an appeal within 7 calendar days of the BLM decision becoming
effective (Sec. 2.b.(ii))

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• The BLM is to issue a patent to RAMM for the parcels (Sec.
2.b.(iii))

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Id. at 5. Thus, “the [p]arties request that the [c]ourt continue to keep these consolidated cases
pending, as administratively stayed matters, to provide the time necessary for either the purchase
to close, or the [s]ettlement [a]greement to become null and void.”1 Id.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this action shall remain
administratively stayed until 5:00 p.m. on Friday, August 28, 2020, pending the parties’
performance of the settlement agreement.
IT IS FURTHER ORDERED that, if the settlement is not fully performed, the parties shall
file a motion requesting a continuance of the administrative stay and explaining the status of the
sale before 5:00 p.m. on Friday, August 28, 2020.
IT IS FURTHER ORDERED that the parties shall file a motion to lift the stay and a notice
of dismissal within 14 days of performance of the settlement agreement.
DATED February 27, 2020.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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The settlement agreement becomes null and void if the sale does not occur. (ECF No.

177 at 4).
James C. Mahan
U.S. District Judge

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