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

Filing 180

ORDER granting 179 Motion to Stay Case. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this action shall remain administratively stayed until 5:00 p.m. on Friday, January 8, 2021, pending the parties' performance of the settlement agreeme nt. 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, January 8, 2021. 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. Signed by Judge James C. Mahan on 9/10/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:15-cv-02038-JCM-NJK Document 180 Filed 09/10/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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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 parties’ joint motion to continue stay and a joint status
report. (ECF No. 179).
The instant action was first 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). In a February 26, 2020, joint status report, the
parties indicated that performance of their settlement agreement was ongoing and requested that
the court keep these consolidated cases pending as administratively stayed matters. (ECF No.
177). The court granted the request. (ECF No. 178).
The parties now ask the court to continue the administrative stay in order to consummate
the sale of the property involved or for the settlement agreement to become null and void. (ECF
No. 179 at 1–2). The parties have made considerable progress in performing the settlement

Case 2:15-cv-02038-JCM-NJK Document 180 Filed 09/10/20 Page 2 of 2

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agreement. (Id. at 2). The BLM has worked “to process the request for the sale of the parcels and

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has been conducting its due diligence” but has been impeded by the coronavirus shutdown. (Id.).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this action shall remain

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administratively stayed until 5:00 p.m. on Friday, January 8, 2021, pending the parties’

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performance of the settlement agreement.

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IT IS FURTHER ORDERED that, if the settlement is not fully performed, the parties shall

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file a motion requesting a continuance of the administrative stay and explaining the status of the

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sale before 5:00 p.m. on Friday, January 8, 2021.

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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 September 10, 2020.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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