Holley et al v. The United States Department of the Interior, Bureau of Indian Affairs et al

Filing 53

ORDER granting #50 Motion to Extend Time for the Filing of Joint Status Reports. Joint Status Report due by 12/6/2024 and every 28 days thereafter, apprising the Court of whether the stay should remain or be lifted. Signed by Judge Gloria M. Navarro on 11/26/2024. (Copies have been distributed pursuant to the NEF - MAM)

1
2
3
4
5
6
7
8
9
10
11
12

TODD KIM
Assistant Attorney General
Amber Dutton-Bynum
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 200044-7611
Tel: [phone]
[e-mail]
Michelle Ramus
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 200044-7611
Tel: [phone]
[e-mail]
Attorneys for Federal Defendants

13

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

14
15

18

JOSEPH HOLLEY INDIVIDUALLY AND ON
BEHALF OF THE TE-MOAK TRIBE OF
Case No. 2:24-cv-01629
WESTERN SHOSHONE INDIANS OF
NEVADA as Tribal Council Chairman,
Joint Motion to Modify Schedule for the
Plaintiff,
Filing of Joint Status Reports

19

vs.

20

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS;
and Bryan Mercier, as Acting Director of the
Bureau of Indian Affairs,

16
17

21
22
23
24

Defendants.
On October 7, 2024, this Court ordered the parties—Plaintiff Joseph Holley

25

(“Plaintiff”); Federal Defendants, U.S. Department of the Interior, Bureau of Indian Affairs, and

26

Bryan Mercier, in his official capacity as Acting Director of the BIA (collectively, “Federal

27

Defendants”); Intervenor Plaintiff Housing Authority of the Te-Moak Tribe of Western

28

Shoshone Indians of Nevada (“Housing Authority”); and Intervenor Plaintiff Steven McDade
1

1

(“Mr. McDade”)—to file a Joint Status Report on November 1, 2024, and every 28 days

2

thereafter. ECF No. 34. The Parties filed their first Joint Status Report on November 1, 2024.

3

ECF Nos. 38–39. Their next Joint Status Report is due November 29, 2024. Federal Rule of

4

Civil Procedure 6(b)(1) permits an enlargement of time for good cause, such as that requested

5

herein, “if a request is made, before the original time or its extension expires.” Good cause

6

exists for a brief seven-day extension of the next joint status report deadline, with the future

7

deadlines resuming every 28 days thereafter. This is the first request to modify the schedule.

8

The day before the current deadline is November 28, 2024, which is a federal holiday.

9

The next deadline is currently December 27, 2024, which falls between two additional federal

10

holidays, December 25, 2024, and January 1, 2025. Undersigned counsel for Federal

11

Defendants has long-planned leave for the holidays scheduled for November 27 through 29,

12

2024, and December 27, 2024, through January 2, 2025. By extending the deadline for the next

13

joint status report by seven days to December 6, 2024, with the future deadlines resuming every

14

28 days thereafter, the following joint status report would be due January 3, 2025.

15

On November 21, 2024, undersigned counsel for Federal Defendants discussed the

16

instant motion with Plaintiff’s counsel, the Housing Authority’s counsel, and Mr. McDade via

17

email. Plaintiff’s counsel, the Housing Authority’s counsel, and Mr. McDade indicated they

18

would join the motion. For the foregoing reasons, the parties respectfully request that this joint

19

motion to modify the schedule for the filing of Joint Status Reports be granted. A proposed order

20

is attached.

21

* * *

22
23
24
25
26
27
28
2

1

DATED this 22nd day of November, 2024. DATED this 22nd day of November, 2024.

2

SEMENZA RICKARD LAW
/s/ Jarrod L. Rickard, Esq.
Jarrod L. Rickard, Esq., Bar No. 10203
10161 Park Run Drive, Ste. 150
Las Vegas, Nevada 89145
&
JOHN W. MUIJE & ASSOCIATES
John W. Muije, Esq., Bar No. 2419
3216 Lone Canyon Court
N. Las Vegas, NV 89031
Attorneys for Plaintiff

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

THE LAW OFFICES OF CHARLES R. ZEH, ESQ.
_/s/ Charles R. Zeh, Esq.__________________
Charles R. Zeh, Esq., Bar No. 1739
Pete Cladianos III, Esq., Bar No. 8406
50 West Liberty Street, Suite 950
Reno, NV 89501
Attorneys for the Housing Authority of the
Te-Moak Tribe of Western Shoshone Indians of
Nevada

DATED this 22nd day of November, 2024. DATED this 22nd day of November, 2024.
TODD KIM, Assistant Attorney General
/s/ Michelle Ramus________________
/s/ Steven Joseph McDade
Michelle Ramus
Steven Joseph McDade
&
TeMoak Prosecutor
Amber Dutton-Bynum
PO Box 2568
United States Department of Justice
Elko, NV 89801
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 200044-7611
JASON M. FRIERSON, Nevada Bar No. 7709
United States Attorney, District of Nevada
KARISSA D. NEFF, Nevada Bar No. 9133
Assistant United States Attorney
501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
Counsel for Defendants

22
23
24
25
26
27
28
3