IN EQUITY C-125-B: UNITED STATES OF AMERICA V. WALKER RIVER IRRIGATION, ET AL.

Filing 2432

AMENDED ORDER CONCERNING ECF NOS. 2408 , 2409 , 2410 , AND 2411 . See Order for specifics. (Order served via the Court's CM/ECF system only). Signed by Magistrate Judge William G. Cobb on 3/4/2019. (Copies have been distributed pursuant to the NEF - KW) (Walker River Water Case Display Page)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
Plaintiff,
WALKER RIVER PAIUTE TRIBE,
Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Defendants.

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3:73-cv-00127-MMD-WGC
AMENDED ORDER
CONCERNING ECF NOS. 2408,
2409, 2410, AND 2411

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This Court has reviewed the actions and orders taken on November 28, 2018, concerning

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Orders ECF Nos. 2408, 2409, 2410, and 2411. Based on further review of Order ECF No. 1711

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and Amended Order ECF No. 1650 and the recommendations made by the United States and the

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Principal Parties, the Court amends Orders ECF Nos. 2408, 2409, 2410, and 2411 as stated in

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the paragraphs below.

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1. In ECF No. 2342, Ms. White on behalf of the Kirk White Family Trust appears to

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request that the Trust be removed from this case and that the current owner of property

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in the Walker River Basin be substituted in the Trust’s stead. In ECF No. 2411, the

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Court ordered that the Trust be removed from the docket and requested that the Trust

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provide the address of the current owner of the subject property.

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2. In ECF No. 2344, Jesse Nish appears to request that he be removed from this case and

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that the current owner of property in the Walker River Basin be substituted in his

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stead. In ECF No. 2409, the Court ordered that Mr. Nish be removed from the
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docket and requested that Mr. Nish provide the address of the current owner of the

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subject property.

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3. In ECF No. 2376, Larry and Richelene Simmons appear on behalf of the Simmons

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Family 2007 Trust to request that the Trust be removed from this case and that the

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current owner of property in the Walker River Basin be substituted in the Trust’s

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stead. In ECF No. 2410, the Court ordered that the Trust be removed from the docket

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and requested that the Trust provide the current address of owner of the subject

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property.

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4. In ECF No. 2381, Marsha Ann Thieme requested that her deceased husband (Mr.

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Thieme) be removed from correspondence. In ECF No. 2408, the Court ordered that

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Ms. Thieme’s husband (deceased) be removed from the docket.

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5. Based on review of Order ECF No 1711, the Court must modify Orders ECF Nos.

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2409, 2410, and 2411 as follows. No party will be removed from this case and no

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party will be substituted for another unless and until the requesting party has complied

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with Rule 25 of the Federal Rules of Civil Procedure. Namely for the individuals and

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trusts identified in paragraphs 1 – 3 above, each party must 1) inform the Court that

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they no longer own property that is the subject of this action; 2) inform the Court of

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the name / mailing address of the current property owner; and 3) inform the Court that

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notice has been properly served on the current property owner, by namely at

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minimum, that such the current property owner has been mailed a copy of the request

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that they be substituted. See Fed. R. Civ. P. 5(b)(2)(C). The Court has previously

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prepared a draft motion that parties may utilize for this purpose. See Amended Order

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(ECF No. 1650) Attachment A.

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6. With respect to Order ECF No. 2408, that order is modified to reflect that Mr. Thieme

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is not removed from this case unless either Mrs. Thieme informs the Court that she is

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the successor to Mr. Thieme or a motion is submitted pursuant to Fed. R. Civ. P. 25(a)

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requesting his removal and the substitution of his successor/representative. The Court,

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however, will remove Mr. Thieme from the email list as requested by Mrs. Thieme.
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7. Further, the Court informs all unrepresented parties that persons not licensed /

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permitted to appear before this court as lawyers are not permitted to appear on behalf

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of artificial entities such as trusts, corporations, partnerships, or associations. See

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Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194,

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202, 113 S. Ct. 716, 121 L. Ed. 2d 656 (1993).
8. Finally, a party’s request to be removed from the Court’s mailing or email list does

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not equate to a request to be dismissed from this case. Upon any request to be

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removed from the Court’s mailing or email list, the Court will administratively take

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such action without further docket entry.

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IT IS SO ORDERED.

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Dated:

March 4, 2019.

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United States Magistrate Judge

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