Walker River Paiute Tribe et al v. United States Departmet of Housing and Urban Development et al

Filing 4

ORDER APPROVING 3 parties' Stipulation to stay case pending appeal and resolution of appeal in Fort Peck Housing Authority v United States Department of Housing and Urban Development filed in the Tenth Circuit Court of Appeals, Cause Nos. 06-1425 and 06-1147. See order re specifics. Case stayed. Signed by Judge Larry R. Hicks on 3/10/09. (Copies have been distributed pursuant to the NEF - SL)

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GREGORY A. BROWER United States Attorney HOLLY A. VANCE Assistant United States Attorney Colorado Bar No. 22895 100 West Liberty Street, Suite 600 Reno, Nevada 89501 Tel: [phone] Fax: [phone]

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***
WALKER RIVER PAIUTE TRIBE, AND ) THE FALLON PAIUTE-SHOSHONE ) TRIBE, FEDERALLY RECOGNIZED INDIAN ) TRIBES, ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF ) HOUSING AND URBAN DEVELOPMENT ) ("HUD"); et al., ) ) Defendants. ) Case No. 3:08-CV-00627-LRH-VPC

STIPULATION TO STAY PROCEEDINGS ; AND ORDER

COMES NOW Plaintiffs WALKER RIVER PAIUTE TRIBE, and THE FALLON PAIUTE-SHOSHONE TRIBE, and Defendants UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"); ET AL., by and through their respective counsel, and stipulate to stay proceedings. The parties request that this case be stayed pending the appeal and resolution of the appeal in the case Fort Peck Housing Authority v. United States Department of Housing and Urban Development, filed in the Tenth Circuit Court of Appeals, Cause Nos. 06-1425 and 061147. That appeal raises the same controlling legal issue that is raised in this action, and will

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therefore likely be dispositive of much, if not all, of this case. The parties agree that the time for Plaintiffs to serve their complaint and the time for Defendants to file their answer is tolled during the period of the stay. HUD agrees that, during the pendency of this litigation, it will not seek repayment or collection of the Indian Housing Block Grant funds allegedly overpaid to Plaintiffs as a result of Formula Current Assisted Stock counts which Plaintiffs contend in this litigation violate, among other things, the Administrative Procedures Act and the Native American Housing and SelfDetermination Act, unless HUD is expressly compelled to do so by Congress or by force of law external to HUD and not under HUD's control. If HUD is required for any reason to seek repayment or collection of the subject funds, it shall immediately notify Plaintiffs so that they can take any necessary actions in this litigation, or otherwise. DATED: March 9 , 2009. GREGORY A. BROWER United States Attorney

/s/ West Williams, Jr. WES WILLIAMS JR., ESQ. Attorney for Plaintiff

/s/ Holly A. Vance HOLLY A. VANCE Assistant United States Attorney

/s/ Mitchell C. Wright MITCHELL C. WRIGHT, ESQ. Attorney for Plaintiff

IT IS SO ORDERED:

DATED: ____________________ DATED: March 10, 2009.

United States District Judge ____________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2