Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. United States Bureau of Land Management et al

Filing 175

ORDER GRANTING ECF No. 174 Motion to Extend Time : LR 41-1 dismissal deadline set for 6/2/2023. Signed by Judge Larry R. Hicks on 5/8/2023. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

9 BATTLE MOUNTAIN BAND of the TEMOAK TRIBE OF WESTERN
10 SHOSHONE INDIANS,
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Plaintiff,

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Case No.: 3:16-cv-0268 LRH-WGC

13 U.S. BUREAU OF LAND MANAGEMENT,
and JILL SILVEY, in her official capacity as
14 Bureau of Land Management Elko District
Manager,
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Defendant.
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and
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CARLIN RESOURCES, LLC,
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Defendant-Intervenor
and Crossclaimant.
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ORDER GRANTING MOTION
FOR THIRTY (30) DAY
EXTENSION [SECOND
REQUEST]

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Plaintiffs, the Battle Mountain Band of Te-Moak Tribe of Western Shoshone Indians (“the

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Band”), Federal Defendants, U.S. Bureau of Land Management, et.al., and Defendant-

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Intervenor/Cross Claimant Carlin/Hecla file this joint status report on settlement and motion for

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one final extension by 30 days of the deadlines set by this Court on March 31, 3023.

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On March 3, 2023 the Court issued a notice that if no action was taken by the Plaintiff

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within 30 days, the Court would dismiss this matter for want of prosecution. On that same date,

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the Court issued an order denying the Federal Defendant and Carlin/Hecla’s motions for summary

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judgment, subject to reinstatement upon submission of good cause.

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On March 30, 2023 the parties jointly moved to extend both deadlines for an additional 30

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days, until May 3, 2023. On March 31, 2023, an Order was entered, granting the additional 30-day

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extension to May 3, 2023.

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Carlin Resources has reached agreement with BLM that it is willing to dismiss its claims

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if the Band is willing to dismiss its claims. However, the Band requires an additional thirty (30)

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days to June 2, 2023, time for the Band’s governing body to consider the proposal.

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Dated this 3 May 2023.
By: /s/ Laura K. Granier
Laura K. Granier (Nevada Bar No. 7357)
Erica K. Nannini (Nevada Bar No. 13922)
Holland & Hart LLP
5441 Kietzke Lane, Suite 200
Reno, NV 89511-2094
Tel: [phone]
[e-mail]
[e-mail]
Attorneys for Carlin Resources, LLC
TODD KIM
Assistant Attorney General
/s/ Peter K. Dykema
Peter Kryn Dykema (DC Bar 419349)
Senior Trial Attorney
U.S. Department of Justice
Environmental and Natural Resources Division
Natural Resources Section
Telephone: [phone]
Facsimile: [phone]
Standard Mail and Express Mail:
4 Constitution Square
150 M Street, N.E.
Washington, D.C. 20002
[e-mail]
Attorney for Federal Defendants

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PATTERSON EARNHART REAL BIRD &
WILSON LLP

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/s/ Jeffrey S. Rasmussen
Jeffrey S. Rasmussen
1900 Plaza Drive
Louisville, Colorado 80027
Telephone: [phone]
Facsimile: 303-926-5293
Email Address:
[e-mail]
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.

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DATED this 8th day of May, 2023.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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