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

Filing 68

ORDER DENYING ECF No. 63 Motion to Stay Pending Appeal. Signed by Judge Larry R. Hicks on 6/7/2016. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BATTLE MOUNTAIN BAND of the TEMOAK TRIBE of WESTERN SHOSHONE
INDIANS,
Plaintiff,
v.
UNITED STATES BUREAU OF LAND
MANAGEMENT, and JILL C. SILVEY,
Defendants.

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3:16-CV-00268-LRH-WGC

MINUTE ORDER

June 7, 2016

PRESENT: THE HONORABLE LARRY R. HICKS, UNITED STATES DISTRICT JUDGE
DEPUTY CLERK:

NONE APPEARING

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S):

NONE APPEARING

COUNSEL FOR DEFENDANT(S):

NONE APPEARING

MINUTE ORDER IN CHAMBERS:
Before the court is plaintiff the Battle Mountain Band’s (“the Band”) motion for stay pending
appeal. ECF No. 63. The court has reviewed the Band’s motion and finds that stay pending appeal
of the court’s order (ECF No. 60) denying the Band’s motion for a temporary restraining order
(ECF No. 12) is not warranted in this action. Contrary to the Band’s assertions in its motion, the
court has carefully considered all of the parties’ arguments and found that the Band was not entitled
to preliminary injunctive relief. Although the Band takes issue with the court’s short order, which
the court issued for the benefit of the parties due to the time sensitive nature of this action, the court
considered all of the Band’s arguments including its arguments concerning the Programmatic
Agreement and disagreed with the Band’s interpretation of that agreement. The court noted in its
order that an order addressing all of the parties’ arguments would be forthcoming, and thus, the court
finds that a stay pending appeal is not warranted because the court considered all of the issues before
it prior to issuing the short order on June 3, 2016. Nothing raised in the present motion changes the
court’s finding that preliminary injunctive relief is not warranted in this action. Accordingly, the
court shall deny the Band’s motion.
IT IS HEREBY ORDERED that plaintiff’s motion to stay pending appeal (ECF No. 63) is
DENIED.
IT IS SO ORDERED.

LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk