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

Filing 80

ORDER granting ECF No. 79 Unopposed Motion for Extension of Time to Respond to Defendant/Counter-Claimant Carlin Resources, LLC's Counterclaims. (response/ answer due 9/15/2016). Signed by Magistrate Judge William G. Cobb on 09/06/2016. (Copies have been distributed pursuant to the NEF - KW)

Rollie Wilson (Pro Hac Vice)

1 Jeffrey S. Rasmussen (Pro Hac Vice)
2 1900 Plaza Drive
Louisville, CO 80027

3 Phone: [phone]
Facsimile: [phone]

4 Email: [e-mail]
5 Email: [e-mail]
6 Scott R. Daniel, Esq.
Nevada Bar No. 12356

7 THE DANIEL FIRM
th
8 200 S. Virginia St., 8 Floor

Reno, Nevada 89501
9 Telephone: [phone]
Facsimile: 775.201.0653
10 [e-mail]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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Case No. 3:16-cv-0268-LRH-WGC
BATTLE MOUNTAIN BAND OF THE TE-MOAK
TRIBE OF WESTERN SHOSHONE INDIANS,
Plaintiff,

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v.
UNITED STATES BUREAU OF LAND
MANAGEMENT and JILL C. SILVEY, in official
capacity as Bureau of Land Management Elko District
Manager,

ORDER ON
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO
RESPOND TO
DEFENDANT/COUNTERCLAIMANT CARLIN
RESOURCES, LLC’S
COUNTERLCAIMS

Defendant.
__________________________________________/
COMES NOW, Plaintiff, the Battle Mountain Band of the Te-Moak Tribe of Western

25 Shoshone Indians, (hereinafter the “Band”), and hereby requests the Court enter an order for extension
26 of time of 14 days from September 1, 2016, to and including September 15, 2016, in which to file its
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response to Defendant/Counter-Claimant Carlin Resources, LLC’s (“Carlin”) Counterclaims. In

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THE DANIEL FIRM
200 S. Virginia Street, 8th Floor
Reno, Nevada 89501
775.686.2418

support of this motion the Band states as follows:

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1.

Carlin filed their Answer and Counterclaim for Declaratory Judgment on August 11,

2 2016. Pursuant to Fed. R. Civ. P. Rule 12(a)(1)(B), a party must serve an answer to a counterclaim or
3 crossclaim within 21 days after being served with the pleading that states the counterclaim or
4 crossclaim. Therefore, the Band’s responsive pleading is due on September 1, 2016.
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2.

The Band has two partners assigned to this responsive pleading, Mr. Wilson and Mr.

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Rasmussen.

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3.

The Band anticipates filing a Rule 12(b) motion to dismiss and brief in support.

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4.

Mr. Rasmussen is scheduled to attend a preliminary injunction hearing in another

10 matter on September 1, 2016, that is being held in the Western District of North Dakota. In that matter,
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he is representing the defendant, and so did not have substantial control over the scheduling of the

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matter, and has spent most of the past week on the motion for TRO and then the preliminary injunction

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5.

Mr. Wilson has two filing deadlines scheduled today, August 31, 2016, in tribal courts.

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6.

In light of the foregoing, the Band respectfully submits that an enlargement of time, to

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and including September 15, 2016, is warranted under Fed. R. Civ. P. Rule 6(b)(1)(A).

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7.

This is the first extension that the Band has requested for this deadline.

8.

Counsel for the Band has conferred with counsel for Carlin, as well as counsel for the

21 Bureau of Land Management and Jill Silvey (together “BLM”) regarding the relief requested in this
22 motion. Carlin does not oppose this motion. BLM does not oppose this motion.
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WHEREFORE, Plaintiff, the Battle Mountain Band of the Te-Moak Tribe of Western
Shoshone Indians, requests the Court grant the extension of time of 14 days, to and including

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September 15, 2016, in which to file their responsive pleading to Defendant/Counter-Claimant Carlin

27 Resources, LLC’s Counterclaims.
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Respectfully submitted this 31th day of August, 2016.

THE DANIEL FIRM
200 S. Virginia Street, 8th Floor
Reno, Nevada 89501
775.686.2418

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FREDERICKS PEEBLES & MORGAN, LLP

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/s/ Jeffrey S. Rasmussen__________________
Rollie Wilson (Pro Hac Vice)
Jeffrey S. Rasmussen (Pro Hac Vice)
1900 Plaza Drive
Louisville, CO 80027
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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THE DANIEL FIRM

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/s/ Scott R. Daniel_______________________
Scott R. Daniel, NV Bar 12356
200 South Virginia Street, 8th Floor
Reno, NV 89501
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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ORDER

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IT IS SO ORDERED.

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED: September 6, 2016.

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THE DANIEL FIRM
200 S. Virginia Street, 8th Floor
Reno, Nevada 89501
775.686.2418

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