BP America Inc. et al v. Yerington Paiute Tribe et al

Filing 25

ORDER granting ECF No. 23 Unopposed Motion for extension of time : Answer/response to ECF No. 1 Complaint due by 10/26/2017. Response to ECF No. 2 Motion for Preliminary injunction due by 10/27/2017; Reply due by 11/16/2017. Response to Motion to dismiss (filed in tribal court) due by 11/16/2017; Reply due by 11/30/2017. Signed by Judge Larry R. Hicks on 10/16/2017. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 1 of 5

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ROBERT A. DOTSON
Nevada Bar No. 5285
JILL I. GREINER
Nevada Bar No. 4276
Dotson Law
One East First Street, 16th Floor
Reno, NV 89501
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Kenzo Kawanabe – Pro Hac Vice
Adam Cohen – Pro Hac Vice
Constance L. Rogers – Pro Hac Vice
Kyle W. Brenton – Pro Hac Vice
Davis Graham & Stubbs LLP
1550 17th Street, Suite 500
Denver, CO 80202
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
BP America Inc., and Atlantic Richfield Company
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
)
)
BP AMERICA INC., and ATLANTIC
)
RICHFIELD COMPANY,
)
)
Plaintiffs,
)
)
v.
)
)
YERINGTON PAIUTE TRIBE; LAURIE )
A. THOM, in her official capacity as
)
Chairman of the Yerington Paiute Tribe;
)
YERINGTON PAIUTE TRIBAL COURT; )
and SANDRA-MAE PICKENS in her
)
official capacity as Judge of the Yerington )
Paiute Tribal Court,
)
)
Defendants.
)

Case No. 3:17-cv-00588-LRH-WGC

UNOPPOSED MOTION AND ORDER FOR
EXTENSION OF TIME TO RESPOND TO
THE COMPLAINT AND TO RESPOND
AND REPLY TO INITIAL MOTIONS
(First Request)

Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 2 of 5

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Pursuant to Federal Rule of Civil Procedure 6 and Local Rule IA 6-1, Plaintiffs BP

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America Inc. (“BPA”) and Atlantic Richfield Company (“ARC”) move to extend the time

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allowed under Fed. R. Civ. P. 12(b) and Local Rule 7-2 for the parties to respond to the

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Complaint and to file, respond to, and reply in support of certain initial motions, as set forth

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below.

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Prior to filing this Motion, undersigned counsel conferred with counsel for the

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Defendants Yerington Paiute Tribe (“Tribe”), Laurie A. Thom in her official capacity as

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Chairman of the Yerington Paiute Tribe (“Chairman Thom”), Yerington Paiute Tribal Court

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(“Tribal Court”), and Sandra-Mae Pickens in her official capacity as Judge of the Yerington

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Paiute Tribal Court (“Judge Pickens”). Defendants do not oppose this Motion, but they

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expressly reserve and do not waive all arguments, including those relating to jurisdiction and

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sovereign immunity.

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This is the first request to extend the filing deadlines for the submissions addressed
herein. In support of this Motion, BPA and ARC state as follows:

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Tribal Court Action
1.

On August 18, 2017, the Tribe filed a related action in the Yerington Paiute Tribal

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Court, captioned Yerington Paiute Tribe v. BP America Inc. & Atlantic Richfield Co., Case

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No. CV1017, against BPA and ARC (the “Tribal Court Action”).

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2.

On September 22, 2017, BPA and ARC filed a Motion to Dismiss for Lack of

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Jurisdiction or, in the alternative, a Motion to Stay Pending Resolution of the Federal Court

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Action (“Motion to Dismiss”) in the Tribal Court Action.

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3.

To allow for briefing and determination of the relevant and related jurisdictional

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and other issues by this court, the Tribe filed an unopposed motion in the Tribal Court action

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extending the time allowed (i) for the Tribe to file a response to the Motion to Dismiss until

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December 1, 2017, (ii) for BPA and ARC to file a reply until January 15, 2018; and (iii) for a

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hearing to be held by the Tribal Court on January 30, 2018.

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Federal Court Action

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4.

On September 22, 2017, BPA and ARC filed their Complaint for Declaratory and
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Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 3 of 5

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Injunctive Relief in this court, naming the Tribe, Chairman Thom, the Tribal Court, and

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Judge Pickens as defendants. BPA and ARC simultaneously filed a Motion for Preliminary

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Injunction and a Request for Expedited Consideration (“Preliminary Injunction Motion”).

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5.

BPA and ARC effected service of the Summons, Complaint, and Preliminary

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Injunction Motion on all four defendants on October 5, 2017. See Proofs of Service (Dkt. 18-

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21).

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6.

Under Fed. R. Civ. P. 12(a)(1)(A)(i), Defendants have until October 26, 2017, to

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respond to the Complaint. Counsel for the Tribe and Chairman Thom have indicated that they

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will file a motion to dismiss.

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7.

BPA and ARC reasonably assume that some or all of the Defendants will raise

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related arguments in both their motion(s) to dismiss and their response(s) to the Preliminary

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Injunction Motion. Similarly, BPA and ARC will present related counter-arguments in their

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response and reply briefs. As a result, counsel for the parties have agreed to coordinate the

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briefing schedule to align the responses and replies as follows.

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8.

Under Local Rule 7-2, Defendants would have until October 19, 2017, to respond

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to the Preliminary Injunction Motion. The parties agree to extend the deadline for Defendants’

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response(s) by eight days to October 27, 2017, one day after Defendants’ answer(s) or motion(s)

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to dismiss is/are due under Rule 12.

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9.

The parties further agree to extend the deadlines for BPA’s and ARC’s reply in

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support of the Preliminary Injunction Motion and response to Defendants’ motion(s) to dismiss

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to November 16, 2017.

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10.

The parties agree to extend the deadline for Defendants to reply in support of the

motion(s) to dismiss to November 30, 2017.
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BPA and ARC believe these extended and coordinated deadlines will improve

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efficiency and convenience for the court, without significantly affecting the need for expedited

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consideration of the substantive issues before the court.

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WHEREFORE, BPA and ARC respectfully request that deadlines under Fed. R. Civ.
P. 12 and Local Rule 7-2 be extended and aligned as set forth above.
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Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 4 of 5

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Respectfully submitted,

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DATED: October 13, 2017

DOTSON LAW

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By: s/ Robert A. Dotson __________________
Robert A. Dotson (SBN 5285)
Jill I. Greiner (SBN 4276)
One East First Street
City Hall Tower, Suite 1600
Reno, NV 89501
Tel:
775.501.9400
[e-mail]
[e-mail]

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and

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DAVIS GRAHAM & STUBBS LLP

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By: s/ Kenzo S. Kawanabe ________________ s
Adam S. Cohen
Kenzo S. Kawanabe
Constance L. Rogers
Kyle W. Brenton
1550 17th Street, Suite 500
Denver, CO 80202
Tel:
303.892.9400
Fax:
303.893.1379
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants BP America Inc., and
Atlantic Richfield Company

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IT IS SO ORDERED:

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______________________________
________________________________
UNITED STATES DISTRICT JUDGE
LARRY R. HICKS
UNITED STATES DISTRICT
DATED: _________________ JUDGE

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DATED this 16th day of October, 2017.

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