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)

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Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 775.501.9400 Fax: 775.853.2916 rdotson@dotsonlaw.legal jgreiner@dotsonlaw.legal 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: 303.892.9400 Fax: 303.893.1379 kenzo.kawanabe@dgslaw.com adam.cohen@dgslaw.com connie.rogers@dgslaw.com kyle.brenton@dgslaw.com 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 1 Pursuant to Federal Rule of Civil Procedure 6 and Local Rule IA 6-1, Plaintiffs BP 2 America Inc. (“BPA”) and Atlantic Richfield Company (“ARC”) move to extend the time 3 allowed under Fed. R. Civ. P. 12(b) and Local Rule 7-2 for the parties to respond to the 4 Complaint and to file, respond to, and reply in support of certain initial motions, as set forth 5 below. 6 Prior to filing this Motion, undersigned counsel conferred with counsel for the 7 Defendants Yerington Paiute Tribe (“Tribe”), Laurie A. Thom in her official capacity as 8 Chairman of the Yerington Paiute Tribe (“Chairman Thom”), Yerington Paiute Tribal Court 9 (“Tribal Court”), and Sandra-Mae Pickens in her official capacity as Judge of the Yerington 10 Paiute Tribal Court (“Judge Pickens”). Defendants do not oppose this Motion, but they 11 expressly reserve and do not waive all arguments, including those relating to jurisdiction and 12 sovereign immunity. 13 14 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: 15 16 Tribal Court Action 1. On August 18, 2017, the Tribe filed a related action in the Yerington Paiute Tribal 17 Court, captioned Yerington Paiute Tribe v. BP America Inc. & Atlantic Richfield Co., Case 18 No. CV1017, against BPA and ARC (the “Tribal Court Action”). 19 2. On September 22, 2017, BPA and ARC filed a Motion to Dismiss for Lack of 20 Jurisdiction or, in the alternative, a Motion to Stay Pending Resolution of the Federal Court 21 Action (“Motion to Dismiss”) in the Tribal Court Action. 22 3. To allow for briefing and determination of the relevant and related jurisdictional 23 and other issues by this court, the Tribe filed an unopposed motion in the Tribal Court action 24 extending the time allowed (i) for the Tribe to file a response to the Motion to Dismiss until 25 December 1, 2017, (ii) for BPA and ARC to file a reply until January 15, 2018; and (iii) for a 26 hearing to be held by the Tribal Court on January 30, 2018. 27 Federal Court Action 28 4. On September 22, 2017, BPA and ARC filed their Complaint for Declaratory and 2 Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 3 of 5 1 Injunctive Relief in this court, naming the Tribe, Chairman Thom, the Tribal Court, and 2 Judge Pickens as defendants. BPA and ARC simultaneously filed a Motion for Preliminary 3 Injunction and a Request for Expedited Consideration (“Preliminary Injunction Motion”). 4 5. BPA and ARC effected service of the Summons, Complaint, and Preliminary 5 Injunction Motion on all four defendants on October 5, 2017. See Proofs of Service (Dkt. 18- 6 21). 7 6. Under Fed. R. Civ. P. 12(a)(1)(A)(i), Defendants have until October 26, 2017, to 8 respond to the Complaint. Counsel for the Tribe and Chairman Thom have indicated that they 9 will file a motion to dismiss. 10 7. BPA and ARC reasonably assume that some or all of the Defendants will raise 11 related arguments in both their motion(s) to dismiss and their response(s) to the Preliminary 12 Injunction Motion. Similarly, BPA and ARC will present related counter-arguments in their 13 response and reply briefs. As a result, counsel for the parties have agreed to coordinate the 14 briefing schedule to align the responses and replies as follows. 15 8. Under Local Rule 7-2, Defendants would have until October 19, 2017, to respond 16 to the Preliminary Injunction Motion. The parties agree to extend the deadline for Defendants’ 17 response(s) by eight days to October 27, 2017, one day after Defendants’ answer(s) or motion(s) 18 to dismiss is/are due under Rule 12. 19 9. The parties further agree to extend the deadlines for BPA’s and ARC’s reply in 20 support of the Preliminary Injunction Motion and response to Defendants’ motion(s) to dismiss 21 to November 16, 2017. 22 23 24 10. The parties agree to extend the deadline for Defendants to reply in support of the motion(s) to dismiss to November 30, 2017. 11. BPA and ARC believe these extended and coordinated deadlines will improve 25 efficiency and convenience for the court, without significantly affecting the need for expedited 26 consideration of the substantive issues before the court. 27 28 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. 3 Case 3:17-cv-00588-LRH-WGC Document 23 Filed 10/13/17 Page 4 of 5 1 Respectfully submitted, 2 3 DATED: October 13, 2017 DOTSON LAW 4 5 6 7 8 9 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 rdotson@dotsonlaw.legal jgreiner@dotsonlaw.legal 10 and 11 DAVIS GRAHAM & STUBBS LLP 12 13 14 15 16 17 18 19 20 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 adam.cohen@dgslaw.com kenzo.kawanabe@dgslaw.com connie.rogers@dgslaw.com kyle.brenton@dgslaw.com Attorneys for Defendants BP America Inc., and Atlantic Richfield Company 21 22 IT IS SO ORDERED: 23 24 ______________________________ ________________________________ UNITED STATES DISTRICT JUDGE LARRY R. HICKS UNITED STATES DISTRICT DATED: _________________ JUDGE 25 26 27 DATED this 16th day of October, 2017. 28 4

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