State Of N.M., et al v. John Abbott, et al

Filing 2997

ORDER FOR STATUS REPORT by Magistrate Judge Jerry H. Ritter. A joint status report on the settlement negotiations regarding Ohkay Owingeh's water rights claims is due by June 10, 2019. (jdm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STATE OF NEW MEXICO ex rel.,
STATE ENGINEER, et al.,

CIVIL NO. 68-7488 MV/JHR
Rio Santa Cruz Adjudication

Plaintiffs,
and
vs.
CIVIL NO. 70-8650 MV/JHR
Rio de Truchas Adjudication

JOHN ABBOTT, et al.,
Defendants.

CONSOLIDATED

ORDER FOR STATUS REPORT
THIS MATTER is before the Court on the Joint Status Report, Doc. 2993, filed
December 10, 2018, and the City of Espanola’s Status Report, Doc. 2994, filed December 10,
2018.
The Parties to the Joint Status Report state that they are committed to continuing the
negotiation process and that the resumption of litigation would hamper their efforts to resolve
Ohkay Owingeh’s water rights claims through negotiations. They also state that they “believe
that progress on all of the outstanding issues would be facilitated by the assistance of a
professional facilitator, and some of the Parties are actively discussing this step.”
The City of Espanola “has concerns that the settlement negotiations are not progressing
with the City because Ohkay Owingeh’s factual claims are ever-expanding and the legal bases of
some of these claims are uncertain.” The City of Espanola “does not believe the Court needs to
schedule the filing and briefing of motions for summary judgment or other dispositive motions
within the next six months.” All Parties suggest that the Court require the filing of a joint status
report on June 10, 2019.
The Parties shall, by June 10, 2019, file a joint status report addressing the following: (1)

settlement negotiations; (2) scheduling dispositive motions; (3) rescheduling the trial; (4) an
update on the Parties’ expectations of the timing of a settlement agreement; and (5) any other
matters the Parties wish to bring to the Court’s attention. In the event the Parties are unable to
agree on a joint status report, they may file individual status reports.
IT IS SO ORDERED.
_____________________________________
JERRY H. RITTER
UNITED STATES MAGISTRATE JUDGE