State of North Dakota v. United States Department of Interior et al

Filing 63

ORDER granting motion to continue stay. Case is stayed pending further order. Status Report due by 3/10/2023. By Magistrate Judge Clare R. Hochhalter (BG)

Case 1:21-cv-00148-DMT-CRH Document 63 Filed 01/18/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
STATE OF NORTH DAKOTA,

)
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Plaintiff,
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vs.
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THE UNITED STATES DEPARTMENT OF
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INTERIOR; DEBRA ANN HAALAND, in her
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official capacity as Secretary of Interior; THE
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BUREAU OF LAND MANAGEMENT; NADA )
CULVER, in her official capacity as acting
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Director of the Bureau of Land Management; and )
JOHN MEHLHOFF, in his official capacity as the )
acting Director of the Montana-Dakotas Bureau of )
Land Management,
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Defendants.
)

ORDER

Case No. 1:21-cv-148

On November 8, 2022, the Court issued an order granting North Dakota’s unopposed Motion
for Stay of Case Deadlines, staying the above-captioned case, and directing North Dakota to file a
status report by January 9, 2023. (Doc. No. 59).
On January 5, 2023, North Dakota filed a new case challenging Defendants' cancellations
of additional quarterly lease sales cancelled after the initiation of the above-captioned case and
requesting the Court to, among other things, issue a preliminary injunction. See North Dakota v.
United States, et al., Case No. 1:23-cv-004 (D.N.D.).
On January 9, 2023, North Dakota filed a status report in the above-captioned action as
previously directed by the Court. (Doc. No. 60). Therein it requested the Court to continue the stay
in the above-captioned action pending resolution of its request for a preliminary injunction in Case
No. 1:23-cv-004.

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Case 1:21-cv-00148-DMT-CRH Document 63 Filed 01/18/23 Page 2 of 2

On January 9, 2023, Defendants filed a response to North Dakota’s status report (Doc. No.
61). They advise that they take no position on North Dakota's request to continue the stay but
reserve the their right to (1) assert all defenses and objections in Case No. 1:23-cv-004 , and (2)
seek dismissal of either the above-captioned case or Case No. 1:23-cv-004 on the ground that North
Dakota cannot simultaneously pursue multiple suits against them over the same controversy.
The Court GRANTS North Dakota’s request to continue the stay. This matter shall be
stayed pending further order. North Dakota shall file another status report by March 10, 2023.
IT IS SO ORDERED.
Dated this 18th day of January, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court

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