USA, et al v. State of Washington, et al

Filing 21582

ORDER granting Stillaguamish Tribe of Indians' (21580) Motion for Leave to Open New Subproceeding in case 2:70-cv-09213-RSM; granting Stillaguamish Tribe of Indians' (1) Motion for Leave to Open New Subproceeding in case 2:17-sp-00003-RS M ; The Stillaguamish Tribe of Indians shall then proceed with the filing of its Request for Determination. All subsequent filings in the subproceeding shall be filed in the main case, C70-9213RSM, as well as in the subproceeding. Signed by Judge Ricardo S Martinez.(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA, et al.,

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Plaintiffs,
v.

Case No. C70-9213RSM
Sub-proceeding No. 17-sp-03
ORDER GRANTING LEAVE TO OPEN
NEW SUBPROCEEDING

STATE OF WASHINGTON, et al.,

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Defendants.

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THIS MATTER comes before the Court for consideration upon the Ex Parte Motion of

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the Stillaguamish Tribe of Indians for an Order seeking leave to open a new subproceeding

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against the State of Washington. 1 Dkt. #21580. A certification filed in support of the instant

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Motion certifies that the parties have held a Meet and Confer, which was unsuccessful, in
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compliance with the pre-filing requirements of Paragraph 25 of the Permanent Injunction, as
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modified August 11, 1993 (Dkt. # 13599), and the Court’s Supplemental Order on Paragraph 25
Procedures (Dkt. # 19893). Id. at 3-4.

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Having considered the materials submitted in support of the Motion and the relevant

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record, the Court hereby ORDERS that the Stillaguamish Tribe of Indians is GRANTED leave

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to open a new subproceeding against the State of Washington.

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The Stillaguamish Tribe notes that other potential respondents may include the Swinomish
Indian Community, the Tulalip Tribes and the Upper Skagit Indian Tribes. Dkt. #21580 at 3.

ORDER GRANTING LEAVE TO OPEN NEW SUBPROCEEDING -1

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It is further ORDERED that the Clerk shall open this matter as a new subproceeding,

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designated as Subproceeding 17-sp-03. The Stillaguamish Tribe of Indians shall then proceed

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with the filing of its Request for Determination. All subsequent filings in the subproceeding

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shall be filed in the main case, C70-9213RSM, as well as in the subproceeding.

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This Order does not constitute a finding that the dispute is within the Court’s jurisdiction
under Paragraph 25 of the Permanent Injunction.

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DATED this 11th day of September 2017.
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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER GRANTING LEAVE TO OPEN NEW SUBPROCEEDING -2