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

Filing 21638

JOINT STIPULATION AND ORDER to Stay Subproceeding and Refer to Mediation re parties' 21609 Stipulated Motion in case 2:70-cv-09213-RSM and re parties' 22 Stipulated Motion in case 2:17-sp-00003-RSM, signed by Judge Ricardo S Martinez. (SWT)

The Honorable Ricardo S. Martinez
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA, et al.,
Plaintiffs,

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STATE OF WASHINGTON, et al.,
Defendants.
The Stillaguamish Tribe of Indians, Upper Skagit Indian Tribe and Swinomish Indian
Tribal Community (“Moving Parties”) stipulate as follows and jointly move for relief as set out
below pursuant to Paragraph 25(b)(2) as modified by United States v. Washington, 18 F. Supp.
3d. 1172, 1214 (W.D. Wash. 1991) and LCR 39.1(c).
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requesting parties and all affected parties to engage in mediation under LCR

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39.1(c)(3)–(7); and
2.

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The Moving Parties jointly stipulate and respectfully ask that the Court (a) stay all
case deadlines, as set out in the Court’s Order Regarding Initial Disclosures, Joint

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Pursuant to LCR 39.1(c)(1), the Moving Parties have agreed to participate in
mediation and respectfully request that the Court issue an order directing the

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JOINT STIPULATION TO STAY
SUBPROCEEDING AND FOR ORDER
TO REFER TO MEDIATION

v.

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Case No. C70-9213
Subproceeding: 17-sp-03

Status Report, and Early Settlement, dated September 12, 2017 (Dkt. # 5); and
JOINT STIPULATION TO STAY AND PROPOSAL
TO REFER TO MEDIATION (CASE NO. 70-9213) – PAGE 1
70201361V.1

KILPATRICK, TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
[phone]

(b) order that the Moving Parties notify the Court in writing within ten days of the
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conclusion of mediation.
The Moving Parties have not been informed that any party to this action opposes entry of the
order below.
DATED this 27th day of September, 2017.
STILLAGUAMISH TRIBE OF INDIANS

UPPER SKAGIT INDIAN TRIBE

By:
Rob Roy Smith, WSBA #33798
Email: [e-mail]
Claire R. Newman, WSBA #46200
Email: [e-mail]
Kilpatrick Townsend & Stockton, LLP
1420 Fifth Avenue, Suite 3700
Seattle, Washington 98101
Tel: [phone]

By: s/ Tyler Farmer by RRS per auth.
Arthur W. Harrigan, Jr., WSBA # 1751
Email: [e-mail]
Tyler Farmer, WSBA # 39912
Email: [e-mail]
Xiang Li, WSBA # 52306
Email: [e-mail]
Harrigan Leyh Farmer & Thomsen LLP
999 Third Avenue, Suite 4400
Seattle, WA 98104
Tel: [phone]

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By: /s Scott Mannakee by RRS per auth.
Scott Mannakee, WSBA # 19454
Email: [e-mail]
Office of Legal Counsel
Stillaguamish Tribe of Indians
3322 236th Street NE
Arlington, Washington 98223
Tel: [phone]

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Attorneys for the Stillaguamish Tribe of Indians

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David S. Hawkins, WSBA # 35370
Email: [e-mail]
General Counsel
Upper Skagit Indian Tribe
25944 Community Plaza Way
Sedro-Woolley, WA 98284
Tel: [phone]
Attorneys for Upper Skagit Indian Tribe

SWINOMISH INDIAN TRIBAL
COMMUNITY
By: s/James M. Jannetta by RRS per. auth
James M. Jannetta, WSBA #36525
Email: [e-mail]
Emily Haley, WSBA #38284
Email: [e-mail]
Office of The Tribal Attorney Swinomish Indian
Tribal Community
11404 Moorage Way
La Conner, WA 98257
Tel: [phone]
Attorneys for Swinomish Indian Tribal Community
JOINT STIPULATION TO STAY AND PROPOSAL
TO REFER TO MEDIATION (CASE NO. 70-9213) – PAGE 2
70201361V.1

KILPATRICK, TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
[phone]

ORDER
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Pursuant to the foregoing stipulation, and for good cause shown, all case deadlines in
Subproceeding 17-3 are stayed pending mediation. The requesting parties and all affected
parties shall participate in mediation to be conducted pursuant to Local Civil Rule 39.1(c).
IT IS SO ORDERED.
Dated this 10 day of October 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO STAY AND PROPOSAL
TO REFER TO MEDIATION (CASE NO. 70-9213) – PAGE 3
70201361V.1

KILPATRICK, TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
[phone]

CERTIFICATE OF SERVICE
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I hereby certify that on September 27, 2017, I electronically filed the foregoing JOINT
STIPULATION TO STAY SUBPROCEEDING AND FOR ORDER TO REFER TO
MEDIATION with the Clerk of the Court using the CM/ECF system, which will send
notification of such filing to the parties registered in the Court’s ECF system for the abovecaptioned case.

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DATED this 27th day of September, 2017.

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Kilpatrick Townsend & Stockton LLP

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By:

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Rob Roy Smith, WSBA # 33798
[e-mail]
Attorneys for the Stillaguamish Tribe of Indians

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CERTIFICATE OF SERVICE
70201361V.1

KILPATRICK, TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
[phone]