Anderson & Middleton Company v. Salazar et al

Filing 12

ORDER on STIPULATION 11 STAYING CASE. The parties will inform the Court as soon as the stay period has come to a conclusion, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10

Hon. Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANDERSON & MIDDLETON COMPANY, a Washington corporation, Plaintiff, No. C09-05033-RBL

11

v.
12 13 14 15 16 17

HON. KEN SALAZAR, in his official capacity STIPULATION AND ORDER HOLDING as Secretary, United States Department of the CASE IN ABEYANCE Interior; HON. CARL ALTMAN, in his official capacity as Assistant Secretary, Indian Affairs, United States Department of the Interior; STANLEY M. SPEAKS, in his official capacity as Regional Director, Bureau of Indian Affairs, United States Department of the Interior; and John Does 1 through 20;1 Defendants.

18 19 20 21 22 23 24 25 26 27 28 It should be noted that the Hon. Carl Altman is no longer the Assistant Secretary, Indian Affairs, United States Department of the Interior, although his replacement has not yet been named. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, any such replacement will automatically be substituted as a party defendant.
United States Attorney
1

JOINT STIPULATION On February 27, 2009, the Bureau of Indian Affairs ("BIA") informed plaintiff Anderson & Middleton ("A&M") that because the Quinault Indian Nation had failed to timely submit payment for the twenty-parcels of Indian-owned trust land at issue in this action, and barring judicial intervention in Quinault Indian Nation v. Salazar, et al., Case No. C09-5064-RBL, A&M may now purchase the allotments by submitting its balance of $3,951,923.40 to the BIA within thirty days of receipt of the notice. Because A&M's purchase of the land would render

STIPULATION AND PROPOSED ORDER ­ 1 (C09-05033-RBL)

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

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

its claims moot, the parties to this action hereby STIPULATE, AGREE, and JOINTLY REQUEST that the Court hold this action in abeyance until the earliest of the following three events has occurred: (1) A&M's purchase of the allotments is finalized; (2) the time period for A&M to submit payment to the BIA has expired, with no payment made; or (3) the case of Quinault Indian Nation v. Salazar, et al., Case No. C09-5064-RBL, a related action, has been resolved.2

DATED this 2nd day of March, 2009. JEFFREY C SULLIVAN United States Attorney SMYTH & MASON PLLC

s/Rebecca S. Cohen REBECCA S. COHEN, WSBA #31767 Assistant United States Attorney United States Attorney's Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: [phone] Fax: [phone] E-mail: [e-mail]

s/Jeffrey Alan Smyth JEFFREY ALAN SMYTH, WSBA # 6291 701 Fifth Avenue, Suite 7100 Seattle, WA 98104 Phone: [phone] Fax: [phone]

2

Defendants have moved to consolidate the Quinault case with this action.
United States Attorney
700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

STIPULATION AND PROPOSED ORDER ­ 2 (C09-05033-RBL)

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

ORDER The parties having so stipulated and agreed, it is hereby SO ORDERED. This action is hereby

held in abeyance until the earliest of the following three events has occurred: (1) A&M's purchase of the allotments is finalized; (2) the time period for A&M to submit payment to the BIA has expired, with no payment made; or (3) the case of Quinault Indian Nation v. Salazar, et al., Case No. C09-5064-RBL, has been resolved. The parties shall promptly inform the Court as
soon as the abeyance period has come to a conclusion and, at that time, shall file a stipulated order of dismissal or a joint status report advising the Court as to what issues, if any, remain outstanding. The Clerk is directed to send copies of this Order to all counsel of record.

DATED this 3rd day of March, 2009.

A

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

United States Attorney

STIPULATION AND PROPOSED ORDER ­ 3 (C09-05033-RBL)

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

1 2 3 4 5 6 7 8 9 10

Presented by: JEFFREY C. SULLIVAN United States Attorney /s/ Rebecca S. Cohen REBECCA S. COHEN Assistant United States Attorney Attorney for Respondents U.S. Attorney's Office Western District of Washington 700 Stewart Street, Suite 5220 [phone] [e-mail]

SMYTH & MASON PLLC
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
United States Attorney

/s/ Jeffrey Alan Smyth JEFFREY ALAN SMYTH, WSBA # 6291 701 Fifth Avenue, Suite 7100 Seattle, WA 98104 Phone: [phone] Fax: [phone]

STIPULATION AND PROPOSED ORDER ­ 4 (C09-05033-RBL)

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]