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ALTURAS INDIAN RANCHERIA v. JEWELL, 2:14-CV-01407-TLN-CMK. (2014)

Court: District Court, E.D. California Number: infdco20141127524 Visitors: 6
Filed: Nov. 25, 2014
Latest Update: Nov. 25, 2014
Summary: STIPULATION AND ORDER FOR STAY TROY L. NUNLEY, District Judge. The parties seek a stipulation from this Court staying the matter until disputes regarding the government of Plaintiff Alturas Indian Rancheria are resolved. Alturas filed this action on June 12, 2014, seeking an order compelling officials at the United States Department of the Interior and the Bureau of Indian Affairs ("BIA") to pay Contract Support Costs under the Indian Self-Determination and Education Assistance Act, 25 U.S.C.
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STIPULATION AND ORDER FOR STAY

TROY L. NUNLEY, District Judge.

The parties seek a stipulation from this Court staying the matter until disputes regarding the government of Plaintiff Alturas Indian Rancheria are resolved.

Alturas filed this action on June 12, 2014, seeking an order compelling officials at the United States Department of the Interior and the Bureau of Indian Affairs ("BIA") to pay Contract Support Costs under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450, et seq. ("ISDEAA"). (Complaint, Dkt. No. 1. at ¶¶ 1 & 18).1 After the filing of Plaintiff's motion for summary judgment and Defendants' motion to dismiss, a dispute arose as to who was the lawful governing body of the tribe. Defendants then filed a motion to stay proceedings until that dispute was resolved. (See Dkt. No. 37). Rather than litigate the issue of a stay, the parties have agreed to stay proceedings under the terms and conditions set forth below.

Therefore, the parties hereby stipulate as follows:

1. That the Court enter a stay of this matter; 2. That the stay remain in effect until the Court is notified that BIA has officially recognized the lawful governing body of the tribe; 3. That the stay shall dissolve 30 days after any party notifies the Court that BIA has taken such action; 4. That any other party may object to dissolution of the stay within 14 days of such notice, but only upon the grounds that BIA has not taken such action; 5. That the parties shall file status reports with the Court every 180 days until such time as the matter is no longer stayed; and 6. That the hearing currently set for December 11, 2014, on the motion for stay, be vacated.

Respectfully Submitted,

IT IS SO ORDERED.

FootNotes


1. As set forth in other filings, "Contract Support Costs" are payments by the federal government to the Tribe to administer various contracts for services to the Tribe.
Source:  Leagle

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