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Cachil Dehe Band of Wintun Indians of Colusa Indian Community v. Jewell, 2:12-CV-03021-TLN-AC. (2014)

Court: District Court, E.D. California Number: infdco20140502h35 Visitors: 5
Filed: Apr. 29, 2014
Latest Update: Apr. 29, 2014
Summary: STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS (DOCKET NOS. 69, 82, 85). TROY L. NUNLEY, District Judge. Plaintiffs UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA ("UAIC"), CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY ("Colusa"), CITIZENS FOR A BETTER WAY, ET AL. ("Citizens"), and defendants SALLY JEWELL, ET AL. ("Federal Defendants"), hereby stipulate and request that the Court issue the following order to modify the Stipulation and Order Gove
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STIPULATION AND ORDER TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS (DOCKET NOS. 69, 82, 85).

TROY L. NUNLEY, District Judge.

Plaintiffs UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA ("UAIC"), CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY ("Colusa"), CITIZENS FOR A BETTER WAY, ET AL. ("Citizens"), and defendants SALLY JEWELL, ET AL. ("Federal Defendants"), hereby stipulate and request that the Court issue the following order to modify the Stipulation and Order Governing Further Proceedings (Docket No. 69 (entered Mar. 4, 2013), as modified by Docket No. 82 (entered June 5, 2013) and Docket No. 85 (entered August 13, 2013) ("Stipulated Order")) in these consolidated cases. Counsel for Citizens and counsel for Federal Defendants attempted to contact counsel for Defendant Intervenor the Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California ("Enterprise") regarding this stipulation, but had not heard back from Enterprise by the time of filing.

Paragraph 4 of the Stipulated Order shall be modified to reflect that Federal Defendants lodged an amended Administrative Record with the Court on April 10, 2014, that Plaintiffs have raised objections regarding the amended Administrative Record, and that the Parties have agreed to extend the current deadline of April 28, 2014 for filing objections to the Administrative Record to allow for the resolution of those objections, to read as follows:

4. Federal Defendants lodged an amended Administrative Record with the Court on April 10, 2014 (see Docket No. 86). The parties have since discovered that the amended Administrative Record and associated index contain errors. Federal Defendants have agreed to provide Plaintiffs with a corrected version of the amended Administrative Record so that Plaintiffs can conclude their review of the adequacy of the amended Administrative Record. Any objections to, including motions to supplement, the amended Administrative Record shall be filed on or before the 14th day following Federal Defendants' delivery to Plaintiffs of a corrected amended Administrative Record and index. The Parties shall meet and confer to resolve conflicts pertaining to the corrected amended Administrative Record, if any, prior to Federal Defendants lodging a corrected version of the amended Administrative Record and Plaintiffs filing motions with the Court, which motion(s) shall be calendared on the earliest available date.

Paragraph 5 of the Stipulated Order shall be modified to read as follows:

5. Plaintiffs' Motion(s) for Summary Judgment shall be filed on or before the later of 28 days after the lodging of the corrected amended Administrative Record with the Court, or 28 days after resolution by the Court of any objections to, including motions to supplement, the corrected amended Administrative Record. Federal Defendants shall lodge a certified Supplement to the corrected amended Administrative Record, if necessary, as soon as practicable after the Court resolves any objections to, including motions to supplement, the corrected amended Administrative Record. Plaintiffs shall calendar the hearing on their Motion(s) for Summary Judgment on the first available hearing date on or after the 90th day following filing of the last-filed Motion for Summary Judgment. Federal Defendants' Combined Cross-Motion(s) for Summary Judgment and Opposition(s) to Plaintiffs' Motion(s) for Summary Judgment shall be filed no later than 30 days after the last-filed Motion for Summary Judgment. Plaintiffs' Combined Opposition(s) to Defendants' Cross-Motion for Summary Judgment and Reply(ies), if any, in support of their Motion(s) for Summary Judgment shall be filed no later than 30 days thereafter. Federal Defendants' Reply(ies), if any, in support of their Cross-Motion(s) for Summary Judgment shall be filed no later than 14 days thereafter.

The remaining provisions of the Stipulated Order shall remain unchanged.

So Ordered.

Source:  Leagle

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