Filed: Mar. 08, 2013
Latest Update: Mar. 08, 2013
Summary: STIPULATION AND ORDER TO CONSOLIDATE CASES, FILE AMENDED, CONSOLIDATED COMPLAINT, AND WITHDRAW PENDING MOTIONS JOHN A. MENDEZ, District Judge. Plaintiffs and Defendants in Pit River Tribe, et al. v. Bureau of Land Management, et al. , Case No. CIV-S-04-0956 DFL JFM and Save Medicine Lake Coalition, et al. v. Bureau of Land Management, et al. , Case No. CIV-S 04-0969, by and through their attorneys, stipulate as follows and jointly request that the Court issue the proposed order set forth bel
Summary: STIPULATION AND ORDER TO CONSOLIDATE CASES, FILE AMENDED, CONSOLIDATED COMPLAINT, AND WITHDRAW PENDING MOTIONS JOHN A. MENDEZ, District Judge. Plaintiffs and Defendants in Pit River Tribe, et al. v. Bureau of Land Management, et al. , Case No. CIV-S-04-0956 DFL JFM and Save Medicine Lake Coalition, et al. v. Bureau of Land Management, et al. , Case No. CIV-S 04-0969, by and through their attorneys, stipulate as follows and jointly request that the Court issue the proposed order set forth belo..
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STIPULATION AND ORDER TO CONSOLIDATE CASES, FILE AMENDED, CONSOLIDATED COMPLAINT, AND WITHDRAW PENDING MOTIONS
JOHN A. MENDEZ, District Judge.
Plaintiffs and Defendants in Pit River Tribe, et al. v. Bureau of Land Management, et al., Case No. CIV-S-04-0956 DFL JFM and Save Medicine Lake Coalition, et al. v. Bureau of Land Management, et al., Case No. CIV-S 04-0969, by and through their attorneys, stipulate as follows and jointly request that the Court issue the proposed order set forth below.
WHEREAS, both of the above-referenced actions concern the validity of the lease extensions approved by the Bureau of Land Management on May 18, 1998 for leases in the Glass Mountain Known Geothermal Resource Area;
WHEREAS on July 27, 2004, this Court previously found these two cases to be related;
WHEREAS on September 25, 2008, counsel for Plaintiffs in Pit River Tribe substituted in as counsel for Plaintiffs in Save Medicine Lake Coalition and now represent plaintiffs in both cases;
WHEREAS the voluntary withdrawal of certain project approvals by Defendants have rendered moot some of the claims in Pit River Tribe and Save Medicine Lake Coalition which are the subject of Defendants' motions for partial dismissal and partial summary judgment, currently set for hearing on March 20, 2013;
WHEREAS Plaintiffs in both cases desire to consolidate the two cases and file an amended complaint in order to promote judicial efficiency;
WHEREAS Plaintiffs have therefore prepared the proposed, consolidated First Amended Complaint attached hereto;
WHEREAS Defendants disagree that Plaintiffs' filing the proposed First Amended Complaint will resolve all issues raised by Defendants' pending motions, but agree that filing the proposed First Amended Complaint will narrow the case for future disposition;
NOW THEREFORE, the parties hereby stipulate as follows:
1. The claims in Pit River Tribe and Save Medicine Lake Coalition shall be consolidated for all purposes, and the proposed First Amended Complaint attached hereto shall be deemed filed upon entry of the order set forth below.
2. The proposed First Amended Complaint includes factual allegations concerning the history of geothermal leasing and proposed development in the Medicine Lake Highlands, but Plaintiffs agree that it only assert causes of action related to the May 18, 1998 lease extensions and to Federal Defendants' alleged failure to provide public records in response to Plaintiffs' Freedom of Information Act request.
3. Subject to approval of the stipulations contained herein, Defendants hereby withdraw their pending motions for partial dismissal and partial summary judgment and give notice of their intent to file a new motion arguing that certain claims set forth in the amended complaint are not cognizable, prior to briefing of the merits.
Pursuant to stipulation, IT IS SO ORDERED.
