STIPULATION AND ORDER VACATING SCHEDULING CONFERENCE AND STAYING ACTION PENDING APPEAL OF THE COURT'S ORDER FILED MAY 14, 2014

LAWRENCE K. KARLTON, District Judge.

Plaintiff Beth A. Bodi and defendants Shingle Springs Band Of Miwok Indians, Shingle Springs Tribal Health Board, and Brenda Adams (collectively "Parties"), by and through their counsel of record, respectfully request that the Court give effect to the Parties' stipulation and stay this action pending appeal of the Court's order filed May 14, 2014 ("Order"):

WHEREAS, the Court's Order rejected the sovereign immunity defense of Shingle Springs Band Of Miwok Indians, Shingle Springs Tribal Health Board, and Brenda Adams, dismissing only the Shingle Springs Tribal Health Program on non-jurisdictional grounds;

WHEREAS, the Court's Order is immediately appealable because it denies claims of tribal sovereign immunity (Burlington Northern & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085, 1091 (9th Cir. 2007));

WHEREAS, the Court's Order, at page 17, lines 24 to 26, expressed the Court's "hope that the defendants appeal this ruling so that a higher court may definitively resolve the issue";

WHEREAS, in the Parties' Joint Status Report, filed May 1, 2014, the Parties stipulated in paragraph (p) that, "should the Court deny Defendants' motion to dismiss, it is in the interest of the parties, and would further judicial economy, to stay trial court proceedings pending the Ninth Circuit's resolution of this Court's jurisdiction to hear the case";

WHEREAS; the Parties hereby confirm their agreement that that a stay of this matter pending appeal of the Order is in the interest of the Parties and would further judicial economy;

WHEREAS, a scheduling conference in this matter is currently scheduled for May 19, 2014, at 2:00 p.m.; and

WHEREAS, the Parties agree that a scheduling conference is unnecessary until the Ninth Circuit resolves defendants' appeal of the Order.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the Parties that:

1. The scheduling conference scheduled for May 19, 2014, should be taken off calendar pending the Tribe's appeal of the Order;

2. All proceedings in this matter should remain stayed until the Ninth Circuit issues its mandate on defendants' appeal of the Order; and

3. The Court should set a scheduling conference, if necessary, following issuance of the Ninth Circuit's mandate.

IT IS SO STIPULATED.

ORDER

The Parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED THAT:

1. The scheduling conference scheduled for May 19, 2014, is taken off calendar to be reset pending the Tribe's appeal of the Order;

2. All proceedings in this matter are stayed until the Ninth Circuit issues its mandate on defendants' appeal of the Order; and

3. The Court will set a scheduling conference, if necessary, following issuance of the Ninth Circuit's mandate.