Filed: Mar. 15, 2017
Latest Update: Mar. 15, 2017
Summary: STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE: [PROPOSED] ORDER (Doc. 13) JENNIFER L. THURSTON , Magistrate Judge . The above named Petitioners ("Petitioners") and Respondents ("Respondents") hereby stipulate, pursuant to Local Rule (LR) 143, to continue the Scheduling Conference, currently set for March 30, 2017, 8:30 a.m. before United States Magistrate Judge Jennifer L. Thurston. 1. Status of Filings and Service. The status of service is as follows: • On December 29, 20
Summary: STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE: [PROPOSED] ORDER (Doc. 13) JENNIFER L. THURSTON , Magistrate Judge . The above named Petitioners ("Petitioners") and Respondents ("Respondents") hereby stipulate, pursuant to Local Rule (LR) 143, to continue the Scheduling Conference, currently set for March 30, 2017, 8:30 a.m. before United States Magistrate Judge Jennifer L. Thurston. 1. Status of Filings and Service. The status of service is as follows: • On December 29, 201..
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STIPULATED REQUEST TO CONTINUE SCHEDULING CONFERENCE: [PROPOSED] ORDER (Doc. 13)
JENNIFER L. THURSTON, Magistrate Judge.
The above named Petitioners ("Petitioners") and Respondents ("Respondents") hereby stipulate, pursuant to Local Rule (LR) 143, to continue the Scheduling Conference, currently set for March 30, 2017, 8:30 a.m. before United States Magistrate Judge Jennifer L. Thurston.
1. Status of Filings and Service.
The status of service is as follows:
• On December 29, 2016, Petitioners' legal counsel Jack Duran filed the Petition, followed by a First Amended Petition ("FAP") filed on January 28, 2017. Petitioners mailed the FAP and related documents, including the Summons, to Respondents' legal counsel on February 7, 2017.
• After discussions as to the validity of services of the Summons and Petitions, Petitioners sent a Waiver of Service of Summons. Respondent Tribal Council members, by and through their legal counsel, returned the Waiver on February 27, 2017. Respondent Judge Kockenmeister returned the Waiver to Petitioner's legal counsel on March 8, 2017.
2. Factual Basis for Proposed Order.
• Respondents' responsive pleadings are due on April 10, 2017.
• No Respondent has made an appearance in this case.
• Respondents will challenge the venue and jurisdictional basis of the FAP by way of a Motion to Dismiss pursuant to Rule 12(b) of the Federal Rules of Federal Procedure, including, but not limited to:
• The Court lacks subject matter jurisdiction;
• The Court lacks personal jurisdiction;
• The Federal Court is not the proper venue to hear Petitioners' claim; and
• Petitioners have failed to state a claim upon which relief can be granted by the Federal Court.
• Should the motions be successful, there would be no need for the Court to schedule any further proceedings in this case.
• The parties are mindful of the Court's resources, and therefore stipulate and request a continuance of the Joint Scheduling Conference and the related filings for ninety (90) days. The parties suggest the following revised dates:
• June 6, 2017; Joint Scheduling Conference Statement due date.
• June 22, 2017; Continued Joint Scheduling Conference.
• No prior extensions have been sought or granted. (LR 144(b).)
ORDER
NOW, THEREFORE, IT IS HEREBY STIPULATED AND ORDERED AND DECREED BY THE COURT, AS FOLLOWS:
Good cause appearing, the Joint Scheduling Conference scheduled for March 30, 2017, 8:30 a.m. is vacated and rescheduled for June 22, 2017. The Joint Scheduling Conference Statement due date is now June 6, 2017.
IT IS SO ORDERED.
