Opinion
GEORGE FORMAN, FORMAN & ASSOCIATES, San Rafael, CA, Attorneys for Plaintiff the CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY
THOMAS F. GEDE, BINGHAM MCCUTCHEN LLP, Sacramento, CA, 3 Embarcadero Center, San Francisco, CA, Attorneys for Plaintiff the UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA.
BENJAMIN S. SHARP (pro hac vice), PERKINS COIE LLP, Washington, DC, Attorneys for Plaintiffs CITIZENS FOR A BETTER WAY, et al.
IGNACIA S. MORENO, Assistant Attorney General, PETER KRYN DYKEMA, STEVEN E. MISKINIS, Trial Attorneys, U.S. Department of Justice, Environment and Natural Resources Division, Natural Resources Section, Washington, DC, Attorneys for the FEDERAL DEFENDANTS.
NICHOLAS C. YOST, SNR DENTON U.S. LLP, San Francisco, CA, Attorneys for Intervenor the ESTOM YUMEKA MAIDU TRIBE OF THE ENTERPRISE RANCHERIA, CALIFORNIA.
STIPULATION AND ORDER GOVERNING FURTHER PROCEEDINGS
JOHN A. MENDEZ, District Judge.
The parties, plaintiffs CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY ("Colusa"), UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA ("Auburn"), CITIZENS FOR A BETTER WAY, ET AL. ("Citizens"), and defendants THE ESTOM YUMEKA MAIDU TRIBE OF THE ENTERPRISE RANCHERIA CALIFORNIA ("Enterprise"), and DEFENDANTS KENNETH A. SALAZAR, ET AL. ("Federal Defendants"), hereby stipulate and request that the Court issue the following order to govern further proceedings in these consolidated cases.
1. Plaintiffs' motions for Preliminary Injunction shall be taken off the Court's March 20, 2013 calendar.
2. The notice period to which Enterprise has committed (referenced on pages 9-10 of the Court's January 30 Order, Doc. #57) shall be increased from 30 days to 60 days.
3. Upon receipt of such notice from Enterprise that activity will commence at the Proposed Site, Plaintiffs shall have fifteen days to file any motion(s) for injunctive relief, and shall seek to calendar any hearing on the motion within 60 days of receipt of such notice.
4. Federal Defendants shall lodge the certified Administrative Record with the Court on or before May 17, 2013. The Parties may by agreement extend said deadline, which agreement shall not be unreasonably withheld. Any objections to, including motions to supplement, the Administrative Record shall be filed on or before the 60th day following lodging of the certified Administrative Record. The Parties shall meet and confer to resolve conflicts pertaining to the Administrative Record, if any, prior to filing motions with the Court, which motion(s) shall be calendared on the earliest available date.
5. Plaintiffs' Motion(s) for Summary Judgment shall be filed on or before the later of 60 days after the lodging of the certified Administrative Record, or 30 days after resolution by the Court of any objections to, including motions to supplement, the 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.
6. Enterprise shall be entitled to file its Combined Cross-Motion(s) for Summary Judgment and Opposition(s) to Plaintiffs' Motion(s) for Summary Judgment and Reply(ies), if any, in support of its Motion(s) For Summary Judgment on the same schedule as Federal Defendants. Enterprise shall be subject to the limits set forth in the Parties' February 8, 2013 Joint Status Report (Doc. #61), as approved in the Court's February 12, 2013 Minute Order (Doc. #64).
7. The Parties are exempt from filing initial disclosures under Federal Rule of Civil Procedure 26(a)(1) because this is an action for review on an administrative record without prejudice to any objections the Parties may have to the Administrative Record.
8. All non-dispositive motions shall be presented to the assigned Magistrate Judge for resolution.
So Ordered.