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Clifford M. Lewis, et al v. Ken Salazar

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 11, 2011

CLIFFORD M. LEWIS, ET AL.,
PLAINTIFFS,
v.
KEN SALAZAR, SECRETARY OF THE INTERIOR FOR THE
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

BENJAMIN B. WAGNER United States Attorney EDWARD A. OLSEN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2821 Facsimile: (916) 554-2900 Email: edward.olsen@usdoj.gov Attorneys for Ken Salazar

STIPULATION TO MODIFY BRIEFING SCHEDULE AND HEARING DATE; AND ORDER

Plaintiffs and Defendants, by and through their attorneys of record, hereby stipulate, subject to approval by the Court, to modify the briefing schedule and hearing date in the above-captioned proceeding, in light of the following:

(1) Plaintiffs filed a Complaint on July 16, 2010, and a First Amended Complaint on August 17, 2010.

(2) On October 26, 2010, the Court adopted the parties' proposed briefing schedule pursuant to which the Tribal Defendants' and the Federal Defendant's respective motions to dismiss were due on November 22, 2010; (2) oppositions by the plaintiffs were due on December 20, 2010; (3) defendants' replies were due on January 14, 2011; and a hearing was scheduled for January 24, 2011.

(3) Although the Tribal Defendants and the Federal Defendant each filed timely motions to dismiss, plaintiffs inadvertently overlooked the deadline for filing their oppositions to the motions to dismiss and did not file their opposition to the Tribal Defendants' motion to dismiss until December 31, 2010, and did not file their opposition to the Federal Defendant's motion to dismiss until January 5, 2011.

(4) In order to give the Tribal Defendants and the Federal Defendant fair and sufficient time to prepare and file their respective replies, the parties agree, subject to approval of the Court, to modify the briefing schedule and hearing date as follows:

Deadline for the filing of the defendants' replies: February 11, 2011 Hearing Date: March 21, 2011 The parties recognize that the next available hearing date on the Court's calendar is March 21, 2011, but would of course accept any sooner hearing date following the submission of their replies on February 11, 2011, if suitable to the Court.

IT IS SO ORDERED.

20110111

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