The opinion of the court was delivered by: Judge: Hon. Morrison C. England, Jr.
George Forman (Cal. Bar No. 047822) Jeffrey R. Keohane (Cal. Bar No. 190201) FORMAN & ASSOCIATES 4340 Redwood Highway, Suite E352 San Rafael, CA 94903 Phone: (415) 491-2310 Fax: (415) 491-2313 E-Mail: firstname.lastname@example.org email@example.com Attorneys for Plaintiffs TIMBISHA SHOSHONE TRIBE, et al.
STIPULATION TO SHORTEN TIME ON MOTION FOR PRELIMINARY
INJUNCTION AND ORDER
WHEREAS the Timbisha Shoshone Tribe has been beset by a long-running leadership dispute over control of the Tribe;
WHEREAS Plaintiffs, who represent one of the two factions claiming to be the governing body of the Tribe, have filed this Administrative Procedure Act action challenging Defendants' March 1 decision to recognize the other faction as the governing body for the limited time of 120 days from the date of the decision, and for the limited purpose of carrying out essential government-to-government relations and holding a special election that complies with Tribal law;
WHEREAS the special election in question will be held this Friday, April 29, 2011; WHEREAS the Plaintiffs will file a Motion for Preliminary Injunction on April 26, 2011, seeking to prevent the Defendants from recognizing or otherwise taking action regarding the outcome of the April 29 special election pending the outcome of this litigation;
WHEREAS the Defendants have a duty to recognize a Tribal government for government-to-government purposes if at all possible; and
WHEREAS the Defendants wish to recognize a Tribal government properly elected in the April 29 special election as soon as possible thereafter;
NOW THEREFORE the parties to this action hereby stipulate and respectfully request that the Court enter an Order as follows:
1. The Defendants shall file their opposition to Plaintiffs' Motion for Preliminary Injunction, including supporting briefs and documentation, on or before Wednesday, May 4, 2011.
2. The Plaintiffs shall file their reply to Defendants' opposition on or before Friday, May 6, 2011.
3. The hearing on the Motion shall be set for May 12, 2011, at 2:00 p.m., or as soon thereafter as is possible for ...