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Timbisha Shoshone Tribe; Joseph ("Joe") Kennedy; Angela ("Angie") Boland; Grace Goad v. United States Department of the Interior

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


May 6, 2011

TIMBISHA SHOSHONE TRIBE; JOSEPH ("JOE") KENNEDY; ANGELA ("ANGIE") BOLAND; GRACE GOAD; ERICK MASON; HILLARY FRANK; MADELINE ESTEVES AND PAULINE
PLAINTIFFS,
v.
UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, LARRY ECHO HAWK, AMY DUTSCHKE; AND TROY URDICK
DEFENDANTS.

The opinion of the court was delivered by: Hon. Morrison C. England, Jr.

BENJAMIN B. WAGNER United States Attorney SYLVIA A. QUAST Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2740 Attorneys for Defendants

DEFENDANTS' REQUEST TO ESTEVES, FILE OVERLENGTH BRIEF AND ORDER Date: May 12, 2011 Time: 2:00 p.m. Ctrm: 7 (14th floor)

Pursuant to the Court's Order Requiring Joint Status Report (Docket # 9) ¶ 8, which requires parties to ask for permission to file briefs in excess of 20 pages prior to issuance of the Pretrial (Status) Report, Defendants in this action respectfully request that this Court accept for filing their Opposition to Plaintiffs' Motion for Preliminary Injunction, which is 23 pages long. Plaintiffs filed hundreds of pages of declarations and exhibits to which Defendants had to respond, and Defendants' Opposition includes discussion of several jurisdictional problems with Plaintiffs' Complaint, in addition to addressing the merits and equities, as required for a preliminary injunction motion.

Accordingly, there is good cause to allow Defendants to file their Opposition. Counsel for Plaintiffs has authorized counsel for Defendants to say that Plaintiffs do not oppose this request.

ORDER

Defendants are given leave to file a 23-page opposition to plaintiffs' motion for preliminary injunction.

MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

20110506

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