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Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 28, 2011

MISHEWAL WAPPO TRIBE OF ALEXANDER VALLEY,
PLAINTIFF,
v.
KEN SALAZAR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Edward J. Davila

IGNACIA S. MORENO Assistant Attorney General 2 Environment & Natural Resources Division United States Department of Justice 3 DAVID B. GLAZER (D.C. 400966) 4 Natural Resources Section Environment & Natural Resources Division 5 United States Department of Justice 301 Howard Street, Suite 1050 6 San Francisco, California 94105 TEL: (415) 744--6491 7 FAX: (415) 744-6476 e-mail: david.glazer@usdoj.gov 8 Attorneys for Federal Defendant 9 10 11

STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND EXTENDING DEAD- LINES FOR BRIEFING MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL

Date: N/A Time: N/A Courtroom No. 1

Rescheduling Case Mg't Conf. and Extending Deadlines for Briefing Mot. for Cert. of Interlocutory Appeal Valley, and Defendant-Intervenors Counties of Napa and Sonoma ("Counties") submit this stipulation, 4 subject to Court approval, to provide Plaintiff and the Federal Defendants additional time to respond to 5 the Counties' motion for certification of an interlocutory appeal of the Court's denial of their motion to 6 dismiss [Dkt. #153] and to move the currently scheduled case management conference from January 27, 7 2012, to February 3, 2012, the date on which the Counties' motion for certification is to be heard. In 8 support of this Stipulation, the Federal Defendants represent as follows: 9

10 the Counties' motion to dismiss [Dkt. #150], at 12. Counsel for the Federal Defendants has a previously 11 scheduled motions hearing in Western Watersheds Project v. Salazar, No. 2:11-cv-0492 DMG (C.D. 12 Cal.), set for the same day in Los Angeles. Counsel for the Federal Defendants cannot attend both that 13 hearing and the case management conference in this case, if those events are held on the same day. 14

2. The Counties filed their motion for certification on December 15, 2011, noticing it to be 16 heard on February 3, 2012. Under the amended Local Rules, responses are due by December 29, 2011. Appellate Section of the Environment and Natural Resources Division of the Department of Justice, as 19 well as from the Department of the Interior. Due to the holidays, it is unlikely that those concurrences 20 can be obtained in time to meet the December 29 deadline. Glazer Dec. ¶ 3. 21

3. The Federal Defendants and Plaintiffs have sought and obtained an extension of time 22 from the Counties to respond to the motion for certification, which would make their responses due on 23 January 13, 2012. The Counties have sought an extension of time to January 23 to file their reply, to 24 which the Federal Defendants and Plaintiff have agreed. Glazer Dec. ¶ 4. Those extensions should not 25 require moving the February 3 hearing date. 26

27 before the motion for certification is heard, and because counsel for the Federal Defendants has a 28 Mishewal Wappo Tribe of Alexander Valley v. Ken Salazar, No. 5:09-cv-02502-EJD - Stipulation and Proposed Order Rescheduling Case Mg't Conf. and Extending Deadlines for Briefing Mot. for Cert. of Interlocutory Appeal 1

Federal Defendants Kenneth L. Salazar, Secretary of the Interior, and Larry Echo Hawk, Assistant Secretary of the Interior for Indian Affairs, Plaintiff Mishewal Wappo Tribe of the Alexander 3

1. The January 27, 2012, case management conference was set by the Court's order denying Declaration of David B. Glazer ¶ 2. 15

Before filing a response, the counsel for the Federal Defendants must obtain concurrence from the 18

4. Because the January 27 case management conference is currently scheduled to take place previously scheduled motions hearing in Los Angeles that day, it may be most efficient to set the case 2 management conference for February 3, the same day as the motion for certification, or for such other 3 time thereafter as may be convenient for the Court. 4

Accordingly, the parties hereby stipulate, subject to Court approval, that the case management

5 conference currently scheduled for January 27, 2012, may be rescheduled to February 3, 2012; that the 6 date for filing the parties' Joint Case Management Statement be extended to January 27, 2012; that the 7

Federal Defendants and Plaintiff may have until January 13 to respond to the Counties' motion for 8 certification of interlocutory appeal; and that the Counties may have until January 23 to file their reply 9 in support of their motion for certification. 10 11

[PROPOSED] ORDER

Upon consideration of the parties' stipulation to reschedule the case management conference 4 currently set for January 27, 2012, and to extend the deadlines for briefing the motion for certification of 5 interlocutory appeal filed by Intervenor-Defendants Counties of Napa and Sonoma, good cause having 6 been shown, it is hereby ORDERED that 7

1. The stipulation is APPROVED;

2. The case management conference will be held on February 3, 2012, at 10:00 a.m., or on ; 10

3. The parties' Joint Case Management Statement shall be filed on or before January 27, 2012, or ___________________________; and and;

4. Plaintiff and the Federal Defendants may have until January 13, 2012, to respond to the

Counties' motion, and the Counties may have until January 27, 2012, to file their reply. 14 15 16 17

IT IS SO ORDERED.

EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE

3 served upon counsel of record through the Court's electronic service system.

CERTIFICATE OF SERVICE

I, David B. Glazer, hereby certify that, on December 27, 2011, I caused the foregoing to be

I declare under penalty of perjury that the foregoing is true and correct.

Dated: December 27, 2011

/s/David B. Glazer

David B. Glazer

20111228

© 1992-2011 VersusLaw Inc.



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