The Mishewal Wappo Tribe of Alexander Valley v. Salazar, No. 5:2009cv02502 - Document 155 (N.D. Cal. 2011)

Court Description: STIPULATION AND ORDER Granting Extension of Deadlines for Briefing Motion for Certification of Interlocutory Appeal and Continuance of Case Management Conference re 154 Stipulation. Set/Reset Deadlines 153 MOTION for Leave to Appeal From Order Denying Intervenors' Motion to Dismiss, Pursuant to 28 U.S.C. Sec. 1292(b). Plaintiff and Federal Defendants' Responses due by 1/13/2012. Counties' Replies due by 1/27/2012. Joint Case Management Statement due by 1/27/2012. Case Management Conference set for 2/3/2012 10:00 AM. Signed by Judge Edward J. Davila on 12/28/2011. (ecg, COURT STAFF) (Filed on 12/28/2011)

Download PDF
The Mishewal Wappo Tribe of Alexander Valley v. Salazar 1 2 Doc. 155 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice 3 4 5 6 7 DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744–6491 FAX: (415) 744-6476 e-mail: david.glazer@usdoj.gov 8 Attorneys for Federal Defendant 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 MISHEWAL WAPPO TRIBE OF ALEXANDER VALLEY, No. 5:09-cv-02502-EJD 15 Plaintiff, 16 v. 17 18 19 KEN SALAZAR, et al., Defendants. STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND EXTENDING DEADLINES FOR BRIEFING MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL Date: N/A 20 Time: N/A 21 Courtroom No. 1 22 Hon. Edward J. Davila 23 24 25 26 27 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 Dockets.Justia.com 1 Federal Defendants Kenneth L. Salazar, Secretary of the Interior, and Larry Echo Hawk, 2 Assistant Secretary of the Interior for Indian Affairs, Plaintiff Mishewal Wappo Tribe of the Alexander 3 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 1. The January 27, 2012, case management conference was set by the Court’s order denying 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 Declaration of David B. Glazer ¶ 2. 15 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. 17 Before filing a response, the counsel for the Federal Defendants must obtain concurrence from the 18 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 4. Because the January 27 case management conference is currently scheduled to take place 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 1 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 SO STIPULATED: 12 13 FOR THE FEDERAL DEFENDANTS DATED: December 27, 2011 14 15 /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California Tel: (415) 744-6491 Fax: (415) 744-6476 E-mail: david.glazer@usdoj.gov 16 17 18 19 20 21 22 23 24 25 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division FOR THE PLAINTIFF DATED: December 27, 2011 /s/Joseph L. Kitto JOSEPH L. KITTO P.O. Box 819 Lower Lake, CA 95457 Tel: (707) 533-3502 Email: kitto@sovsys.net 26 27 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 2 1 FOR INTERVENTOR-DEFENDANTS– COUNTY OF NAPA AND COUNTY OF SONOMA 2 3 DATED: December 27, 2011 4 5 /s/Michael S. Cohen MICHAEL S. COHEN DAVID H. TENNANT NIXON PEABODY LLP 50 Jericho Quadrangle, Suite 300 Jericho, New York 11753 Tel: (516) 832-7544 Fax: (516) 832-7555 E-mail: mcohen@nixonpeabody.com 6 7 8 9 10 11 12 ATTESTATION OF COUNSEL Pursuant to subsection X.B of General Order No. 45, I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. 13 14 15 Dated: December 27, 2011 /s/David B. Glazer David B. Glazer 16 17 18 19 20 21 22 23 24 25 26 27 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 3 1 [PROPOSED] ORDER 2 3 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; 8 2. The case management conference will be held on February 3, 2012, at 10:00 a.m., or on 9 10 11 12 13 ________________________________; 3. The parties’ Joint Case Management Statement shall be filed on or before January 27, and; 2012, or ___________________________; 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. 18 19 December 28, 2011 Dated: ______________ 20 21 22 ________________________ EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE 23 24 25 26 27 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 4 1 CERTIFICATE OF SERVICE 2 I, David B. Glazer, hereby certify that, on December 27, 2011, I caused the foregoing to be 3 served upon counsel of record through the Court’s electronic service system. 4 5 I declare under penalty of perjury that the foregoing is true and correct. 6 7 8 9 Dated: December 27, 2011 /s/David B. Glazer David B. Glazer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 5

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.