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United States v. State

United States District Court, W.D. Washington, Seattle

July 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
STATE OF WASHINGTON, Defendant.

          THE TULALIP TRIBES Mason D. Morisset Attorney at Law Morisset, Schlosser, Jozwiak & Somerville A Professional Services Corporation Attorneys for the Tulalip Tribes.

          STILLAGUAMISH TRIBE OF INDIANS Rob Roy Smith Rob Kilpatrick Townsend & Stockton, LLP., Scott MannakeeTribal Attorney Stillaguamish Tribe of Indians.

          SWINOMISH INDIAN TRIBAL COMMUNITY James M. Jannetta Attorney Swinomish Indian Tribal Community.

          SAVITT BRUCE & WILLEY LLP Duffy Graham., David N. Burce.

          UPPER SKAGIT INDIAN TRIBE David H. Hawkins Attorneys for Upper Skagit Indian Tribe

          STIPULATED MOTION AND ORDER (1) STAYING CASE DEADLINES AND (2) SETTING BRIEFING SCHEDULE ON MOTIONS TO DISMISS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         The undersigned parties ("Moving Parties") stipulate as follows and jointly move for the relief set out below.

         1. In this action, the Stillaguamish Tribe seeks to establish marine water usual and accustomed fishing areas, as described in the Request for Determination [Dkt. 21580].

         2. The Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, and the Tulalip Tribes anticipate that they may file dispositive motions regarding the claims asserted in the Request for Determination. Parties filing motions will seek to avoid duplicative briefing. The Moving Parties intend that motions addressing threshold issues (including those related to finality of prior decisions or issues arising under Paragraph 25 of the Permanent Injunction) will be brought at this time (the "Motions"). However, the Moving Parties do not intend to foreclose any party from bringing any summary judgment motion based on facts disclosed in discovery conducted during this subproceeding.

         3. The Moving Parties believe that consideration and resolution of the Motions will be appropriate before the parties and the Court expend their resources on discovery and related matters.

         4. The Moving Parties have conferred with each other, and agree the Court should order the following relief:

a. Motions addressing threshold issues shall be filed on or before October 5, 2018, and shall be noted for consideration for November 30, 2018.
b. Any party to this action desiring to join any of the motions or file a brief containing argument in support of the motions shall do ...

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