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United States v. Orr Water Ditch Co.

United States District Court, D. Nevada

February 27, 2017

UNITED STATES OF AMERICA, Plaintiffs,
v.
ORR WATER DITCH CO., et al., Defendants.

          SCHROEDER LAW OFFICES, P.C. Laura A. Schroeder, Esq. Therese A. Ure, Esq. Attorneys for Respondent Borges.

          WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP Don Springmeyer, Esq. Christopher W. Mixson, Esq. Attorneys for Pyramid Lake Paiute Tribe.

          STIPULATION AND ORDER FOR PARTIAL FINAL JUDGMENT

         Leslie G. Borges ("Respondent Borges") and the Pyramid Lake Paiute Tribe ("Tribe") (collectively, the "Parties"), through their respective counsel, stipulate to the following Order for a Partial Final Judgment dismissing Respondent Borges from the above-titled action as related to certain water rights referenced herein. The Parties respectfully request that said order be issued pursuant to Fed.R.Civ.P. 54(b).

         Pursuant to the Court's Order dated March 28, 2008 (ECF No. 881), the Orr Ditch Petition was dismissed, without prejudice, as to each un-served respondent, i.e., those respondents who did not acknowledge mail service. Respondent Borges did not acknowledge service, and therefore was generally dismissed under the Court's Order of dismissal (ECF No. 881). Because Respondent Borges remains a party to the above-titled action since no final judgment has been entered, the parties agree that it is appropriate for the Court to issue an order dismissing Respondent Borges as related to certain water rights more fully identified below:

PLPT Ref. No.

Township

Range

Section

QQ Section

Acres

TCID No.

Name

2945

20

26

33

5

2.8

836

Borges, Leslie G et. al

2946

20

26

33

7

7.2

836

Borges, Leslie G et. al

2947

20

26

33

6

3.3

836

Borges, Leslie G et. al

2948

20

26

33

1

5.2

836

Borges, Leslie G et. al

2949

20

26

33

2

6.1

836

Borges, Leslie G et. al

2950

20

26

33

4

4.9

836

Borges, Leslie G et. al

2951

20

26

33

8

0.2

836

Borges, Leslie G et. al

2952

20

26

34

4

0.1

836

Borges, Leslie G et. al

2953

20

26

33

3

6.7

836

Borges, Leslie G et. al

         Based on the foregoing, the parties hereby stipulate and request the Court issue this Order for Partial Final Judgment dismissing Respondent Borges from the above-titled action. All parties to bear their own fees and costs.

         The stipulation of the ...


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