United States District Court, D. Nevada
LAW, Robert A. Dotson (SBN 5285), Jill I. Greiner (SBN 4276),
and DAVIS GRAHAM & STUBBS LLP, Adam S. Cohen, Kenzo S.
Kawanabe, Constance L. Rogers, Kyle W. Brenton, Attorneys for
Plaintiffs BP America, Inc., and Atlantic Richfield Company
UNOPPOSED MOTION AND ORDER TO ADJUST MOTION AND
BRIEFING SCHEDULE DUE TO FORTHCOMING AMENDED
R. HICKS UNITED STATES DISTRICT JUDGE.
to Federal Rules of Civil Procedure 6 and Local Rule IA 6-1,
Plaintiffs BP America, Inc. (“BPA”) and Atlantic
Richfield Company (“ARC”), move to adjust the
current motions and briefing schedule (Dkt. 25) under
Fed.R.Civ.P. 12(b) and Local Rule 6-2 due to Plaintiffs'
Amended Complaint, which will be filed on November 16, 2017.
Because of Defendants' motions to dismiss, Plaintiffs are
entitled to file an Amended Complaint as a matter of right
pursuant to Fed.R.Civ.P. 15(a)(1)(B)). As such, Plaintiffs
propose that the current motion and briefing schedule be
to filing this Motion, undersigned counsel conferred with
counsel for Defendants Yerington Paiute Tribe
(“Tribe”), Laurie A. Thom in her official
capacity as Chairman of the Yerington Paiute Tribe
(“Chairman Thom”), Yerington Paiute Tribal Court
(“Tribal Court”), and Sandra-Mae Pickens
(“Judge Pickens”). Counsel for Judge Pickens does
not oppose this Motion, and counsel for the Tribal Court
stated that he concurs with Judge Pickens' counsel.
Similarly, counsel for the Tribe and Chairman Thom does not
oppose this Motion. While Defendants do not oppose this
Motion, they expressly reserve and do not waive all
arguments, including those relating to jurisdiction and
sovereign immunity. Additionally, in agreeing to not oppose
this motion, the Tribe and Chairman Thom requested that the
following statement be inserted: “The Tribe and
Chairman Thom do not believe that any amended complaint can
cure Plaintiffs' jurisdictional infirmities, but
recognize that an amended complaint takes the place of
Plaintiffs' current complaint, and therefore in the
interest of judicial economy, they are unopposed to
Plaintiffs' proposal to adjust the current motion and
briefing schedule. However, the Tribe and Chairman Thom
expressly reserve and do not waive their sovereign immunity
or their arguments as to jurisdiction.” This is the
first request to coordinate and adjust filing deadlines
because of the Amended Complaint.
August 18, 2017, the Tribe filed a related action in the
Yerington Paiute Tribal Court, captioned Yerington Paiute
Tribe v. BP America Inc. & Atlantic Richfield Co.,
Case No. CV1017, against BPA and ARC (the “Tribal Court
September 22, 2017, BPA and ARC mailed and served a Motion to
Dismiss for Lack of Jurisdiction or, in the alternative, a
Motion to Stay Pending Resolution of the Federal Court Action
(“Motion to Dismiss”) in the Tribal Court Action.
That Motion was file-stamped on September 28, 2017.
Tribe filed an unopposed motion to set deadlines for briefing
on BPA and ARC's Motion to Dismiss, which extended
certain deadlines to allow time for this court to rule on the
pending issues. BPA and ARC did not waive and expressly
reserved all defenses including its challenge to the Tribal
Court's jurisdiction. On November 2, 2017, the Tribal
Court entered an Amended Scheduling Order, setting the
deadlines for briefing on BPA and ARC's Motion to
Dismiss. Currently, the Tribe's Response to the Motion to
Dismiss is due on December 1, 2017, BPA / ARC's Reply is
due on January 15, 2018, and a hearing is scheduled for
January 30, 2018. The parties agreed to discuss a further
extension of the hearing date should circumstances warrant.
September 22, 2017, BPA and ARC filed their Complaint for
Declaratory and Injunctive Relief in this court, naming the
Tribe, Chairman Thom, the Tribal Court, and Judge Pickens as
defendants. BPA and ARC simultaneously filed a Motion for
Preliminary Injunction and a Request for Expedited
Consideration (“Preliminary Injunction Motion”).
and ARC effected service of the Summons, Complaint, and
Preliminary Injunction Motion on all four defendants on
October 5, 2017. See Proofs of Service (ECF No.
Pursuant to this court's scheduling order (ECF No. 25),
Defendants in this action filed Motions to Dismiss on October
26, 2017, and their responses to BPA's and ARC's
Motion for Preliminary Injunction on October 27, 2017.
Pursuant to Fed. R. Civ. 15(a)(1)(B), BPA and ARC will file
an Amended Complaint by the current deadline of November 16,
2017. BPA and ARC will supplement its allegations and add
additional parties including members of the Tribal Council
who are not currently parties.
Council for the Tribe has agreed that it will coordinate with
undersigned counsel for the new Tribal Council member