STIPULATION TO FILE AMENDED, CONSOLIDATED COMPLAINT AND TO WITHDRAW MOTIONS TO 

DISMISS; [PROPOSED] ORDER – Case Nos. CIV-02-0956-JAM-JFM and CIV-02-0969-JAM-JFM 

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Deborah A. Sivas (Cal. Bar No. 135446) 

Alicia E Thesing (Cal. Bar No. 211751) 

Leah J. Russin (Cal. Bar No. 225336) 

ENVIRONMENTAL LAW CLINIC 

Mills Legal Clinic at Stanford Law School 

Crown Quadrangle 

559 Nathan Abbott Way 

Stanford, California 94305 

Telephone: (650) 723-0325 

Facsimile: (650) 723-4426 

dsivas@stanford.edu

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

PIT RIVER TRIBE, et al., 

Plaintiffs, 

v. 

BUREAU OF LAND MANAGEMENT, et al., 

Defendants. 

 

SAVE MEDICINE LAKE COALITION, et al., 

 Plaintiffs, 

v. 

BUREAU OF LAND MANAGEMENT, et al., 

 Defendants. 

Case No. CIV-S-04-0956-JAM-JFM

STIPULATION AND ORDER TO 

CONSOLIDATE CASES, FILE 

AMENDED, CONSOLIDATED 

COMPLAINT, AND WITHDRAW 

PENDING MOTIONS 

Case No. CIV-S-04-0969-JAM-JFM 

STIPULATION AND ORDER TO 

CONSOLIDATE CASES, FILE 

AMENDED, CONSOLIDATED 

COMPLAINT, AND WITHDRAW 

PENDING MOTIONS 

Case 2:04-cv-00969-JAM-JFM Document 48 Filed 03/08/13 Page 1 of 4
STIPULATION TO FILE AMENDED, CONSOLIDATED COMPLAINT AND TO WITHDRAW MOTIONS TO 

DISMISS; [PROPOSED] ORDER – Case Nos. CIV-02-0956-JAM-JFM and CIV-02-0969-JAM-JFM 1 

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Plaintiffs and Defendants in Pit River Tribe, et al. v. Bureau of Land Management, et al., 

Case No. CIV-S-04-0956 DFL JFM and Save Medicine Lake Coalition, et al. v. Bureau of Land 

Management, et al., Case No. CIV-S 04-0969, by and through their attorneys, stipulate as follows 

and jointly request that the Court issue the proposed order set forth below. 

WHEREAS, both of the above-referenced actions concern the validity of the lease 

extensions approved by the Bureau of Land Management on May 18, 1998 for leases in the Glass 

Mountain Known Geothermal Resource Area; 

WHEREAS on July 27, 2004, this Court previously found these two cases to be related; 

WHEREAS on September 25, 2008, counsel for Plaintiffs in Pit River Tribe substituted in 

as counsel for Plaintiffs in Save Medicine Lake Coalition and now represent plaintiffs in both 

cases; 

WHEREAS the voluntary withdrawal of certain project approvals by Defendants have 

rendered moot some of the claims in Pit River Tribe and Save Medicine Lake Coalition which are 

the subject of Defendants’ motions for partial dismissal and partial summary judgment, currently 

set for hearing on March 20, 2013; 

WHEREAS Plaintiffs in both cases desire to consolidate the two cases and file an amended 

complaint in order to promote judicial efficiency; 

WHEREAS Plaintiffs have therefore prepared the proposed, consolidated First Amended 

Complaint attached hereto; 

WHEREAS Defendants disagree that Plaintiffs’ filing the proposed First Amended 

Complaint will resolve all issues raised by Defendants’ pending motions, but agree that filing the 

proposed First Amended Complaint will narrow the case for future disposition; 

NOW THEREFORE, the parties hereby stipulate as follows: 

1. The claims in Pit River Tribe and Save Medicine Lake Coalition shall be 

consolidated for all purposes, and the proposed First Amended Complaint attached 

hereto shall be deemed filed upon entry of the order set forth below. 

Case 2:04-cv-00969-JAM-JFM Document 48 Filed 03/08/13 Page 2 of 4
STIPULATION TO FILE AMENDED, CONSOLIDATED COMPLAINT AND TO WITHDRAW MOTIONS TO 

DISMISS; [PROPOSED] ORDER – Case Nos. CIV-02-0956-JAM-JFM and CIV-02-0969-JAM-JFM 2 

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2. The proposed First Amended Complaint includes factual allegations concerning the 

history of geothermal leasing and proposed development in the Medicine Lake 

Highlands, but Plaintiffs agree that it only assert causes of action related to the May 

18, 1998 lease extensions and to Federal Defendants’ alleged failure to provide 

public records in response to Plaintiffs’ Freedom of Information Act request. 

3. Subject to approval of the stipulations contained herein, Defendants hereby 

withdraw their pending motions for partial dismissal and partial summary judgment 

and give notice of their intent to file a new motion arguing that certain claims set 

forth in the amended complaint are not cognizable, prior to briefing of the merits. 

Dated: March 6, 2013 Respectfully submitted, 

 

ENVIRONMENTAL LAW CLINIC 

 Mills Legal Clinic at Stanford Law School 

 By: Deborah A. Sivas_____________

 Deborah A. Sivas 

 Attorneys for Plaintiffs PIT RIVER TRIBE, et al. 

 BENJAMIN WAGNER 

 United States Attorney 

 By: David T. Shelledy 

 David T. Shelledy 

 Assistant U.S. Attorney 

 Attorneys for Federal Defendants BUREAU OF LAND 

 MANAGEMENT, et al. 

 HOLLAND & HART LLP 

 By: Craig D. Galli 

 Craig D. Galli 

 Attorneys for Defendant CALPINE CORPORATION 

 

Case 2:04-cv-00969-JAM-JFM Document 48 Filed 03/08/13 Page 3 of 4
STIPULATION TO FILE AMENDED, CONSOLIDATED COMPLAINT AND TO WITHDRAW MOTIONS TO 

DISMISS; [PROPOSED] ORDER – Case Nos. CIV-02-0956-JAM-JFM and CIV-02-0969-JAM-JFM 3 

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Pursuant to stipulation, IT IS SO ORDERED. 

Dated: 3/7/2013 /s/ John A. Mendez____________

 United States District Court Judge 

Case 2:04-cv-00969-JAM-JFM Document 48 Filed 03/08/13 Page 4 of 4