(PS) Grill v. United States

ADAM R.F. GUSTAFSON Acting Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division SEAN C. DUFFY (NY Bar. No. 4103131) Trial Attorney Natural Resources Section M Street NE Washington, DC 20002 Ph: (202) 305-0445 [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA JAMES S. GRILL, No. 2:20-cv-641-TLN-JDP 13 Plaintiff, STIPULATION TO STAY v. PROCEEDINGS UNITED STATES OF AMERICA, Defendant.

18 The parties respectfully move to stay proceedings in this case for a period of 30 days.

19 This request is made for good cause as follows: 20 1. Plaintiff, proceeding pro se, filed a Complaint to Quiet Title to an Easement to 21 Real Property on April 1, 2020. ECF No. 1. Defendant moved to dismiss the 22 Complaint pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter 23 jurisdiction and under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon 24 which relief can be granted. See Defs.’ Mem. in Supp. of Mot. to Dismiss the 25 Complaint. ECF No. 10.

26 2. Adopting the findings and recommendations of the magistrate judge (ECF No. 27 25), this Court dismissed the complaint on November 30, 2021. ECF No. 32.

1 3. The Court of Appeals reversed and remanded this Court’s decision granting 2 Defendant’s motion to dismiss based on the United States Supreme Court’s 3 subsequent decision in Wilkins v. United States, 598 U.S. 152, 165 (2023). ECF 4 No. 37. The mandate issued on February 14, 2025. ECF No. 38.

5 4. This Court has ordered Defendant to file a response to Plaintiff’s complaint by 6 May 30, 2025. See ECF No. 40.

7 5. The parties have conferred and agree that it could be advantageous to explore 8 whether it is possible to resolve this case outside of court. The parties have thus 9 decided to initiate discussions during the week May 27 – May 30, and could 10 potentially continue those discussions.

11 6. To allow them to focus their efforts on potential resolution of the claims, the 12 parties stipulate and agree that a stay of proceedings for a period of 30 days would 13 be appropriate to allow them to explore potential resolution of the claims.

14 7. If the claims are not otherwise resolved within 30 days of the Court’s order 15 adopting this stipulation, the parties shall submit a joint status report with a 16 proposed deadline for Defendant to file a response to Plaintiff’s complaint.

17 For all the foregoing reasons, the parties respectfully request that the Court enter a stay for a period of 30 days to allow them to discussion potential resolution of the claims in this case.

Dated: May 27, 2025 ADAM R.F. GUSTAFSON Acting Assistant Attorney General 21 U.S. Department of Justice Environment & Natural Resources Division James S. Grill (by SCD w/ permission) /s/ Sean C. Duffy James S. Grill SEAN C. DUFFY P.O. Box 129 Trial Attorney (NY Bar No. 4103131) Washington, CA 95986 Natural Resources Section 25 150 M Street NE pro se Plaintiff Washington, DC 20002 26 (202) 305-0445 [email protected] Attorneys for Defendant 1 Pursuant to the above stipulation and for good cause, the Court hereby stays this case for || 30 days. If the claims are not otherwise resolved within 30 of the Court’s order adopting this || stipulation, the parties shall submit a joint status report with a proposed deadline for Defendant || to file a response to Plaintiff's complaint.

6 || IT IS SO ORDERED.

7 ( — g Dated: _ May 28, 2025 a——— aw D. PE i ERSON 9 UNITED STATES MAGISTRATE JUDGE Certificate of Service I hereby certify that on May 27, 2025, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, forwarded the foregoing via email to Plaintiff, and mailed the foregoing via U.S. Mail to Plaintiff at the following mailing address: James S. Grill P.O. Box 129 6 Washington, CA 95986 7 /s/ Sean C. Duffy SEAN C. DUFFY 9 Attorney for Defendant