1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 PYRAMID LAKE PAIUTE TRIBE, Case No. 3:23-cv-00348-ART-CSD 19 Plaintiff, ORDER GRANTING 20 v. JOINT STIPULATED MOTION TO 21 CONTINUE STAY OF CASE DOUG BURGUM,1 in his official 22 capacity as Secretary of the United States [Fourth Request] Department of the Interior, and the 23 UNITED STATES DEPARTMENT OF THE INTERIOR, 24 Defendants. 25 26 27 1 Doug Burgum was sworn in as Secretary of the United States Department of the Interior on February 3, 2025 and, 28 in his official capacity, is the successor to Deb Haaland, in her official capacity as Secretary of the United States 1 Pursuant to the Court’s March September 9, 2024 order staying this case for an additional 2 six months, ECF No.18, Defendants Doug Burgum, in his official capacity as Secretary of the 3 United States Department of the Interior and the United States Department of the Interior 4 (collectively “Defendants”) and Plaintiff Pyramid Lake Paiute Tribe (“Plaintiff” or “Tribe”) 5 hereby submit a joint status report and stipulate and jointly move the Court to continue the stay 6 of this case and all case deadlines for an additional approximately two months, to and including 7 May 12, 2025. As grounds for this motion, the parties state as follows: 8 1. Plaintiff asserts Administrative Procedure Act, breach of trust, and mandamus 9 claims against Defendants for their alleged failure to manage certain water rights no longer used 10 for irrigation of lands at the Naval Air Station in Fallon, Nevada (“Navy Water”) primarily for 11 the purposes of conservation and recovery of endangered cui-ui and threatened Lahontan 12 cutthroat trout in Pyramid Lake within the Tribe's reservation, as purportedly required by the 13 1990 Truckee-Carson-Pyramid Lake Water Settlement Act, Title II of Pub. Law 101-618 (1990). 14 2. Defendants and Plaintiff previously filed three joint stipulated motions for six- 15 month stays of the litigation to facilitate government-to-government consultation between 16 Defendants and the Tribe concerning the Navy Water and related matters at issue for the purpose 17 of attempting to resolve the litigation through this consultation and other discussions. ECF Nos. 18 13, 15, 17. The Court granted the first motion by order dated September 13, 2023, ECF No. 14, 19 which stayed this case until March 13, 2024. The Court granted the second motion by order 20 dated March 7, 2024, ECF No. 16, which stayed this case until September 9, 2024. And the 21 Court granted the third motion by order dated September 9, 2024, ECF No. 18, which stayed this 22 case until March 9, 2025. 23 3. Since the granting of the initial stay and through the period of the third stay, 24 representatives for the parties, through lead counsel, representatives of the Department of the 25 Interior, and principals/managers for the Tribe, as well as separately through 26 technical/hydrologic representatives, met many times to engage in government-to-government 27 consultation and associated negotiations on the issues raised by this case and discuss a 28 framework for potentially resolving this case, including meetings on March 14, 2024, April 2, 1 2024, April 26, 2024, and July 23, 2024, September 18, 2024, October 9, 2024, November 11, 2 2024, and March 4, 2025. 3 4. Based on the continuing progress made in their settlement discussions in 4 connection with these meetings, the parties desire to continue these discussions and to extend the 5 stay for an additional two months to facilitate these discussions.

6 5. “The District Court has broad discretion to stay proceedings as an incident to its 7 power to control its own docket.” Flores v. Merck & Co., No. 321CV00166ARTCLB,

4281427, at *1 (D. Nev. June 13, 2022) (quoting Clinton v. Jones,

, 706–07 (1997)). 9 6. It would be in the interests of judicial economy to continue the stay of this case to 10 allow the parties to continue their efforts to resolve this litigation without judicial involvement. 11 The parties anticipate at this time that two months should be sufficient for the principal 12 negotiators to attempt to reach a recommended resolution in principal and to reduce that 13 agreement to writing. If they do so, they can then begin the process of securing the formal 14 approvals of the Pyramid Lake Paiute Tribal Council and the necessary management within the 15 U.S. Department of the Interior and the U.S. Department of Justice, which they anticipate will 16 take additional time beyond the requested two month extension. 17 7. If the Court grants the requested continuation of the stay, the parties will file a 18 joint status report advising the Court of the status of their negotiations and future proceedings, on 19 May 12, 2025, approximately two months from the date of the order granting the stay. 20 / / / 21 22 / / / 23 24 / / / 25 26 / / / 27 28 / / / 1 WHEREFORE, the parties jointly stipulate and move the Court to continue the stay of thi 2 || case for a period of approximately two months to and including May 12, 2025, at the conclusio 3 which the parties shall file a joint status report advising the Court of the status of thei 4 || negotiations and future proceedings. 5 Dated: March 7, 2025. 6 ADAM R.F. GUSTAFSON KEMP JONES, LLP 7 || Acting Assistant Attorney General U.S. Department of Justice 8 || Environment & Natural Resources Division 9 || /s/ Thomas K. Snodgrass /s/ Christopher W. Mixson (with permission) 10 THOMAS K. SNODGRASS, Senior Attorney Don Springmeyer, Esq. (Nev. Bar #1021) DEVON LEHMAN MCCUNE, Senior Christopher W. Mixson, Esq. (Nev. Bar. 1] || Attorney #10685) Natural Resources Section 3800 Howard Hughes Parkway, 17th Floor 12 || 999 18th Street, South Terrace, Suite 370 Las Vegas, Nevada 89169 Denver, CO 80202 13 Telephone: 303-844-7233 (Snodgrass); Attorneys for Plaintiff Pyramid Lake Paiute 14 303-844-1487 (McCune) Tribe Email:thomas.snodgrass@usdo}].gov; 15 || devon.mccune@usdo].gov 16 |} AMANDA K. RUDAT, Trial Attorney Natural Resources Section 17 || United States Department of Justice 18 P.O. Box 7611 Washington, D.C. 20044 19 || Tel: 202-532-3201 Fax: 202-305-0275 20 || [email protected] 21 Attorneys for Defendants 22 23 ITIS SO "Na 72 24 Ares / 25 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE

27 DATED: March 11, 2025 28 Joint Stip. Motion to Continue Stay (Case No. 3:23-cv-00348-ART-CSD) Page -4-