`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF MICHIGAN
`NORTHERN DIVISION
`_____________________
`
`Case No. 2:73-CV-26
`
`Hon. Richard Alan Enslen
`
`UNITED STATES OF AMERICA,
`
` Plaintiff,
`
`and
`
`BAY MILLS INDIAN COMMUNITY,
`SAULT STE. MARIE TRIBE
`OF CHIPPEWA INDIANS,
`GRAND TRAVERSE BAND OF
`OTTAWA AND CHIPPEWA
`INDIANS, LITTLE RIVER BAND
`OF OTTAWA INDIANS, and
`LITTLE TRAVERSE BAY BAND
`OF ODAWA INDIANS,
`
` Plaintiff-Intervenors/Counter-Defendants,
`
`v.
`
`STATE OF MICHIGAN, et al.,
`
`ORDER
`
` Defendants/Counter-Claimants.
`___________________________________/
`
`This matter is before the Court on multiple motions of Proposed Intervenors Michigan
`
`Fisheries Resource Conversation Coalition, Stuart Cheney, Robert Andrus and the Walloon Lake Trust
`
`Conservancy (“Proposed Intervenors”). These persons have previously been granted amicus curiae
`
`status, but have been denied intervention. Proposed Intervenors have moved: (1) to clarify or
`
`reconsider the Court’s November 3, 2005 Order denying Proposed Intervenors’ Renewed Motion to
`
`Intervene; (2) to immediately review the Motion to Clarify; (3) to stay further proceedings pending
`
`appeal of the November 3, 2005 Order; and (4) for immediate consideration of the Motion to Stay.
`
`
`
`Case 2:73-cv-00026-PLM Doc #1704 Filed 12/29/05 Page 2 of 2 Page ID#1110
`
`Upon review of the Motions and Responses, the Court determines that relief is unwarranted
`
`except to the extent that the Court has promptly resolved the Motion to Clarify. The November 3,
`
`2005 Order was clear on its face. Clarification or reconsideration of that Order is unjustified,
`
`particularly given the multiple past rulings on the issue of intervention. As for the Motion to Stay and
`
`Motion for Immediate Consideration of the Motion to Stay, they have been rendered effectively moot
`
`by the Magistrate Judge’s Order which adjourned trial for a separate purpose–to facilitate settlement
`
`discussions.
`
`THEREFORE, IT IS HEREBY ORDERED that Proposed Intervenors’ Motion to Clarify
`
`(Dkt. No. 1683) is DENIED.
`
`IT IS FURTHER ORDERED that Proposed Intervenor’s Motion for Immediate
`
`Consideration of Motion to Clarify (Dkt. No. 1684) is GRANTED only to the extent that the Court
`
`has made prompt ruling on the Motion to Clarify.
`
`IT IS FURTHER ORDERED that Proposed Intervor’s Motion to Stay and Motion for
`
`Immediate Consideration of Motion to Stay (Dkt. Nos. 1685 & 1686) are DENIED as moot.
`
`DATED in Kalamazoo, MI:
`December 29, 2005
`
` /s/ Richard Alan Enslen
`RICHARD ALAN ENSLEN
`SENIOR UNITED STATES DISTRICT JUDGE
`
`2
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