`
`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.
`___________________________________/
`
`Pending before this Court are Proposed Intervenors Coalitition to Protect Michigan Resources f/k/a
`
`Michigan Fisheries Resource Conservation Coalition, Stuart Cheney, Robert Andrus and the Walloon Lake
`
`Trust and Conservancy’s Third Motion to Intervene. The Motion is unusual because it is filed during the
`
`course of negotiations which, according to the parties, are likely to result in a binding Consent Decree. It is
`
`also unusual because the Motion was filed during the pendency of the Proposed Intervenors’ appeal (Sixth
`
`Circuit no. 05-2685) of the Court’s Order of November 3, 2005 denying Proposed Intervenors’ Renewed
`
`Motion to Intervene. Finally, it is an unusual Motion because one of its sponsors, attorney Stephen Schultz,
`
`admitted during the status conference of February 21, 2007 that the Motion was filed in the context of
`
`negotiations and he did not desire a ruling at the time of the status conference. Defendant State of Michigan
`
`
`
`Case 2:73-cv-00026-PLM Doc #1772 Filed 05/14/07 Page 2 of 2 Page ID#1440
`
`has taken no position regarding the Motion. Plaintiff United States of America and the Plaintiff-Intervenors
`
`Bay Mills Indian Community et al. have actively opposed the Motion.
`
`Upon review of this matter, the Court concludes that it lacks jurisdiction to entertain the present
`
`Motion due to the pending appeal. See Ft. Gratiot Sanitary Landfill, Inc. v. Michigan Dep’t of Nat’l Res.,
`
`71 F.3d 1197, 1203 (6th Cir. 1995); Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982);
`
`Newton v. Consol. Gas Co., 258 U.S. 165, 177 (1922).
`
`THEREFORE, IT IS HEREBY ORDERED that Proposed Intervenors Coalition to Protect
`
`Michigan Resources f/k/a Michigan Fisheries Resource Conservation Coalition, Stuart Cheney, Robert
`
`Andrus and the Walloon Lake Trust and Conservancy’s Third Motion to Intervene (Dkt. No. 1748) is
`
`DENIED due to lack of jurisdiction.
`
`DATED in Kalamazoo, MI:
`May 14, 2007
`
` /s/ Richard Alan Enslen
`RICHARD ALAN ENSLEN
`SENIOR UNITED STATES DISTRICT JUDGE
`
`2
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