Kansas, State of et al v. United States Department of Interior et al
| Sumner County, Kansas Board of Commissioners, The, Sac and Fox Nation of Missouri in Kansas and Nebraska, Iowa Tribe of Kansas and Nebraska, Mulvane, Kansas, City of and Kansas, State of |
| United States Department of Interior and United States Department of Interior, Bureau of Indian Affairs |
| 2:2020cv02386 |
| August 10, 2020 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Holly L Teeter |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 50 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Stephen Phillips as to Kansas, State of (Phillips, Stephen) |
| Filing 49 ENTRY OF APPEARANCE by Hillary Hoffman on behalf of United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs. (Hoffman, Hillary) |
| Filing 48 LETTER TO 10CCA stating record is complete re #44 Notice of Appeal (Appeal No. 21-3097). (ca) |
| Filing 47 APPEAL DOCKETED in 10CCA on 6/3/2021 and assigned Appeal No. 21-3097 re #44 Notice of Appeal. (ca) |
| Filing 46 TRANSCRIPT ORDER FORM: No Transcript Required filed by Kansas, State of re #44 Notice of Appeal - Final Judgment (Gunnison, Mark) |
| Filing 45 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #44 Notice of Appeal. (Attachments: #1 Preliminary Packet)(ca) |
| Filing 44 NOTICE OF APPEAL by Plaintiff Kansas, State of. Filing fee $ 505, Internet Payment Receipt Number CKSDC-5503276. (Gunnison, Mark) Modified to link entry on 6/3/2021 (ca). |
| Filing 43 JUDGMENT. Signed by deputy clerk on 5/5/2021. (ca) |
Filing 42
MEMORANDUM AND ORDER - THE COURT THEREFORE ORDERS that Secretary's May 2020 Decision is AFFIRMED. THE COURT FURTHER ORDERS that Defendant's motion to strike (Doc. 35) is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent it seeks to strike the Gottlieb Affidavit. The Gottlieb Affidavit (Doc. 34-14) is STRICKEN. All other requests in the motion to strike are denied. Signed by District Judge Holly L. Teeter on 5/5/2021. (ca)
|
| Filing 41 Plaintiffs' REPLY to #40 Response, #34 Notice of Plaintiffs' Opening Brief in Support of Reversal of Agency Action of May 20, 2020 Reply Brief in Support of Reversal of Agency Action of May 20, 2020 by Plaintiff Kansas, State of. (Gunnison, Mark) Modified (mls). |
| Filing 40 RESPONSE to #34 RESPONSE BRIEF IN SUPPORT OF THE DEPARTMENT OF THE INTERIORS MAY 20, 2020 DECISION by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs. (Eastman, Tyler) Modified (mls). |
|
Filing 39
ORDER granting #38 Motion for Extension of Time to File Response Brief. Defendants' response to Plaintiffs' Opening Brief #34 is due on or before March 15, 2021. Signed by District Judge Holly L. Teeter on 2/26/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
|
| Filing 38 Unopposed MOTION for Extension of Time to File Response Brief as to #34 Opening Brief by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs. (Kintz, JoAnn) Modified (mls) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #38 Unopposed MOTION for Extension of Time to File Response Brief as to #34 Opening Brief. The motion will be resolved by the District Judge.(md) |
|
Filing 37
ORDER regarding #35 Motion to Strike. The Court has reviewed Defendants' motion to strike extra-record materials, which also requested expedited briefing and a stay of the response deadline for Defendants' response to Plaintiffs' opening brief. The Court is disinclined to resolve the motion to strike at this stage, expedite its briefing, or stay the response deadline for Defendants' brief. The Court will instead take up the motion to strike at the same time it resolves Plaintiff's opening brief, and will resolve the case on the record that is properly before the Court. To the extent Defendants believe that a responsive affidavit is needed to address the Gottlieb Affidavit and the related portions of Plaintiffs' opening brief, see Doc. 35 at 5 n.3, Defendants may include any proposed affidavit with their response brief and the Court will consider it to the extent appropriate in light of the motion to strike. But the parties are cautioned that additional supplements to the record beyond the responsive affidavit will not be permitted, absent appropriate motion and leave of court. Defendants' response to Plaintiffs' opening brief remains due on March 8. To the extent Defendants require an extension of that deadline, an appropriate motion may be made. Signed by District Judge Holly L. Teeter on 2/24/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
|
| Filing 36 RESPONSE by Plaintiff State of Kansas to #35 Defendants' Motion for Expedited Briefing on Motion to Strike Extra-Record Material and Portions of Brief that Rely Upon Extra-Record Material and Motion to Stay Defendants' Response Brief Pending Resolution of the Motion to Strike. (Gunnison, Mark) Modified (mls) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #35 MOTION to Strike Extra-Record Material and Portions of Plaintiffs' Opening Brief that Rely Upon Extra-Record Material MOTION to Expedite Briefing on Motion to Strike MOTION to Stay Deadlines For Defendants' Response to Plaintiffs' Opening Brief Pending Resolution of the Motion to Strike. The motion will be resolved by the District Judge.(kf) |
| Filing 35 MOTION to Strike Extra-Record Material and Portions of Plaintiffs' Opening Brief that Rely Upon Extra-Record Material, MOTION to Expedite Briefing on Motion to Strike ( Response deadline 3/5/2021), MOTION to Stay Deadlines For Defendants' Response to Plaintiffs' Opening Brief Pending Resolution of the Motion to Strike ( Response deadline 3/5/2021) by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs. (Eastman, Tyler) |
| Filing 34 NOTICE of Plaintiffs' Opening Brief in Support of Reversal of Agency Action of May 20, 2020 by Kansas, State of (Attachments: #1 Affidavit Declaration, #2 Exhibit List Index, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 ***STRICKEN PER 42 MEMORANDUM AND ORDER*** Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Exhibit Exhibit P, #19 Exhibit Exhibit Q, #20 Exhibit Exhibit R, #21 Exhibit Exhibit S, #22 Exhibit Exhibit T, #23 Exhibit Exhibit U)(Gunnison, Mark) Modified on 5/5/2021 (ca). |
| Filing 33 SUPPLEMENT to the Administrative Record by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs. (Attachments: #1 Exhibit 1: 2020 Admin Record Index, #2 Exhibit 2: 2020 Admin Record Supplement Index, #3 Supplemental AR Document: 2020AR_0008447, #4 Supplemental AR Document: 2020AR_0008451, #5 Supplemental AR Document: 2020AR_0008488, #6 Supplemental AR Document: 2020AR_0008528, #7 Supplemental AR Document: 2020AR_0008681, #8 Supplemental AR Document: 2020AR_0008682)(Eastman, Tyler) |
| Filing 32 NOTICE of Lodging Additional Record to be Considered Along With the Administrative Record, as Supplemented by Kansas, State of (Attachments: #1 Exhibit)(Gunnison, Mark) |
|
Filing 31
ORDER granting Unopposed Motion for Leave to file Supplement to the Administrative Record #29 and Unopposed Motion to Include May 16, 2019 Letter for Court's Consideration Along with Administrative Record #30 . The parties are granted leave to supplement the administrative record as requested. Each party shall file their supplements by January 22, 2021. The parties are further instructed to refer to the supplemented record using a citation system consistent with the previously lodged administrative record. Signed by District Judge Holly L. Teeter on 1/19/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
|
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #30 Unopposed MOTION Motion to Include May 16, 2014 Letter for Court's Consideration Along With Administrative Record, as Supplemented . The motion will be resolved by the District Judge.(ala) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #29 MOTION for Leave to file Supplement to the Administrative Record . The motion will be resolved by the District Judge.(ala) |
| Filing 30 Unopposed MOTION Motion to Include May 16, 2014 Letter for Court's Consideration Along With Administrative Record, as Supplemented by Plaintiff Kansas, State of (Attachments: #1 Ex. Exhibit A, #2 Ex. Exhibit B, #3 Ex. Exhibit C)(Gunnison, Mark) |
| Filing 29 MOTION for Leave to file Supplement to the Administrative Record by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs (Attachments: #1 Declaration of John Tahsuda, III, #2 Exhibit Exhibit 1 to Declaration of John Tahsuda, III, #3 Exhibit Exhibit 2 to Declaration of John Tahsuda, III, #4 Exhibit Exhibit 2-1 to Declaration of John Tahsuda, III, #5 Exhibit Exhibit 2-2 to Declaration of John Tahsuda, III, #6 Exhibit Exhibit 2-3 to Declaration of John Tahsuda, III, #7 Exhibit Exhibit 2-4 to Declaration of John Tahsuda, III, #8 Exhibit Exhibit 2-5 to Declaration of John Tahsuda, III, #9 Exhibit Exhibit 2-6 to Declaration of John Tahsuda, III)(Eastman, Tyler) |
|
Filing 28
ORDER granting #27 Plaintiffs' Unopposed Motion for Extension of Time Within Which to Submit Opening Brief. Opening Brief due by 2/5/2021. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 1/14/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
|
| Filing 27 Unopposed MOTION for extension of time Within Which to Submit Opening Brief by Plaintiff Kansas, State of (referred to Magistrate Judge Gwynne E. Birzer) (Gunnison, Mark) |
| Filing 26 CONVENTIONALLY FILED EXHIBIT IN SUPPORT of #25 Notice of Lodging of the Administrative Record received conventionally in the Topeka Clerk's Office on 12/22/2020. Original flash drive will be maintained in the Clerk's Office and a copy was provided to Judge Teeter's chambers. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) |
| Filing 25 NOTICE of Lodging of the Administrative Record by United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs (Attachments: #1 Exhibit Administrative Record Index)(Kintz, JoAnn) |
|
Filing 24
ORDER granting #23 Defendants' Unopposed Motion for Leave to Lodge the Administrative Record. Defendants are granted leave to lodge the administrative record via flash drive. Defendants shall submit three identical flash drives to the Clerk's Office, and the parties are instructed to refer to the record using a consistent citation system. Signed by District Judge Holly L. Teeter on 12/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
|
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #23 Unopposed MOTION for Leave to Lodge the Administrative Record. The motion will be resolved by the District Judge.(md) |
| Filing 23 Unopposed MOTION for Leave to Lodge the Administrative Record by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs (Kintz, JoAnn) |
|
Filing 22
MEMORANDUM AND ORDER denying #13 Motion for Temporary and Preliminary Injunctive Relief and/or Stay of Administrative Action. Signed by District Judge Holly L. Teeter on 11/23/2020. (md)
|
| Filing 21 REPLY TO RESPONSE TO MOTION by Plaintiff Kansas, State of re: #13 Motion for Preliminary Injunction, and/or Stay of Administrative Action (Attachments: #1 Affidavit Declaration)(Gunnison, Mark) |
| Filing 20 ANSWER to Complaint by United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs.(Eastman, Tyler) |
| Filing 19 MEMORANDUM IN OPPOSITION by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs re #13 MOTION for Preliminary Injunction and/or Stay of Administrative Action (Attachments: #1 JoAnn Kintz Declaration and Exhibits 1,2,3,4)(Eastman, Tyler) |
| Filing 18 NOTICE OF JOINDER by Iowa Tribe of Kansas and Nebraska re #13 MOTION for Preliminary Injunction and/or Stay of Administrative Action (Wolf, Anna) |
|
Filing 17
ORDER re #13 MOTION for Preliminary Injunction and/or Stay of Administrative Action. Response deadline is set for on or before 10/26/2020. Reply deadline is set for on or before 11/5/2020. Signed by District Judge Holly L. Teeter on 10/19/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
|
| Filing 16 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 10/15/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) |
|
Filing 15
ORDER granting in part and denying in part #11 Motion for Extension of Time to File. Signed by Magistrate Judge Gwynne E. Birzer on 10/15/2020. (kf)
|
| Filing 14 MEMORANDUM IN SUPPORT of #13 MOTION for Preliminary Injunction and/or Stay of Administrative Action by Plaintiff Kansas, State of (Attachments: #1 Exhibit List Index, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q)(Gunnison, Mark) |
| Filing 13 MOTION for Preliminary Injunction and/or Stay of Administrative Action by Plaintiff Kansas, State of and Iowa Tribe of Kansas and Nebraska (Gunnison, Mark) Modified to Iowa Tribe of Kansas and Nebraska as filing party per #18 Notice of Joinder on 10/26/2020 (smc). |
| Filing 12 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference before Magistrate Judge Gwynne E. Birzer set for 10/15/2020 at 10:00 AM by telephone. Participants shall call 1-888-363-4749 and use ACCESS CODE 9686294. (kf) |
| Filing 11 MOTION for extension of time TO FILE THE ADMINISTRATIVE RECORD by Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit Exhibit 1)(Eastman, Tyler) |
| Filing 10 CLERKS ORDER EXTENDING TIME until 10/27/2020 for Defendants United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs to answer or otherwise plead. Signed by deputy clerk on 10/7/2020. (ca) |
| Filing 9 ENTRY OF APPEARANCE by Tyler James Eastman on behalf of All Defendants (Eastman, Tyler) |
| Filing 8 Summons Returned Executed -- served by Certified Mail on 8/12/2020 Kansas, State of served on 8/12/2020, answer due 10/13/2020. Summons served on United States Attorney. (Gunnison, Mark) |
| Filing 7 Summons Returned Executed -- served by Certified Mail on 8/17/2020 Summons served on United States Attorney General. (Gunnison, Mark) |
| Filing 6 Summons Returned Executed -- served by Certified Mail on 8/17/2020 United States Department of the Interior, David Bernhardt, Secretary (Gunnison, Mark) |
| Filing 5 Summons Returned Executed -- served by Certified Mail on 8/17/2020 United States Department of the Interior- Bureau of Indian Affairs, Tara Sweeney, Assistant-Secretary Indian Affairs (Gunnison, Mark) |
| Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Kansas, State of - trial to be held in Kansas City. (Gunnison, Mark) |
| Filing 3 INDEX OF EXHIBITS by Plaintiff Kansas, State of re #1 Complaint (attorney) . (Gunnison, Mark) |
| Filing 2 CIVIL COVER SHEET by Plaintiff Kansas, State of. (Gunnison, Mark) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-5222689.), filed by Kansas, State of. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31A, #32 Exhibit 31B, #33 Exhibit 32, #34 Exhibit 33)(Gunnison, Mark) |
| SUMMONS ISSUED as to United States Department of Interior, United States Department of Interior, Bureau of Indian Affairs. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kansas District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
