Apache Stronghold v. United States of America et al
| Apache Stronghold |
| Sonny Perdue, Neil Bosworth, Vicki Christensen, United States of America and Tom Torres |
| MICA Group, Morningstar Institute and Ramon Riley |
| Resolution Copper Mining LLC |
| 2:2021cv00050 |
| January 12, 2021 |
| US District Court for the District of Arizona |
| Camille D Bibles |
| Steven P Logan |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 71
ORDER: Defendants' Unopposed Motion for Extension of Time #67 is granted. Defendants shall have until April 14, 2021 to file a response to Apache Stronghold's Complaint #1 . Signed by Judge Steven P. Logan on 3/11/2021. (LMR)
|
| Filing 70 REPLY to Response to Motion re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases filed by Neil Bosworth, Tom Torres, United States Forest Service, Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America, Neil Bosworth, Tom Torres. (Associated Cases: 2:21-cv-00122-DLR, 2:21-cv-00050-SPL, 2:21-cv-00068-DWL) (Norman, Erika) |
| Filing 69 *Filed at #70 with correct event*REPLY to Response to Motion re: #60 MOTION to Consolidate Cases filed by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Norman, Erika) Modified on 3/12/2021 (REK). |
| Filing 68 NOTICE OF ATTORNEY APPEARANCE: Erika Norman appearing for Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (additional counsel of record). (Norman, Erika) |
| Filing 67 Consent MOTION for Extension of Time to File Answer re: #1 Complaint by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: #1 Text of Proposed Order)(Alexander, Tyler) |
| Filing 66 RESPONSE to Motion re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases in Opposition filed by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Associated Cases: 2:21-cv-00050-SPL, 2:21-cv-00068-DWL, 2:21-cv-00122-DLR) (DXD) |
| Remark: Pro hac vice motion(s) granted for Michalyn Steele on behalf of Amicus Parties MICA Group, Ramon Riley. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 65 Joinder re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases . filed by Resolution Copper Mining LLC. (Associated Cases: 2:21-cv-00068-DWL, 2:21-cv-00050-SPL, 2:21-cv-00122-DLR) (Thomas, Christopher) |
|
Filing 64
ORDER denying #61 Plaintiff's Emergency Motion to Stay. See order for details. Signed by Judge Steven P. Logan on 2/22/2021. (LMR)
|
| Filing 63 USCA Case Number re: #59 Notice of Appeal. Case number 21-15295, Ninth Circuit. (LAD) |
| Filing 62 NOTICE re: Expedited Consideration by Apache Stronghold re: #61 Emergency MOTION to Stay re: #57 Order on Motion for Preliminary Injunction Emergency MOTION for Preliminary Injunction Pending Appeal . (Nixon, Michael) |
| Filing 61 Emergency MOTION to Stay re: #57 Order on Motion for Preliminary Injunction , Emergency MOTION for Preliminary Injunction Pending Appeal by Apache Stronghold. (Attachments: #1 Text of Proposed Order)(Nixon, Michael) |
| Filing 60 MOTION to Consolidate Cases by Neil Bosworth, Tom Torres, United States Forest Service, Neil Bosworth, Tom Torres, Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Associated Cases: CV-21-00050-PHX-SPL, CV-21-00068-PHX-DWL, CV-00122-PHX-DLR) (Alexander, Tyler) |
| Filing 59 *NOTICE OF INTERLOCUTORRY APPEAL to 9th Circuit Court of Appeals re: #57 Order by Apache Stronghold. Filing fee received: $ 505.00, receipt number 0970-19175390. (Attachments: #1 Appeal Information)(Nixon, Michael) *Modified to correct event on 2/19/2021 (DXD). |
| Filing 58 NOTICE of Lis Pendens by Apache Stronghold. (Nixon, Michael) |
|
Filing 57
ORDER: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #7 is denied. See order for details. Signed by Judge Steven P. Logan on 2/12/2021. (LMR)
|
| Filing 56 BRIEF Amicus Brief by Amicus Parties MICA Group, Morningstar Institute, Ramon Riley. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barclay, Stephanie) |
|
Filing 55
ORDER granting Motion for Leave to File Amicus Brief #54 : Ramon Riley, The Morningstar Institute, and the MICA Group shall file their proposed Amicus Brief separately on the record no later than 5:00 p.m. today, February 11, 2021. Signed by Judge Steven P. Logan on 2/11/2021. (LMR)
|
| Filing 54 MOTION to File Amicus Curiae by MICA Group, Morningstar Institute, Ramon Riley. (Attachments: #1 Proposed Amicus Brief, #2 Exhibit A, #3 Exhibit B)(Barclay, Stephanie) |
| Remark: Pro hac vice motion(s) granted for Stephanie Hall Barclay on behalf of Amicus Parties MICA Group, Morningstar Institute, Ramon Riley. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 53 *(CANCELLED BY REQUESTOR) - TRANSCRIPT REQUEST (3rd PARTY) by Jennifer Clifton of ASU Center for the Study of Religion and Conflict for proceedings held on 02/03/2021, 02/10/2021, & 02/12/2021, Judge Steven P Logan hearing judge(s). (RAP) *Modified to cancel out request on 2/11/2021 (RAP). |
| Filing 52 MINUTE ORDER re Exhibits: The exhibits marked are returned to respective counsel. (LMR) |
| Filing 51 REPLY to Response to Motion re: #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Closing Argument Brief filed by Apache Stronghold. (Nixon, Michael) |
| Filing 50 BRIEF by Defendant United States of America. (Schifman, Reuben) |
| Filing 49 NOTICE of Appearance by Reuben S Schifman on behalf of United States of America. (Schifman, Reuben) |
| Filing 48 AMENDED TRANSCRIPT REQUEST pursuant to 38 , 44 Notice of Deficiency by Apache Stronghold for proceedings held on February 3, 2021, Judge Steven P Logan hearing judge(s). (Nixon, Michael) |
| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON MOTION FOR PRELIMINARY INJUNCTION proceedings held on 02/03/2021, before Judge STEVEN P. LOGAN. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/5/2021. (RAP) |
| Filing 46 AMENDED MINUTE ENTRY - Amending Doc. #39 - for proceedings held before Judge Steven P Logan: Hearing is held on Plaintiff's Motion for Preliminary Injunction #7 . Plaintiff's Motion for Preliminary Injunction #7 will be taken under advisement upon submission of closing arguments. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:08 AM to 12:03 PM. Reason for Amendment: to correct date closing arguments are due. (LMR) |
| Filing 45 *NOTICE re: Plaintiff's Proposed Findings of Fact and Conclusions of Law and Order. (Attachments: #1 Text of Proposed Order)(Nixon, Michael) *Modified to correct event and text on 2/4/2021 (REK). |
| Filing 44 NOTICE TO FILER OF DEFICIENCY re: AO435 #40 Transcript Request filed by Apache Stronghold. Item(s) were not completed (left blank): 1-20: Entire form is blank.. FOLLOW-UP ACTION REQUIRED: Please refile the transcript request on form AO435 with Items 1-20 completed. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 43 Exhibit List by Defendants Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (LMR) |
| Filing 42 Exhibit List by Plaintiff Apache Stronghold. (LMR) |
| Filing 41 Witness List by Plaintiff Apache Stronghold. (LMR) |
| Filing 40 AMENDED TRANSCRIPT REQUEST pursuant to 38 Notice of Deficiency by Apache Stronghold for proceedings held on February 3, 2021, Judge Steven P Logan hearing judge(s). (Nixon, Michael) |
| Filing 39 *AMENDED BY DOC. #46 * MINUTE ENTRY for proceedings held before Judge Steven P Logan: Hearing is held on Plaintiff's Motion for Preliminary Injunction #7 . Plaintiff's Motion for Preliminary Injunction #7 will be taken under advisement upon submission of closing arguments. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:08 AM to 12:03 PM.(LMR) Modified on 2/4/2021 (LMR). |
| Filing 38 NOTICE TO FILER OF DEFICIENCY re: #37 Request filed by Apache Stronghold. Incorrect event (Request) used and the attached form in blank. FOLLOW-UP ACTION REQUIRED: Please refile using the correct event (Transcript Request) and with a completed form. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 37 REQUEST re: Request for Daily Transcript of the February 3, 2021 Preliminary Injunction Hearing by Plaintiff Apache Stronghold. (Nixon, Michael) |
| Filing 36 Amended REPLY to Response to Motion re: #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Apache Stronghold. (REK) |
|
Filing 35
ORDER: Plaintiff's Motion for Leave #32 is granted. The Clerk of Court shall file the lodged Proposed Corrected Amended Reply Memorandum (lodged at Doc. #34 ). IT IS FURTHER ORDERED that a request to file the initial Corrected Amended Reply (lodged at Doc. #33 ) is denied as moot. Signed by Judge Steven P Logan on 2/02/2021. (REK)
|
| Filing 34 *Filed at #36 *LODGED Proposed Corrected Amended Reply Memorandum (THE correct one) re: #32 MOTION for Leave to File Corrected Amended Reply Memorandum . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Apache Stronghold. (Nixon, Michael) Modified on 2/2/2021 (REK). |
| Filing 33 *Request denied as moot per #35 Order*LODGED Proposed Corrected Amended Reply Memorandum re: #32 MOTION for Leave to File Corrected Amended Reply Memorandum . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Apache Stronghold. (Nixon, Michael) Modified on 2/2/2021 (REK). |
| Filing 32 MOTION for Leave to File Corrected Amended Reply Memorandum by Apache Stronghold. (Attachments: #1 Text of Proposed Order)(Nixon, Michael) |
| Filing 31 NOTICE re: Joint Notice to Court Reporter by Apache Stronghold re: #25 Order, Set/Reset Motion and R&R Deadlines/Hearings . (Nixon, Michael) |
| Filing 30 *Amended REPLY to Response to Motion re: #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Apache Stronghold. (Nixon, Michael) *Modified to reflect "amended" on 2/1/2021 (REK). |
| Filing 29 STATEMENT of Joint Pre-Hearing Statement re: #25 Order, Set/Reset Motion and R&R Deadlines/Hearings by Defendants Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) |
| Filing 28 NOTICE re: of Filing of Defendants' Proposed Findings of Fact and Conclusions of Law by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America re: #25 Order, Set/Reset Motion and R&R Deadlines/Hearings . (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Alexander, Tyler) |
| Remark: Pro hac vice motion(s) granted for Jennifer A MacLean on behalf of Intervenor Defendant Resolution Copper Mining LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 27 TRANSCRIPT REQUEST (3rd PARTY/MEDIA) by Debra Krol of the Arizona Republic for proceedings held on 02/03/2021, Judge Steven P Logan hearing judge(s). (RAP) |
| Filing 26 TRANSCRIPT REQUEST (3rd PARTY) by Christopher D. Thomas of Perkins Coie LLP for proceedings held on 02/03/2021, Judge Steven P Logan hearing judge(s). (RAP) |
|
Filing 25
ORDER: The parties' Joint Motion for Virtual Hearing & Amendment of Order of January 21, 2021 #22 is granted. Plaintiff shall have until January 29, 2021 to file an Amended Reply, which shall not exceed twenty-four pages in length. Preliminary Injunction hearing set for January 27, 2021 is vacated and reset for February 3, 2021 at 9:00 a.m. The hearing shall be held in person in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 505. In-person access shall remain restricted to those participating in the hearing. Defendants shall be permitted to appear telephonically. Defendants shall email Judge Logan's chambers by February 1, 2021 to obtain the call-in information. The joint pre-hearing statement, proposed findings of fact and conclusions of law, proposed form of preliminary injunction, and joint notice to court reporter shall be due by January 29, 2021 at 12:00 p.m. The parties shall further coordinate the delivery of exhibits in the manner prescribed in Attachment A to the Court's January 21, 2021 Order (Doc. #17 ) no later than January 29, 2021. See order for additional details. Signed by Judge Steven P. Logan on 1/25/2021. (LMR)
|
| Filing 24 STATEMENT of Joint Pre-Hearing Statement re: #17 Order by Defendants Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) |
| Filing 23 REPLY to Response to Motion re: #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply Memoandum filed by Apache Stronghold. (Nixon, Michael) |
| Filing 22 Joint MOTION to Amend/Correct #17 Order by Apache Stronghold. (Attachments: #1 Text of Proposed Order)(Nixon, Michael) |
|
Filing 21
ORDER: The Motion to Exceed #19 is granted. Defendants' Response in Opposition to the Motion for Preliminary Injunction shall be deemed filed at Doc. 18. Signed by Judge Steven P. Logan on 1/22/2021. (LMR)
|
| Filing 20 *(REQUEST CANCELLED; HEARING CONT'D TO 3FEB2021 PER DOC. #25 ) - TRANSCRIPT REQUEST (3rd Party/Media) by Debra Krol of the Arizona Republic for proceedings held on 01/27/2021, Judge Steven P Logan hearing judge(s). (RAP) *Modified to reference cancellation because hearing cont'd on 1/26/2021 (RAP). |
| Filing 19 Consent MOTION for Leave to File Excess Pages Nunc Pro Tunc by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: #1 Text of Proposed Order, #2 Proposed Overlength Brief)(Alexander, Tyler) |
| Filing 18 RESPONSE in Opposition re: #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: #1 Affidavit of Tracy Parker, #2 Exhibit Second Proclamation of the Tonto National Forest, #3 Exhibit July 1, 1852 Treaty with the Apaches)(Alexander, Tyler) |
|
Filing 17
ORDER: A preliminary injunction hearing is currently scheduled for January 27, 2021 at 9:00 a.m. See order for deadlines and details. Signed by Judge Steven P. Logan on 1/21/2021. (Attachments: #1 Attachments)(LMR)
|
| Filing 16 NOTICE re: Joint Notice re: Jan. 27 Hearing by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America re: #13 Order on Motion for TRO . (Alexander, Tyler) |
| Filing 15 *NOTICE of Errata re: #7 MOTION for Preliminary Injunction by Plaintiff Apache Stronghold. (Attachments: #1 Affidavit Declaration of John Welch)(Levenson, Clifford) *Modified to add document link on 1/21/2021 (REK). |
| Remark: Pro hac vice motion(s) granted for Michael V Nixon on behalf of Plaintiff Apache Stronghold. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 14 SERVICE EXECUTED filed by Apache Stronghold: Affidavit of Service re: Summons, Complaint, Motion upon US Attorney's Office on 01/14/2021. (Levenson, Clifford) |
|
Filing 13
ORDER: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #7 is denied in part to the extent that it requests issuance of a Temporary Restraining Order. No later than January 15, 2021, Plaintiff must provide Defendants with a copy of the following: (1) the Complaint; (2) the Motion for Preliminary Injunction; and (3) this Order. Plaintiff shall further file with the Court a notice indicating when and how notice was provided. Defendants have until January 21, 2021 to respond to the Motion for Preliminary Injunction #7 . Plaintiff shall have until January 25, 2021 to file a reply in support of its Motion for Preliminary Injunction #7 .The Court will hold a hearing on the Motion for Preliminary Injunction #7 on January 27, 2021 at 9:00 a.m. The hearing shall be held telephonically, and the parties shall jointly email Judge Logan's chambers by January 25, 2020 to obtain the call-in information. The parties shall file a Joint Notice by January 20, 2021, indicating whether the motion may be decided on the briefing and argument of counsel alone. See order for additional details. Signed by Judge Steven P. Logan on 1/14/2021. (LMR)
|
|
Filing 12
PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on April 12, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 1/14/2021. (LMR)
|
| Filing 11 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-21-0050-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 10 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 8 NOTICE of Appearance by Tyler McVeigh Alexander on behalf of Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) |
| Filing 7 *First MOTION for Temporary Restraining Order by Apache Stronghold. (Attachments: #1 Affidavit Declaration of Cranston Hoffman, #2 Affidavit Declaration of Clifford Levenson, #3 Affidavit Declaration of Naelyn Pike, #4 Affidavit Declaration of Wendsler Nosie, #5 Affidavit Declaration of John R. Welch, #6 Text of Proposed Order Proposed Order)(Levenson, Clifford). *Added MOTION for Preliminary Injunction on 1/14/2021. (LFIG) *Modified to remove incorrect "Ex Parte" Designation on 1/15/2021 (REK). |
| Filing 6 *AMENDED DOCUMENT re: #1 Complaint by Apache Stronghold Civil Cover Sheet. (Levenson, Clifford) *Modified to add document link on 1/14/2021 (REK). |
| Filing 5 Summons Issued as to Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Apache Stronghold. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 3 Filing fee paid, receipt number 0970-19052643. This case has been assigned to the Honorable Camille D Bibles. All future pleadings or documents should bear the correct case number: CV-21-50-PHX-CDB. Magistrate Election form attached. (MCO) |
| Filing 2 SUMMONS Submitted by Apache Stronghold. (Levenson, Clifford) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(MCO) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19052643 filed by Apache Stronghold. (Levenson, Clifford) (Attachments: #1 Civil Cover Sheet)(MCO) |
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 Arizona 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.
