San Carlos Apache Tribe v. United States Forest Service et al
| San Carlos Apache Tribe |
| United States Forest Service, Tom Torres and Neil Bosworth |
| Resolution Copper Mining, LLC and Resolution Copper Mining LLC |
| 2:2021cv00068 |
| January 14, 2021 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Dominic W Lanza |
| Other Statutes: Environmental Matters |
| 42 U.S.C. § 4321 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 NOTICE OF ATTORNEY APPEARANCE: Erika Norman appearing for Neil Bosworth, Tom Torres, United States Forest Service. (additional counsel of record). (Norman, Erika) |
| Filing 44 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 43 RESPONSE in Opposition re: #27 MOTION to Consolidate Cases Plaintiff' San Carlos Apache Tribe's Response in Opposition to Defendant's Motion to Consolidate and Notice of Joinder in Plaintiff Arizona Mining Reform Coalition's Opposition to Defendant's Motion to Consolidate The Three Cases filed by San Carlos Apache Tribe. (Velasquez, Chase) |
Filing 42
ORDER: IT IS ORDERED granting the parties' Joint Stipulation on Plaintiff San Carlos Apache Tribe's Motion for Preliminary Injunction (Doc. #40 ). IT IS FURTHER ORDERED vacating Evidentiary Hearing set on March 9, 2021, at 1:30 p.m. IT IS FURTHER ORDERED withdrawing the Motion for Preliminary Injunction (Doc. #29 ) per Plaintiff's Notice (Doc. #41 ). Ordered by Judge Dominic W Lanza on 3/8/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 41 NOTICE re: Plaintiff San Carlos Apache Tribe's Notice of Withdrawal of Plaintiff's Motion for Preliminary Injunction by San Carlos Apache Tribe Plaintiff's Withdrawal of Motion for Preliminary Injunction. (Velasquez, Chase) |
| Filing 40 STIPULATION Joint Stipulation on Plaintiff San Carlos Apache Tribe's Motion for Preliminary Injunction by San Carlos Apache Tribe. (Velasquez, Chase) |
| Filing 39 NOTICE re: Appearance of Witnesses by Video Tele-Conferencing by San Carlos Apache Tribe Chairman Terry Rambler and TNF Acting Supervisor Tom Torres. (Velasquez, Chase) |
| Filing 38 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) |
| Filing 37 RESPONSE in Opposition re: #29 MOTION for Preliminary Injunction filed by Resolution Copper Mining LLC. (Attachments: #1 Exhibit A - Judge Logan Order, #2 Exhibit B - Declaration of Andrew Lye, #3 Exhibit C - Declaration of Victoria Peacey, #4 Exhibit D - Declaration of Sterling Hundley)(Thomas, Christopher) |
| Filing 36 RESPONSE in Opposition re: #29 MOTION for Preliminary Injunction and Notice of Superseding Agency Action filed by Neil Bosworth, Tom Torres, United States Forest Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Alexander, Tyler) |
| Filing 35 *NOTICE OF ATTORNEY APPEARANCE: Tyler McVeigh Alexander for Neil Bosworth, Tom Torres, United States Forest Service. (Alexander, Tyler) *Modified to reflect correct event; attorney noticed on 3/4/2021 (SST). |
| Filing 34 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 33 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 2/22/2021. The Court advises counsel that members of the media are listening to the hearing. Pursuant to Local Rule 43.1, members of the media are advised that audiotaping court proceedings is prohibited. The Court notes that a Motion to Transfer and Consolidate Cases is pending before Judge Logan in CV 21-00050-PHX-SPL. The Court scheduled today's hearing to discuss setting a briefing schedule and hearing regarding Plaintiff's Motion for Preliminary Injunction (Doc. #29 ). Discussion held. IT IS ORDERED setting Evidentiary Hearing re: Plaintiff's Motion for Preliminary Injunction on March 9, 2021, at 1:30 p.m. in Courtroom 601. IT IS FURTHER ORDERED that Defendants and Intervenor Defendant shall file a response no later than March 4, 2021 (not to exceed 17 pages); Plaintiff's reply shall be filed no later than Noon, March 8, 2021 (not to exceed 11 pages). IT IS FURTHER ORDERED directing Plaintiff's counsel to file a notice with the Court no later than Noon, March 5, 2021, advising the Court whether any of Plaintiff's witnesses will be requesting to appear by VTC. APPEARANCES: Alexander Ritchie (appearing telephonically) for Plaintiff. Tyler Alexander, Reuben Schifman and Erika Norman (all appearing telephonically) for Defendants. Christopher Thomas (appearing telephonically) for Intervenor Defendant. (Court Reporter Candy Potter) Hearing held 3:01 PM to 3:18 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 32
ORDER: On the Court's own Motion, Telephonic Status Conference set for 2/22/2021 at 03:00 PM (Arizona time) before Judge Dominic W Lanza. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Ordered by Judge Dominic W Lanza on 2/22/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 31 Additional Attachments to Main Document re: #29 MOTION for Preliminary Injunction by Plaintiff San Carlos Apache Tribe. (Attachments: #1 Exhibit)(Jimmie, Justine) |
| Filing 30 Additional Attachments to Main Document re: #29 MOTION for Preliminary Injunction by Plaintiff San Carlos Apache Tribe. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Jimmie, Justine) |
| Filing 29 *WITHDRAWN by Doc. (42)* MOTION for Preliminary Injunction by San Carlos Apache Tribe. (Attachments: #1 Memorandum in Support of Preliminary Injunction, #2 Text of Proposed Order)(Jimmie, Justine) Modified on 3/8/2021 (MAW). |
| Filing 28 SERVICE EXECUTED filed by San Carlos Apache Tribe: Certificate of Service . (Attachments: #1 Certificate of Service, #2 Certificate of Service, #3 Certificate of Service, #4 Certified Mail Receipt, #5 Certified Mail Receipt, #6 Certified Mail Tracking)(Jimmie, Justine) |
| Filing 27 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 26 ANSWER to #14 Amended Complaint by Resolution Copper Mining, LLC.(Thomas, Christopher) |
| Filing 25 *BRIEF by Defendant United States Forest Service. (Schifman, Reuben) *Modified to reflect document filed in wrong case per attorney. Counsel to file in correct case on 2/5/2021 (MHW). |
| Filing 24 *NOTICE of Appearance by Reuben S Schifman on behalf of United States Forest Service, Neil Bosworth, Tom Torres. (Schifman, Reuben) *Modified to add additional parties on 2/8/2021 (REK). |
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Filing 23
ORDER: IT IS ORDERED as follows: The parties are directed to confer and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than April 1, 2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/4/21. (MAW)
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| Filing 22 ANSWER to #1 Complaint by Resolution Copper Mining, LLC. (SST) |
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Filing 21
ORDER: IT IS ORDERED that the motion of Resolution Copper Mining, LLC ("Resolution") to intervene as a defendant in this case (Doc. #5 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall file Resolution's proposed form of Answer (Doc. #6 ). Signed by Judge Dominic W Lanza on 2/2/21. (SST)
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| Filing 20 Summons Issued as to Neil Bosworth, Tom Torres, United States Forest Service. (Attachments: #1 Summons, #2 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 19 SUMMONS Submitted by San Carlos Apache Tribe. (Attachments: #1 Summons, #2 Summons)(Jimmie, Justine) |
| Filing 18 NOTICE TO FILER OF DEFICIENCY re: #15 Summons Submitted filed by San Carlos Apache Tribe, #16 Summons Submitted filed by San Carlos Apache Tribe, #17 Summons Submitted filed by San Carlos Apache Tribe. Submitted summonses are blank. 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. (BAS) |
| Filing 17 SUMMONS Submitted by San Carlos Apache Tribe. (Jimmie, Justine) |
| Filing 16 SUMMONS Submitted by San Carlos Apache Tribe. (Jimmie, Justine) |
| Filing 15 SUMMONS Submitted by San Carlos Apache Tribe. (Jimmie, Justine) |
| Filing 14 AMENDED COMPLAINT against All Defendants filed by San Carlos Apache Tribe.(Jimmie, Justine) |
| Filing 13 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by San Carlos Apache Tribe . (Attachments: #1 Exhibit)(Jimmie, Justine) |
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Filing 12
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on April 15, 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 details]. Signed by Judge Dominic W Lanza on 1/20/21. (MAW)
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| 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 Dominic W Lanza. All further pleadings/papers should now list the following COMPLETE case number: CV-21-0068-PHX-DWL. 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 Additional Attachments to Main Document re: #1 Complaint by Plaintiff San Carlos Apache Tribe. (Jimmie, Justine) |
| Filing 7 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) |
| Filing 6 *FILED at Doc. #22 pursuant to Order #21 . LODGED Proposed Answer of Intervenor-Defendant Resolution Copper Mining, LLC re: #5 MOTION to Intervene . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Resolution Copper Mining, LLC. (Thomas, Christopher) Modified on 2/2/2021 (SST). |
| Filing 5 MOTION to Intervene by Resolution Copper Mining, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Thomas, Christopher) |
| Filing 4 Corporate Disclosure Statement by Resolution Copper Mining, LLC. (Thomas, Christopher) |
| Filing 3 NOTICE of Appearance by Christopher David Thomas on behalf of Resolution Copper Mining, LLC. (Thomas, Christopher) |
| Remark: Pro hac vice motion(s) granted for Chase Andrew Velasquez on behalf of Plaintiff San Carlos Apache Tribe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 2 Filing fee paid, receipt number 0970-19063628. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-21-68-PHX-JZB. Magistrate Election form attached. (JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19063628 filed by San Carlos Apache Tribe. (Jimmie, Justine) (Attachments: #1 Civil Cover Sheet)(JAM) |
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