Tohono O'odham Nation et al v. United States Department of Interior et al
| Tohono O'odham Nation, San Carlos Apache Tribe, Archaeology Southwest and Center for Biological Diversity |
| United States Department of Interior, Deb Haaland and United States Bureau of Land Management |
| SunZia Transmission LLC |
| 4:2024cv00034 |
| January 17, 2024 |
| US District Court for the District of Arizona |
| Jennifer G Zipps |
| Other Statutes: Environmental Matters |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 50 TRANSCRIPT REQUEST for hearing on motion for a PI/TRO by Archaeology Southwest, Center for Biological Diversity for proceedings held on 3/13/2024, Judge Jennifer G Zipps hearing judge(s). (Lewis, Elizabeth) |
| Filing 49 MOTION to Dismiss Case by SunZia Transmission LLC. (Attachments: #1 Proposed Order)(Brandt-Erichsen, Svend) |
| Filing 48 MINUTE ENTRY for Motion Hearing held March 13, 2024, before United States District Judge Jennifer G. Zipps. Elizabeth Lewis, Alexander Ritchie, and Howard Shanker, counsel for their respective plaintiffs, present argument to the Court. Amber Dutton-Bynum, counsel for the defendants, presents argument to the Court. Svend Brandt-Erichsen, counsel for the intervenor defendant, presents argument to the Court.The Court takes the Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #16 ) UNDER ADVISEMENT and will issue a ruling in the near future. APPEARANCES: Elizabeth Lewis for the plaintiffs: Archaeology Southwest and Center for Biological Diversity. Alexander Ritchie for the plaintiff: San Carlos Apache Tribe. Howard Shanker for the plaintiff: Tohono O'odham Nation. Amber Dutton-Bynum and Devon Lehman McCune for the defendants: United States Department of Interior, Deb Haaland, and United States Bureau of Land Management. Svend Brandt-Erichsen and Hilary Tompkins for the intervenor defendant: SunZia Transmission LLC. Court reporter: Linda Parks. Hearing held 9:43 a.m. to 12:23 p.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) |
Filing 47
IT IS ORDERED counsel, interested parties and members of the media may telephonically attend the Motion Hearing scheduled 3/13/2024 at 9:30 AM. Please call 1-855-244-8681, access code 2312 796 6785 five minutes prior to the start of the hearing. Please mute all microphones unless speaking. Ordered by Judge Jennifer G Zipps on 3/12/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DPS)
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| Filing 46 NOTICE TO FILER OF DEFICIENCY re: AO435 #45 Transcript Request. Item 17 - TRANSCRIPT REQUESTED: No court proceedings were transcribed or recorded for the requested date of proceeding of 03/07/2024. FOLLOW-UP ACTION REQUIRED: Please refile with a valid date of proceeding for transcription in Item 17. 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 45 TRANSCRIPT REQUEST (3PY) by Jack Buckley of Capstone LLC (Washington, DC) for proceedings held on 03/07/2024, Judge Jennifer G Zipps hearing judge(s). (RAP) |
| Filing 44 NOTICE of Errata re: #43 Reply to Response to Motion,, Corrected Exhibit Covers by Plaintiffs Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation.. (Attachments: #1 Exhibit Corrected Exhibit 42, #2 Exhibit Corrected Exhibit 43)(Lewis, Elizabeth) |
| Filing 43 REPLY to Response to Motion re: #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Exhibit 41, #3 Exhibit Exhibit 42, #4 Exhibit Exhibit 43, #5 Exhibit Exhibit 44, #6 Exhibit Exhibit 45, #7 Exhibit Exhibit 46, #8 Exhibit Exhibit 46 pt 2, #9 Exhibit Exhibit 47, #10 Exhibit Exhibit 47 pt 2, #11 Exhibit Exhibit 47 pt 3, #12 Exhibit Exhibit 48, #13 Exhibit Exhibit 49)(Lewis, Elizabeth) |
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Filing 42
ORDERED Plaintiffs' Expedited Motion For Expansion Of Pages For Plaintiffs' Reply (Doc. #41 ) is granted. Plaintiffs' reply shall be limited to 30 pages. Signed by Judge Jennifer G Zipps on 2/22/24. (MYE)
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| Filing 41 MOTION for Leave to File Excess Pages for Motion for Expansion of Page Limits in Connection with Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Attachments: #1 Proposed Order)(Eubanks, William) |
| Filing 40 MINUTE ORDER: In light of the Court's Order granting Plaintiff's Motion for Extension of Time to File Reply #38 , the Hearing as to #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction is RESET for 3/13/2024 at 09:30 AM in Courtroom 5D, 405 West Congress Street, Tucson, AZ 85701 before Judge Jennifer G Zipps. All other requirements from the Court's February 16, 2024 Order #36 remain in effect. Ordered by Jennifer G. Zipps. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CEM) |
| Filing 39 NOTICE TO FILER OF DEFICIENCY re: #37 MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Center for Biological Diversity, Tohono O'odham Nation, Archaeology Southwest, San Carlos Apache Tribe. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Elizabeth L. Lewis but submitted using the log-in and password belonging to attorney William Eubanks. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) |
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Filing 38
ORDER granting #37 Plaintiffs' Expedited Motion For Extension Of Time To File Plaintiffs' Reply. Plaintiffs shall file their reply on or before February 23, 2024. Signed by Judge Jennifer G Zipps on 2/16/2024. (ARC)
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| Filing 37 MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Attachments: #1 Proposed Order)(Eubanks, William) |
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Filing 36
ORDERED setting an in-person oral argument on Plaintiffs' Motion For Temporary Restraining Order, Motion For Preliminary Injunction (Doc. #16 ) on Thursday, March 7, 2024, at 1:30 p.m. before the Honorable Jennifer G. Zipps in Courtroom 5D, Evo A. DeConcini U.S. Courthouse, 405 W. Congress St., Tucson, AZ 85701. Signed by Judge Jennifer G Zipps on 2/15/2024. (See Order for complete details)(ARC)
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| Filing 35 NOTICE of Errata re: #30 Response in Opposition to Motion, by Defendants Deb Haaland, United States Bureau of Land Management, United States Department of Interior.. (Attachments: #1 Corrected Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction)(McCune, Devon) |
| Filing 34 NOTICE of Appearance by Devon Lehman McCune on behalf of Deb Haaland, United States Bureau of Land Management, United States Department of Interior. (McCune, Devon) |
| Filing 33 DECLARATION of Jane Childress re: #30 Response in Opposition to Motion, by Defendants Deb Haaland, United States Bureau of Land Management, United States Department of Interior. (Attachments: #1 Exhibit Att. 1-8, #2 Exhibit Att. 9-39, #3 Exhibit Att. 40-53, #4 Exhibit Att. 54-64)(McCune, Devon) |
| Filing 32 DECLARATION of Melanie Barnes re: #31 Declaration, #30 Response in Opposition to Motion, by Defendants Deb Haaland, United States Bureau of Land Management, United States Department of Interior. (Attachments: #1 Exhibit Att. 51-60)(McCune, Devon) |
| Filing 31 DECLARATION of Melanie Barnes re: #30 Response in Opposition to Motion, by Defendants Deb Haaland, United States Bureau of Land Management, United States Department of Interior. (Attachments: #1 Exhibit Att. 1-11, #2 Exhibit Att. 12-24, #3 Exhibit Att. 25-39, #4 Exhibit Att. 40-50)(McCune, Devon) |
| Filing 30 RESPONSE in Opposition re: #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Deb Haaland, United States Bureau of Land Management, United States Department of Interior. (Attachments: #1 Exhibit 2015 ROD (excerpts), #2 Exhibit 2013 ROD (excerpts), #3 Exhibit 2023 ROD (excerpts), #4 Exhibit 2023 EIS (excerpts), #5 Exhibit Plan of Development (excerpts))(McCune, Devon) |
| Filing 29 DECLARATION of Natalie McCue re: #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Intervenor Defendant SunZia Transmission LLC. (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)(Brandt-Erichsen, Svend) |
| Filing 28 DECLARATION of Steve Swanson re: #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Intervenor Defendant SunZia Transmission LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brandt-Erichsen, Svend) |
| Filing 27 RESPONSE to Motion re: #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SunZia Transmission LLC. (Brandt-Erichsen, Svend) |
| Filing 26 Sealed Document: Exhibit 28 to #16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (KAH) |
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Filing 25
ORDER granting #19 Consent MOTION to Seal Document Exhibit 28. Signed by Judge Jennifer G Zipps on 2/12/24. (KAH)
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Filing 24
ORDER granting #23 Motion to Exceed Page Limits. The page limit for SunZia's response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 16) is up to 40 pages, exclusive of attachments. Signed by Judge Jennifer G Zipps on 2/12/24. (MYE)
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| Filing 23 MOTION for Leave to File Excess Pages by SunZia Transmission LLC. (Attachments: #1 Proposed Order)(Brandt-Erichsen, Svend) |
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Filing 22
MINUTE ORDER: Pursuant to Rule 7.1 of the Federal Rules of Criminal Procedure, tribes are excluded from filing a Corporate Disclosure Statement. Therefore, the Notice of Deficiency re Corporate Disclosure Statement (Doc. #17 ) is stricken from the record. Ordered by Judge Jennifer G. Zipps. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC)
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Filing 21
ORDER granting #10 Motion to Intervene. IT IS FURTHER ORDERED that SunZia may file a response to Plaintiffs' Motion for Temporary Restraining Order, Motion for Preliminary Injunction (Doc. 16) on or before February 13, 2024. Signed by Judge Jennifer G Zipps on 2/8/24. (MYE)
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| Filing 20 FILED at (Doc. #26 ) SEALED LODGED Proposed Exhibit 28 to TRO/PI Mot re: #19 Consent MOTION to Seal Document #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Exhibit 28 (ECF 16-34). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Lewis, Elizabeth) Modified on 2/12/2024 (KAH). |
| Filing 19 Consent MOTION to Seal Document #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Exhibit 28 (ECF 16-34) by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Attachments: #1 Proposed Order Text of Proposed Order)(Lewis, Elizabeth) |
| Filing 18 NOTICE by SunZia Transmission LLC re: #10 MOTION to Intervene Non-Objection and Request for Expedited Ruling. (Brandt-Erichsen, Svend) |
| Filing 17 STRICKEN PER DOC. 22 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to San Carlos Apache Tribe and Tohono O'odham Nation. (SVC) Modified on 2/9/2024 (SVC). |
| Filing 16 *MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Attachments: #1 Proposed Order Text of Proposed Order, #2 Exhibit Exhibit List, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, part 1, #5 Exhibit Exhibit 2, part 2, #6 Exhibit Exhibit 2, part 3, #7 Exhibit Exhibit 2, part 4, #8 Exhibit Exhibit 3, #9 Exhibit Exhibit 4, #10 Exhibit Exhibit 5, #11 Exhibit Exhibit 6, #12 Exhibit Exhibit 7, #13 Exhibit Exhibit 8, part 1, #14 Exhibit Exhibit 8, part 2, #15 Exhibit Exhibit 9, #16 Exhibit Exhibit 10, #17 Exhibit Exhibit 11, #18 Exhibit Exhibit 12, #19 Exhibit Exhibit 13, #20 Exhibit Exhibit 14, #21 Exhibit Exhibit 15, #22 Exhibit Exhibit 16, #23 Exhibit Exhibit 17, #24 Exhibit Exhibit 18, #25 Exhibit Exhibit 19, #26 Exhibit Exhibit 20, #27 Exhibit Exhibit 21, #28 Exhibit Exhibit 22, #29 Exhibit Exhibit 23, #30 Exhibit Exhibit 24, #31 Exhibit Exhibit 25, #32 Exhibit Exhibit 26, #33 Exhibit Exhibit 27, #34 Exhibit Exhibit 28, #35 Exhibit Exhibit 29, #36 Exhibit Exhibit 30, #37 Exhibit Exhibit 31, #38 Exhibit Exhibit 32, #39 Exhibit Exhibit 33, #40 Exhibit Exhibit 34, #41 Exhibit Exhibit 35, #42 Exhibit Exhibit 36, #43 Exhibit Exhibit 37, #44 Exhibit Exhibit 38, #45 Exhibit Exhibit 39, #46 Exhibit Exhibit 40)(Lewis, Elizabeth) *Modified on 2/6/2024 to seal Exhibit 28 pending filing of motion to seal(KAH). |
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Filing 15
ORDER: Parties' Joint Motion For A Scheduling Order And To Expand The Word Limit (Doc. #14 ) is granted. Plaintiffs shall file their Motion for a Temporary Restraining Order and Preliminary Injunction by January 30, 2024; Federal Defendants shall file their Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by February 13, 2024; Plaintiffs shall file their Reply in Support of their Motion for a Temporary Restraining Order and Preliminary Injunction by February 20, 2024; Plaintiffs and Federal Defendants may file their motion and opposition, respectively, of up to forty (40) pages, and Plaintiffs may file their reply of up to twenty (20) pages. Signed by Judge Jennifer G Zipps on 1/30/24. (MYE)
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| Filing 14 Joint MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction and TRO by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Attachments: #1 Proposed Order Text of Proposed Order)(Lewis, Elizabeth) |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE: Amber Dutton-Bynum appearing for Deb Haaland, United States Bureau of Land Management, United States Department of Interior. . (Dutton-Bynum, Amber) |
| Remark: Pro hac vice motion(s) granted for Svend Brandt-Erichsen, Hilary Tompkins on behalf of Movant SunZia Transmission LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for William Stewart Eubanks, II on behalf of Plaintiffs Archaeology Southwest, Center for Biological Diversity. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Elizabeth Leigh Lewis on behalf of Plaintiffs Archaeology Southwest, Center for Biological Diversity. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 12 Corporate Disclosure Statement by SunZia Transmission, LLC identifying Corporate Parent SunZia Finco LLC for SunZia Transmission, LLC. (Imbornoni, Brian) |
| Filing 11 DECLARATION of Kevin Wetzel re: #10 MOTION to Intervene by Intervenor Defendant SunZia Transmission, LLC. (Imbornoni, Brian) |
| Filing 10 MOTION to Intervene by SunZia Transmission, LLC. (Attachments: #1 Proposed Order)(Imbornoni, Brian) |
| Filing 9 Summons Issued as to United States Bureau of Land Management. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 8 Corporate Disclosure Statement by Archaeology Southwest, Center for Biological Diversity. (Eubanks, William) |
| Filing 7 SUMMONS Submitted by Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (Lewis, Elizabeth) |
| Filing 6 Summons Issued as to Deb Haaland, United States Bureau of Land Management, United States Department of Interior. (Attachments: #1 Summons, #2 Summons, #3 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Archaeology Southwest, Center for Biological Diversity, San Carlos Apache Tribe, Tohono O'odham Nation. (SCA) |
| Filing 4 Filing fee paid, receipt number AAZDC-22665768. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-24-00034-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) |
| Filing 3 SUMMONS Submitted by Archaeology Southwest, Center for Biological Diversity. (Eubanks, William) (Attachments: #1 Summons, #2 Summons, #3 Summons)(SCA) |
| Filing 2 Corporate Disclosure Statement by Archaeology Southwest, Center for Biological Diversity. (Eubanks, William) (SCA) |
| Filing 1 COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-22665768 filed by Center for Biological Diversity, Archaeology Southwest. (Eubanks, William) (Attachments: #1 Attachment, #2 Civil Cover Sheet)(SCA) |
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