Chemehuevi Indian Tribe et al v. John McMahon et al
| Chemehuevi Indian Tribe, Chelsea Lynn Bunim, Tommie Robert Ochoa, Jasmine Sancoucie and Naomi Lopez |
| John McMahon, Ronald Sindelar, Michael Ramos, Jean Rene Basle and Miles Kowalski |
| 5:2015cv01538 |
| July 30, 2015 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Frederick F Mumm |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 118
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #95 filed by Chelsea Lynn Bunim, Jasmine Sancoucie, Naomi Lopez, Tommie Robert Ochoa, Chemehuevi Indian Tribe. CCA # 17-56791. Appellants' unopposed motion to withdraw their application for attorneys' fees is granted. The court shall take no further action on the motion for attorneys' fees. (gk)
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| Filing 117 NOTICE of Change of Attorney Business or Contact Information: for attorney Lester J Marston counsel for Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. Changing E-mail to ljmarston@rmlawoffice.net. Filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 116 JUDGMENT by Judge Dolly M. Gee: Upon Stipulation #115 , IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of the plaintiffs and against the defendants as follows: The County of San Bernardino, its officers, agents, and employees are permanently enjoined from issuing citations to or prosecuting enrolled members of the Chemehuevi Indian Tribe for California Vehicle Code civil regulatory violations, etc. Within 60 days from the date of entry of this judgment, the parties shall begin negotiations and negotiate in good faith to conclude an intergovernmental agreement or memorandum of understanding ("Agreement") addressing law enforcement activity by County officers, agents and employees within the exterior boundaries of the Reservation. Chelsea Lynn Bunim, Tommie Robert Ochoa, Naomi Lopez, and Jasmine Sansoucie are each awarded $10,000 as full and complete compensation for any and all damage claims that they may have against the Defendants arising from the facts alleged in the Amended Complaint filed by the plaintiffs in this case. Bunim, Ochoa, Lopez, and Sansoucie are awarded their reasonable attorney fees and costs, the exact amount of which shall be determined by a subsequent stipulation of the parties filed with the Court or, if the parties cannot agree on the amount of fees and costs the plaintiffs are entitled to, the Court shall determine the amount of plaintiffs' attorney's fees and costs upon the plaintiffs filing an appropriate motion for attorney's fees with the Court. All scheduled dates and deadlines are VACATED. See document for further details. (MD JS-6, Case Terminated). (gk) |
| Filing 115 STIPULATION for Judgment as to For Entry of Findings of Fact, Conclusions of Law, and Judgment Pursuant Thereto filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit A- Map of Reservation, #2 Exhibit B- Satisfaction of Judgment Form, #3 Judgment)(Marston, Lester) |
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Filing 114
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed the parties' Joint Status Report #112 . The parties shall file a further Joint Status Report by April 28, 2020 if a stipulation for entry of judgment has not been filed by that time. In the future, any proposed orders submitted for the Courts consideration shall be in a separate attachment. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Status Report #112 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. The Proposed Order is on pages 3 and 4. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 112 STATUS REPORT and Order Thereon filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 111 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court and counsel confer. A joint status report is due by March 31, 2020. Court Reporter: Amy Diaz. (yl) |
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Filing 110
MINUTES OF IN CHAMBERS - ORDER RE SCHEDULING AND CASE MANAGEMENT ORDER FOR COURT TRIAL by Judge Dolly M. Gee: Attached hereto is the scheduling and case management order for court trial. Bench Trial set for 9/8/2020 09:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 8/11/2020 02:00 PM before Judge Dolly M. Gee. See document for further details. Court Reporter: Not Reported. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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| Filing 109 MINUTES OF Telephonic Status Conference held before Judge Dolly M. Gee: The Court and counsel confer. This matter is continued for a Further Telephonic Status Conference on 3/13/2020 09:30 AM before Judge Dolly M. Gee. No later than two days before the hearing, counsel shall contact the courtroom deputy clerk to receive the conference bridge line information. The Court issues the scheduling and case management order with further deadlines. Counsel are reminded of their obligations and requirements to timely and fully comply with all orders. Court Reporter: Sheri Kleeger. (gk) |
| Filing 108 MINUTES OF Status Conference held before Judge Dolly M. Gee: The Court and counsel confer. This matter is continued for a further Telephonic Status Conference on 1/10/2020 09:30 AM before Judge Dolly M. Gee. No later than two days before the hearing, counsel shall contact the courtroom deputy clerk at dmg_chambers@cacd.uscourts.gov to receive the conference bridge line information. Please note that a landline telephone must be used to call-in. Court Reporter: Lisa Gonzalez. (gk) |
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Filing 107
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court hereby sets a status conference on December 13, 2019 at 9:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 106 STATUS REPORT filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
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Filing 105
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The parties shall file a further Joint Status Report by December 4, 2019. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 104
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #95 filed by Chelsea Lynn Bunim, Jasmine Sancoucie, Naomi Lopez, Tommie Robert Ochoa, Chemehuevi Indian Tribe. CCA # 17-56791. The motion for attorneys' fees on appeal by appellants Chelsea Lynn Bunim, Tommie Robert Ochoa, Jasmine Sansoucie, and Naomi Lopez is granted, but limited to fees reasonably incurred for litigating the prevailing claims of these tribal members, not any claims of the Tribe. The determination of an appropriate amount of fees is referred to the Appellate Commissioner who shall conduct whatever proceedings he deems appropriate, and who shall have authority to enter an order awarding fees. (gk)
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| Filing 103 STATUS REPORT JOINT filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 102 Notice of Electronic Filing re Minutes of In Chambers Order/Directive - no proceeding held,, Case Reopened, #101 e-mailed to Jean-Rene Claude Basle bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
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Filing 101
MINUTES (IN CHAMBERS) ORDER ON MANDATE OF THE NINTH CIRCUIT COURT OF APPEALS by Judge Dolly M. Gee: THE COURT REVIEWS the mandate (judgment or order) of the Ninth Circuit Court of Appeals #100 , Affirming, Vacating, and Remanding. The parties are ordered to meet and confer and submit a joint status report by 10/25/2019. (Case reopened. MD JS-5.) Court Reporter: Not Reported. (gk)
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| Filing 100 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #95 , CCA # 17-56791. The judgment of this Court, entered August 19, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #99 AFFIRMED in part, VACATED and REMANDED in part. Each party shall bear its own costs.] (mat) |
| Filing 99 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #95 filed by Chelsea Lynn Bunim, Jasmine Sancoucie, Naomi Lopez, Tommie Robert Ochoa, Chemehuevi Indian Tribe. CCA # 17-56791. The decision of the district court is AFFIRMED in part, VACATED and REMANDED in part. Each party shall bear its own costs. (gk) |
| Filing 98 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/11/17 re Transcript #97 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 97 TRANSCRIPT for proceedings held on 7/11/17 - 11a.m.. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/18/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/26/2018. (Kielwasser, Anne) |
| Filing 96 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56791 assigned to Notice of Appeal to 9th Circuit Court of Appeals #95 as to Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (gk) |
| Filing 95 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs-Appellants Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. Appeal of Order on Motion to Alter Judgment, #94 , Judgment #85 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20887415.) (Attachments: #1 Representation Statement, #2 Attachment of Judgment Entered 09/05/17, #3 Attachment of Order re Rule 59(e) Entered 10/31/17, #4 Certificate of Service)(Marston, Lester) |
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Filing 94
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S AMENDED MOTION TO ALTER OR AMEND THE JUDGMENT #89 by Judge Dolly M. Gee: In light of the foregoing, Plaintiffs' motion to alter or amend judgment is DENIED. The November 3, 2017 hearing is VACATED. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 93 REPLY TO THE DEFENDANTS' OPPOSITION TO PLAINTIFFS' RULE 59(e) MOTION filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 92 Opposition re: to Alter Judgment #89 Defendants' Opposition to Plaintiffs' Request for Judicial Notice in Support of Amended Motion to Alter or Amend the Court's September 5, 2017 Judgment filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 91 Opposition re: to Alter Judgment #89 Defendants' Opposition to Plaintiffs' Amended Motion to Alter or Amend the Court's September 5, 2017 Judgment filed by Defendants John McMahon, Ronald Sindelar. (Attachments: #1 Proposed Order)(Murphy, Shaun) |
| Filing 90 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF AMENDED NOTICE OF MOTION AND MOTION TO ALTER OR AMEND THE COURTS SEPTEMBER 5, 2017 JUDGMENT filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit A- Ledger, #2 Proposed Order)(Marston, Lester) |
| Filing 89 Amendment to NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #85 . AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #86 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit A- Indian Claims Commission Map)(Marston, Lester) Modified on 9/27/2017 (gk). |
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Filing 88
MINUTES (IN CHAMBERS) - ORDER DENYING PLAINTIFFS' MOTION TO ALTER OR AMEND JUDGMENT #86 by Judge Dolly M. Gee: On September 26, 2017, Plaintiffs Chemehuevi Indian Tribe, Chelsea L. Bunim, Tommie R. Ochoa, Jasmine Sansoucie, and Naomi Lopez filed a motion to alter or amend the judgment. [Doc. # 86.] The notice of motion does not contain a statement required by Local Rule 7-3 indicating that counsel conferred regarding the instant motion. See C.D. Cal. L.R. 7-3. Accordingly, due to failure to comply with Local Rule 7-3, the Court DENIES Plaintiffs motion to alter or amend the judgment without prejudice to refiling after compliance. The November 3, 2017 hearing is therefore VACATED. IT IS SO ORDERED. (clee)
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| Filing 87 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #85 . AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #86 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit A- Ledger Map, #2 Proposed Order)(Marston, Lester) |
| Filing 86 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #85 . AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. Motion set for hearing on 11/3/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A- Indian Claims Commission Map) (Marston, Lester) |
| Filing 85 JUDGMENT by Judge Dolly M. Gee: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Defendants and against Plaintiffs. (MD JS-6, Case Terminated). (gk) |
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Filing 84
ORDER RE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Dolly M. Gee: The Court DENIES Plaintiffs' motion for partial summary judgment on the issue of whether Section 36 is within the boundaries of the Reservation or Indian country #61 . The Court GRANTS Defendants' summary judgment motion in its entirety #57 . The Court will enter judgment forthwith in favor of Defendants. (gk)
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Filing 83
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court hereby VACATES the Final Pretrial Conference on August 29, 2017 and the Court Trial on September 26, 2017. The trial dates will be rescheduled after the ruling on the motions for summary judgment #57 #60 have been issued. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 82 MINUTES OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT held before Judge Dolly M. Gee. The cause is called and counsel state their appearance. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motions shall be taken under submission and a written order will issue. Court Reporter: Anne Kielwasser. (iv) |
| Filing 81 DECLARATION of Lester J. Marston re Minutes of In Chambers Order/Directive - no proceeding held,,,,, #80 In Response To Court's Clarification of Prior Request For Supplemental Information Dated July 7, 2017 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Amended Exhibit Binder Table of Contents)(Marston, Lester) |
| Filing 80 MINUTES OF IN CHAMBERS - CLARIFICATION OF PRIOR REQUEST FOR SUPPLEMENTAL INFORMATION by Judge Dolly M. Gee: In its 6/29/2017 Order requesting supplemental information, the Court stated that Plaintiffs failed to submit any declaration to authenticate or attest to the admissibility of its 25 exhibits #75 . The Court recognizes that Plaintiffs did submit a Statement of Uncontroverted Facts ("SUF") and Supporting Evidence supporting its partial summary judgment motion #61 -3. In this SUF, Plaintiffs assert that each of the exhibits are true and correct copies. The SUF, however, is not a declaration. The Court needs declarations that can authenticate all 25 exhibits, identified by their exhibit number in connection with the motion for partial summary judgment. The Court orders Plaintiffs to file on the docket an amended version of the Exhibits Binder's Table of Contents. For each exhibit, it shall identify the docket number of any earlier-filed declaration that authenticates that exhibit. To the extent no prior declaration exists on the docket, Plaintiffs shall submit a new declaration that can authenticate that particular exhibit. Plaintiffs shall file this amended Table of Contents and any supporting declarations--to the extent needed--by Monday, 7/10/2017. Court Reporter: Not Reported. (gk) |
| Filing 79 OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 Defendants' Response to Plaintiffs' Supplemental Information Submitted Pursuant to the Court's Order Dated June 29, 2017 filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 78 OBJECTION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 Defendants' Objections to Plaintiffs' Supplemental Information Submitted Pursuant to the Court's Order Dated June 29, 2017 filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 77 DECLARATION of Stan Webb re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Motion Hearing and R&R Deadlines, #75 In Response To Court Order Dated June 29, 2017 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit A: Grazing Map, #2 Exhibit B: Realty Office Map, #3 Exhibit C: Court Ordered Map)(Marston, Lester) |
| Filing 76 DECLARATION of Lester J. Marston re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Motion Hearing and R&R Deadlines, #75 In Response To Court Order Dated June 29, 2017 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit A: Grazing Map, #2 Exhibit B: Realty Office Map, #3 Exhibit C: Court Ordered Map)(Marston, Lester) |
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Filing 75
MINUTE (IN CHAMBERS) ORDER REQUEST FOR SUPPLEMENTAL INFORMATION by Judge Dolly M. Gee: Plaintiffs shall submit the document(s) described above by Wednesday, July 5, 2017 at 5:00 p.m. Any response from Defendants must be filed by Friday, July 7, 2017 at 5:00 p.m. The hearing on Plaintiffs' and Defendants' summary judgment motions is CONTINUED from Friday, June 30, 2017 to Tuesday, July 11, 2017 at 11:00 a.m. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Corrected Plaintiffs' Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs' Motion for Partial Summary Judgment #67 . The following error(s) was found: Other error(s) with document(s) are specified below: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging, Local Rule 5-4.4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (clee) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement of Uncontroverted Facts and Conclusions #59 . The following error(s) was found: The document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 57, or a Notice of Lodging, Local Rule 5-4.4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 72 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment and Defendants' motion for Summary Judgment)(Marston, Lester) |
| Filing 71 REPLY in Support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Reply to Defendants' Opposition to Request for Partial Summary Judgment)(Marston, Lester) |
| Filing 70 OBJECTION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 Defendants' Objections to Plaintiffs' "Corrected" Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 69 Opposition in opposition to re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissing Plaintiff's Complaint #57 Defendants' Opposition to Request for Judicial Notice Submitted in Support of Plaintiffs' Opposition to Motion for Summary Judgment; or in the Alternative, for Partial Summary Judgment [FRCP 56] filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 68 REPLY to Opposition NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissing Plaintiff's Complaint #57 filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 67 STATEMENT of Plaintiffs' Corrected Statement of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 66 Objection Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 Defendants' Objections to Evidence Submitted by Plaintiffs filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 65 Opposition In Opposition to re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 Defendants' Opposition to Request for Judicial Notice filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 64 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissing Plaintiff's Complaint #57 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Statement of Evidentiary Objections in Opposition, #2 Statement of Genuine Disputes of Material Fact and Additional Material Facts in Opposition, #3 Request for Judicial Notice in Opposition, #4 Exhibit Exhibit 1 to Plaintiffs' Request for Judicial Notice)(Marston, Lester) |
| Filing 63 STATEMENT Genuine Disputes of Material Fact in Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Defendants John McMahon, Ronald Sindelar re: Objection/Opposition (Motion related), #62 . (Murphy, Shaun) |
| Filing 62 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status #61 filed by Defendants John McMahon, Ronald Sindelar. (Attachments: #1 Proposed Order [Proposed] Order Denying Plaintiffs' Motion for Partial Summary Judgment)(Murphy, Shaun) |
| Filing 61 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Claims re: Indian Country Status filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. Motion set for hearing on 6/30/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Partial Summary Judgment, #2 Declaration Declaration of Lester J. Marston in Support of Motion, #3 Plaintiffs' Statement of Uncontorverted Facts and Supporting Evidence in Support of Motion, #4 Exhibit Exhibits 1 - 7, #5 Exhibit Exhibits 8 - 13, #6 Exhibit Exhibits 14 - 21, #7 Exhibit Exhibits 22 - 25, #8 Plaintiffs' Request for Judicial Notice, #9 Exhibit Exhibits A - E, #10 Exhibit Exhibits F - J) (Marston, Lester) |
| Filing 60 Stipulation Narrowing The Issues In The Case filed by Plaintiff Chemehuevi Indian Tribe (Marston, Lester) |
| Filing 59 STATEMENT Uncontroverted Facts and Conclusions of Law filed by Defendants John McMahon, Ronald Sindelar re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissing Plaintiff's Complaint #57 . (Murphy, Shaun) |
| Filing 58 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissing Plaintiff's Complaint #57 filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 57 NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissing Plaintiff's Complaint filed by Defendants John McMahon, Ronald Sindelar. Motion set for hearing on 6/30/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order [Proposed] Judgment Granting Defendants' Motion for Summary Judgment, #2 Proposed Order [Proposed] Order Granting Defendants' Motion for Partial Summary Judgment) (Murphy, Shaun) |
| Filing 56 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 55
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dolly M. Gee. Case ordered to Magistrate Judge Frederick F. Mumm for Settlement Conference. ADR Proceeding to be held no later than 8/1/2017. Joint status report re settlement due by 8/8/2017; no appearance necessary. (gk)
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Filing 54
SCHEDULING AND CASE MANAGEMENT ORDER FOR COURT TRIAL by Judge Dolly M. Gee. Bench Trial set for 9/26/2017 09:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 8/29/2017 02:00 PM before Judge Dolly M. Gee. Amended Pleadings and Addition of Parties Cut-Off 11/17/2016. Non-Expert Discovery cut-off 5/23/2017. Motions due by 6/2/2017. Settlement Conference Completion Date by 8/1/2017. Motions in Limine to be filed by 8/7/2017. Status Report re Settlement due by 8/8/2017. Proposed Pretrial Conference Order due by 8/18/2017. Exhibit List due by 8/18/2017. Witness List due by 8/18/2017. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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| Filing 53 JOINT RULE 26(f) REPORT filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Ronald Sindelar. (Attachments: #1 Exhibit A)(Murphy, Shaun) |
| Filing 52 DECLARATION of Miles Kowalski re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Terminate Deadlines and Hearings,,,,,, Set/Reset Deadlines/Hearings,,,,, #51 Verifying Compliance with the Court's Order Dated August 16, 2016 filed by Defendants John McMahon, Ronald Sindelar. (Kowalski, Miles) |
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Filing 51
MINUTES OF ORDER RE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: Plaintiffs' motion for preliminary injunction #13 is GRANTED. During the pendency of this action, Defendants and their agents or representatives are hereby enjoined: (1) From citing, arresting, impounding the vehicles of, and prosecuting Chemehuevi tribal members for on-reservation violations of California Vehicle Code Sections 4000(a)(1), 16028(a), and 14601.1(a) (where suspension of a driver's license stems from violation of a civil/regulatory law) on Section 36; (2) From prosecuting Plaintiff Bunim in the Superior Court of San Bernardino County in the case of People of the State of California v. Chelsea Lynn Bunim, Case No. 3457605CB; and (3) From prosecuting Plaintiff Ochoa in the Superior Court of San Bernardino County in the case of People of the State of California v. Tommie Robert Ochoa, Case No. 3114197TO. Within 10 business days from the date of this Order, the Defendants shall serve and file a declaration verifying that they have complied with this Order and detailing what steps, if any, they have taken to do so. The parties shall meet and confer within 10 business days from the date of this Order and file an Amended Joint Rule 26(f) Report by no later than 9/2/2016, with proposed new dates and deadlines governing the litigation of this matter. Court Reporter: Not Reported. (gk)
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| Filing 50 NOTICE of Association of Counsel associating attorney Miles Kowalski on behalf of Defendants John McMahon, Ronald Sindelar. Filed by Defendants John McMahon, Ronald Sindelar (Attorney Miles Kowalski added to party John McMahon(pty:dft), Attorney Miles Kowalski added to party Ronald Sindelar(pty:dft))(Kowalski, Miles) |
| Filing 49 RESPONSE filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucieto Objection #47 Plaintiffs Response to Defendants Objections to Plaintiffs Response to the Courts Request for Supplemental Information (Marston, Lester) |
| Filing 48 NOTICE of Manual Filing filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos of Certified Copy of 2/2/1907 Order; Certified Copy of survey map. (Murphy, Shaun) |
| Filing 47 OBJECTIONS to Supplement, #45 Evidence Submitted by Plaintiffs in Response to Court's Request for Supplemental Information filed by Defendants John McMahon, Ronald Sindelar. (Murphy, Shaun) |
| Filing 46 SUPPLEMENT to Supplement, #45 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit, #2 Certificate of Service)(Marston, Lester) |
| Filing 45 SUPPLEMENT to Minutes of In Chambers Order/Directive - no proceeding held,,,, #42 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Exhibit 1-10, #2 Declaration Stan Webb and Exhibits A-B)(Marston, Lester) |
| Filing 44 DECLARATION of Shaun M. Murphy in Support of Supplemental Information Submitted by Defendants Pursuant to Court's March 25, 2016 Order filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Murphy, Shaun) |
| Filing 43 STIPULATION to Dismiss Defendant Jean Rene Basle, Miles Kowalski, Michael Ramos filed by Plaintiffs Jasmine Sancoucie, Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Tommie Robert Ochoa, Naomi Lopez.(Marston, Lester) |
| Filing 42 MINUTES OF IN CHAMBERS - REQUEST FOR SUPPLEMENTAL INFORMATION by Judge Dolly M. Gee: On 3/18/2016, the Court held a hearing on Plaintiffs' preliminary injunction motion #13 , #38 . Having considered the parties' written and oral submissions, the Court requests that the parties file the following supplemental information and evidence within seven days. The Court requests that the parties submit a copy of the Secretary's full and complete February 2, 1907 Order. The Court requests that the parties submit any additional existing physical rendering of the Chemehuevi Reservation's boundaries that post-date 1907. Any such evidence must be accompanied by a supporting declaration authenticating the document. The parties shall also authenticate the 1931 grazing map and, if possible, provide evidence regarding the circumstances of its creation. The Court requests the parties to submit evidence (e.g., statute, patent) pertaining to the grant of Section 36 to California on July 10, 1895 or direct the Court to that portion of the record where it can be found. Court Reporter: Not Reported. (gk) |
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Filing 41
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. On March 23, 2016 and March 25, 2016, counsel e-filed letters to the Court #39 #40 . Pursuant to Local Rule 83-5.2, counsel shall not submit letters to the Court. Filings with the Court shall conform with Local Rule 11-3. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 40 RESPONSE filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelarto Notice (Other), #39 to Plaintiff's March 23, 2016 Letter to The Court (Murphy, Shaun) |
| Filing 39 NOTICE filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. Letter re: (1) the Supreme Court Order List of March 21, 2016 denying certiorari in Wasatch County, et al., v. Ute Indian Tribe, Petition for Writ of Certiorari No. 15-640, and Uintah County v. Ute Indian Tribe, No. 15-641, and (2) the Supreme Court Decision in Nebraska, et al. v. Parker, et al., 577 U.S. ___ (2016). (Marston, Lester) |
| Filing 38 MINUTES OF Motion Hearing and Scheduling Conference held before Judge Dolly M. Gee: The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the Motion for Order to Show Cause Re: Preliminary Injunction #13 shall be taken under submission and a written order will issue. Court Reporter: Anne Kielwasser. (gk) |
| Filing 37 OBJECTIONS to Supplement(Motion related), #30 PLAINTIFFS OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS SUPPLEMENTAL BRIEF filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 36 RESPONSE filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucieto Supplement(Motion related), #30 PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF PLAINTIFFS SUPPLEMENTAL BRIEF (Marston, Lester) |
| Filing 35 OPPOSITION To Plaintiff's March 2, 2016 Supplemental Brief filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar. (Attorney Shaun M Murphy added to party Jean Rene Basle(pty:dft), Attorney Shaun M Murphy added to party Miles Kowalski(pty:dft), Attorney Shaun M Murphy added to party John McMahon(pty:dft), Attorney Shaun M Murphy added to party Michael Ramos(pty:dft), Attorney Shaun M Murphy added to party Ronald Sindelar(pty:dft))(Murphy, Shaun) |
| Filing 34 MINUTES (IN CHAMBERS) NOTICE TO ALL PARTIES RE CONTINUANCE OF HEARING DATE by Judge Dolly M. Gee: The Court sua sponte continues the Scheduling Conference and Motion for Order to Show Cause Re: Preliminary Injunction #13 hearing, originally set for March 11, 2016 to March 18, 2016 at 9:30 a.m. IT IS SO ORDERED. (clee) |
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Filing 33
ORDER RE STIPULATION TO FILE SUPPLEMENTAL BRIEFS by Judge Dolly M. Gee: Upon Stipulation #31 , IT IS HEREBY ORDERED, that: (1) On or before 3/2/2016, Plaintiffs shall file a supplemental brief on the limited topic of whether the 6/28/2010 Trust Patent issued by the Bureau of Land Management created the Chemehuevi Indian Reservation and established its boundaries. Plaintiffs' supplemental brief shall not exceed 5 pages, exclusive of declarations and exhibits. (2) On or before 3/9/2016, Defendants shall file a brief in response to Plaintiffs supplemental brief. Defendants' supplemental brief shall not exceed 5 pages, exclusive of declarations and exhibits. (gk)
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| Filing 32 Supplemental March 2, 2016 BRIEF filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. regarding Supplement(Motion related), #30 . (Marston, Lester) |
| Filing 31 STIPULATION to Produce Supplemental Brief filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Proposed Order)(Marston, Lester) |
| Filing 30 SUPPLEMENT AL Brief in Response to Court's February 5, 2016 Order filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar. (Attachments: #1 Supplement Objections to Evidence Submitted in Support of Plaintiffs' Supplemental Brief, #2 Declaration of Katelyn Empey ISO Defendant's Supplemental Brief, #3 Declaration of Britt ISO Defendants' Supplemental Brief)(Slovak, Thomas) |
| Filing 29 EXHIBIT Filed filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. Exhibit D to the Declaration of Brian Mcdonald in Support of Plaintiffs Supplemental Brief as to Supplement,,, #28 . (Marston, Lester) |
| Filing 28 SUPPLEMENT to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #27 filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Declaration of Charles Wood in Support of Plaintiffs Supplemental Brief, #2 Declaration of Debra Savage in Support of Plaintiffs Supplemental Brief, #3 Declaration of Leona Gordon in Support of Plaintiffs Supplemental Brief, #4 Declaration of Brian McDonald in Support of Plaintiffs Supplemental Brief, #5 Exhibit A-C, #6 Declaration of Lester J. Marston in Support of Plaintiffs Supplemental Brief, #7 Exhibit A-G, #8 Exhibit H-M, #9 Plaintiffs Request for Judicial Notice in Support of Supplemental Brief)(Marston, Lester) |
| Filing 27 MINUTES OF IN CHAMBERS - REQUEST FOR SUPPLEMENTAL BRIEFING by Judge Dolly M. Gee: Having reviewed the parties' written submissions re Plaintiffs' Motion for a Preliminary Injunction #13 , the Court requests that the parties file supplemental briefing and evidence addressing questions and concerns in this order. Plaintiffs may file a supplemental brief by 2/12/2016, and Defendants may file their response by 2/19/2016. The Court VACATES the 2/5/2016 hearing and sets a new hearing on the Motion for Preliminary Injunction and Scheduling Conference for 3/11/2016 03:00 PM before Judge Dolly M. Gee. Court Reporter: Not Reported. (gk) |
| Filing 26 REPLY To Defendants' Supplemental Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Evidentiary Objections To Defendants Supplemental Opposition Declarations And Response To Defendants Evidentiary Objections, #2 Declaration, #3 Exhibit A-E)(Marston, Lester) |
| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10, filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie.. (Attachments: #1 Exhibit A)(Marston, Lester) |
| Filing 24 Supplemental Opposition to Plaintiffs' Motion for Preliminary Injunction Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Order To Show Cause Re: Preliminary Injunction #13 filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar. (Attachments: #1 Supplement, #2 Supplement, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Proposed Order)(Slovak, Thomas) |
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Filing 23
ORDER RE CONTINUING HEARING ON MOTION FOR PRELIMINARY INJUNCTION #22 by Judge Dolly M. Gee: 1. The hearing on Plaintiffs Motion for Preliminary Injunction [Doc. # 13] is continued to February 5, 2016 at 11:00 a.m. 2. The briefing schedule for Plaintiffs Motion for Preliminary Injunction is modified as follows: a. January 15, 2016: Defendants Supplemental Opposition to Plaintiffs Motion for Preliminary Injunction b. January 22, 2016: Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Preliminary Injunction. 3. The Scheduling Conference originally set for October 23, 2015, is continued to February 5, 2016 at 11:00 a.m. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare the Joint Rule 26(f) Report to be filed 14 days before the Scheduling Conference. (lc) Modified on 10/2/2015 (lc).
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| Filing 22 STIPULATION to Continue HEARING ON PRELIMINARY INJUNCTION & SCHEDULING CONFERENCE from OCTOBER 23, 2015 to FEBRUARY 5, 2016 Re: Set/Reset Hearing, Initial Order Setting R26 Scheduling Conference - form only #21 , Stipulation and Order,, Set/Reset Hearing, #19 , EX PARTE APPLICATION for Temporary Restraining Order as to Order To Show Cause Re: Preliminary Injunction #13 filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar. (Attachments: #1 Proposed Order)(Slovak, Thomas) |
| Filing 21 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Scheduling Conference set for 10/23/2015 at 3:30 PM. (SEE DOCUMENT FOR FURTHER DETAILS) (vv) |
| Filing 20 ANSWER to Amended Complaint/Petition, #11 JURY DEMAND. filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar.(Slovak, Thomas) |
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Filing 19
ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY INJUNCTION #18 by Judge Dolly M. Gee: The hearing on Plaintiffs Motion for Preliminary Injunction #13 shall be continued from September 11, 2015 to October 23, 2015 at 3:30 p.m. (See order for details.) (kti)
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| Filing 18 STIPULATION to Continue Preliminary Injunction Hearing from September 11, 2015 to October 23, 2015 filed by Defendant John McMahon. (Attachments: #1 Proposed Order Proposed Order)(Attorney Thomas S Slovak added to party John McMahon(pty:dft))(Slovak, Thomas) |
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Filing 17
ORDER by Judge Dolly M. Gee: granting #16 Application to Substitute Attorney John O Pinkney, Esq. Added attorney John O Pinkney for Jean Rene Basle,John O Pinkney for Miles Kowalski,John O Pinkney for John McMahon,John O Pinkney for Michael Ramos,John O Pinkney for Ronald Sindelar. Attorney Teresa M McGowan terminated (shb)
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| Filing 16 Request for Approval of Substitution or Withdrawal of Counsel and (Proposed) Order on Request for Approval of Substitution of Attorney filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar (Attachments: #1 Proposed Order)(McGowan, Teresa) Modified on 8/20/2015 (shb). |
| Filing 15 MINUTES (IN CHAMBERS) by Judge Dolly M. Gee: ORDER DENYING PLAINTIFFSEX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING BRIEFING SCHEDULE REGARDING MOTION FOR PRELIMINARY INJUNCTION #13 . The Court sets a hearing regarding the preliminary injunction motion on Friday, September 11, 2015 at 4:00 p.m. Defendants may file a supplemental opposition by August 21,2015 and Plaintiffs may file a reply by Friday, August 28, 2015. The Court requests that the parties address the following issues in their briefs: (1) whether the Younger abstention doctrine has any application to the pending criminal proceedings and (2) the amount of an appropriate bond if injunctive relief is granted. (lc) |
| Set hearings re motion for order to show cause re Preliminary injunction Hearing set for 9/11/2015 04:00 PM before Judge Dolly M. Gee.(lc) |
| Filing 14 Opposition to Application for Restraining Order and Request for Judicial Notice; Declaration of Miles Kowalski in Support Thereof Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Order To Show Cause Re: Preliminary Injunction #13 filed by Defendants Jean Rene Basle, Miles Kowalski, John McMahon, Michael Ramos, Ronald Sindelar. (Attachments: #1 Declaration, #2 Exhibit)(Attorney Teresa M McGowan added to party Jean Rene Basle(pty:dft), Attorney Teresa M McGowan added to party Miles Kowalski(pty:dft), Attorney Teresa M McGowan added to party John McMahon(pty:dft), Attorney Teresa M McGowan added to party Michael Ramos(pty:dft), Attorney Teresa M McGowan added to party Ronald Sindelar(pty:dft))(McGowan, Teresa) |
| Filing 13 EX PARTE APPLICATION for Temporary Restraining Order as to Order To Show Cause Re: Preliminary Injunction filed by Plaintiff Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Attachments: #1 Memorandum, #2 June Leivas, #3 Lee Ann Potts, #4 Jasmine Sansoucie, #5 Chelsea Lynn Bunim, #6 Naomi Renee Lopez, #7 Tommie Robert Ochoa, #8 Lester J. Marston, #9 Proposed Order, #10 Proof of Service) (Marston, Lester) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Jasmine Sancoucie, Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Tommie Robert Ochoa, Naomi Lopez, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon JOHN McMAHON, in his official capacity as Sheriff of San Bernardino County, RONALD SINDELAR, in his official capacity as Deputy Sheriff for San Bernardino County, MICHAEL RAMOS, in his official capacity as the District Attorney of San Bernardino County, JEAN RENE BASLE, in her official capacity as County Counsel for San Bernardino County, and MILES KOWALSKI, in his official capacity as Deputy County Counsel for San Bernardino County in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons returned. (Marston, Lester) |
| Filing 11 First AMENDED COMPLAINT against John McMahon, et al. All Defendants amending Complaint (Attorney Civil Case Opening),, #1 , filed by Chemehuevi Indian Tribe, Plaintiffs Jasmine Sancoucie, Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Tommie Robert Ochoa, Naomi Lopez (Marston, Lester) |
| Filing 10 NOTICE of Interested Parties filed by Chemehuevi Indian Tribe and All Plaintiffs, identifying individuals with possible ownership claims to Section 36 located within the boundaries of the Chemehuevi Indian Reservation. (Marston, Lester) |
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Filing 9
MINUTE ORDER IN CHAMBERS: PILOT PROJECT RE SEALED DOCUMENTS by Judge Dolly M. Gee. (See order for details.) (kti)
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (See order for details.) (kti)
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| Filing 7 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Complaint (Attorney Civil Case Opening),, #1 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (de) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to defendants Jean Rene Basle, John McMahon, Michael Ramos, Ronald Sindelar. (de) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (de) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Frederick F. Mumm. (de) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Naomi Lopez, Tommie Robert Ochoa, Jasmine Sancoucie. (Marston, Lester) |
| Filing 1 COMPLAINT Receipt No: 0973-16178083 - Fee: $400, filed by Plaintiff Jasmine Sancoucie, Chelsea Lynn Bunim, Chemehuevi Indian Tribe, Tommie Robert Ochoa, Naomi Lopez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Lester J Marston added to party Chelsea Lynn Bunim(pty:pla), Attorney Lester J Marston added to party Chemehuevi Indian Tribe(pty:pla), Attorney Lester J Marston added to party Tommie Robert Ochoa(pty:pla), Attorney Lester J Marston added to party Jasmine Sancoucie(pty:pla), Attorney Lester J Marston added to party Naomi Lopez(pty:pla))(Marston, Lester) |
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