Augustine Band of Cahuilla Indians v. State of California, et al.
Plaintiff: Augustine Band of Cahuilla Indians
Defendant: State of California and Gov. Gavin Newsom
Case Number: 5:2023cv00620
Filed: April 7, 2023
Court: US District Court for the Central District of California
Presiding Judge: Kenly Kiya Kato
Referring Judge: Sunshine Suzanne Sykes
Nature of Suit: Other Statutory Actions
Cause of Action: 25 U.S.C. § 640 Indian Tribal Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2023 Opinion or Order Filing 38 ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 6/23/2023 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva)
April 12, 2023 Opinion or Order Filing 37 CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
April 11, 2023 Filing 36 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
April 11, 2023 Filing 35 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
April 11, 2023 Filing 34 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (lh)
April 11, 2023 Filing 33 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:21-cv-01509-AWI-SKO, from U.S. District Court Eastern District of California. The above-referenced case has been transferred to this district and assigned the above civil case number 5:23-cv-00620 SSS (KKx). (lh)
April 11, 2023 Filing 32 ORIGINAL file, certified copy of transfer order and docket sheet received from California Eastern
April 7, 2023 Opinion or Order Filing 31 ORDER on Defendants' #13 Motion to Transfer Venue, signed by District Judge Anthony W. Ishii on 4/6/2023. (Marrujo, C) [Transferred from California Eastern on 4/11/2023.]
March 21, 2023 Opinion or Order Filing 30 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/21/2023: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 4/4/2023, is CONTINUED to 7/13/2023, at 9:45 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W) [Transferred from California Eastern on 4/11/2023.]
January 12, 2023 Filing 29 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Beverly Jane Crue for Gavin Newsom,Beverly Jane Crue for State of California, attorney Timothy M. Muscat terminated (Crue, Beverly) [Transferred from California Eastern on 4/11/2023.]
January 3, 2023 Opinion or Order Filing 28 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 1/3/2023: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 1/10/2023, is CONTINUED to 4/4/2023, at 9:30 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W) [Transferred from California Eastern on 4/11/2023.]
August 24, 2022 Filing 27 NOTICE of RELATED CASE(S) 2:22-cv-01486-KJM-DMC by Alturas Indian Rancheria. (Peebles, John) [Transferred from California Eastern on 4/11/2023.]
July 20, 2022 Filing 26 NOTICE of RELATED CASE(S) 1:19-cv-00024-AWI-SKO, 1:20-cv-01147-AWI-SKO, 1:20-cv-01318-AWI_SKO, 1:20-cv-01539-AWI-SKO, 1:20-cv-01585-AWI-SKO, 1:20-CV-01630-AWI-SKO, 1:20-cv-01918-AWI-SKO, 1:21-cv-00579-AWI-SKO, 1:21-cv-01166-AWI-SKO, 2:21-CV-02284-AWI-SKO by Big Sandy Band of Western Mono Indians. (Peebles, John) [Transferred from California Eastern on 4/11/2023.]
July 18, 2022 Filing 25 CLERK'S NOTICE to Disregard #22 Notice of Related Case(s)- Docketed in Error and Wrong Attorney Added. (Martin-Gill, S) [Transferred from California Eastern on 4/11/2023.]
July 18, 2022 Opinion or Order Filing 24 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 7/18/2022: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 8/2/2022, is CONTINUED to 1/10/2023, at 9:30 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W) [Transferred from California Eastern on 4/11/2023.]
July 15, 2022 Filing 23 JOINT SCHEDULING REPORT by Gavin Newsom, State of California. (Muscat, Timothy) [Transferred from California Eastern on 4/11/2023.]
July 13, 2022 Filing 22 NOTICE of RELATED CASE(S) 1:19-cv-00024-AWI-SKO, 1:20-cv-01147-AWI-SKO, 1:20-cv-01318-AWI-SKO, 1:20-cv-01539-AWI-SKO, 2:20-cv-01585-AWI-SKO, 2:20-cv-01630-AWI-SKO, 2:20-cv-01918-AWI-SKO, 2:21-cv-00579-AWI-SKO, 2:21-cv-01166-AWI-SKO, 1:22-cv-00844-BAM by Augustine Band of Cahuilla Indians. Attorney Peebles, John M. added. (Peebles, John) [Transferred from California Eastern on 4/11/2023.]
June 29, 2022 Filing 21 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Timothy M. Muscat for Gavin Newsom,Timothy M. Muscat for State of California, attorney Colin Andrew Wood terminated (Muscat, Timothy) [Transferred from California Eastern on 4/11/2023.]
June 29, 2022 Filing 20 CLERK'S NOTICE : Attn: Timothy M. Muscat re #19 Notice - Other **Wrong Event Used**Your filing is entitled Notice of Change of Counsel within the Same Office which is a "Designation of Counsel". Please re-fileyour document using the event "Designation of Counsel". If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Martin-Gill, S) [Transferred from California Eastern on 4/11/2023.]
June 27, 2022 Filing 19 NOTICE Of Change of Counsel Within Same Office by Gavin Newsom, State of California. Attorney Muscat, Timothy M. added. (Muscat, Timothy) [Transferred from California Eastern on 4/11/2023.]
February 2, 2022 Opinion or Order Filing 18 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 2/2/2022: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 3/15/2022, is CONTINUED to 8/2/2022, at 9:45 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W) [Transferred from California Eastern on 4/11/2023.]
January 19, 2022 Opinion or Order Filing 17 MINUTE ORDER : (Text Only Entry) The Court has deemed the MOTION TO CHANGE VENUE, Doc. No. #13 , noticed for hearing on 1/24/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 1/19/2022. (Gonzales, V) [Transferred from California Eastern on 4/11/2023.]
January 14, 2022 Filing 16 REPLY by Gavin Newsom, State of California re #13 Motion to Change Venue, #14 Opposition to Motion. (Wood, Colin) [Transferred from California Eastern on 4/11/2023.]
December 20, 2021 Filing 15 NOTICE of RELATED CASE(S) 2:21-cv-02284-JAM by Berry Creek Rancheria of Maidu Indians of California. Attorney Cochrane, Kevin M. added. (Attachments: #1 Proof of Service)(Cochrane, Kevin) [Transferred from California Eastern on 4/11/2023.]
December 8, 2021 Filing 14 OPPOSITION by Augustine Band of Cahuilla Indians to #13 Motion to Change Venue,. (Attachments: #1 Declaration ISO Opposition to Motion)(Forman, George) [Transferred from California Eastern on 4/11/2023.]
November 19, 2021 Filing 13 MOTION to CHANGE VENUE by Gavin Newsom, State of California. Motion Hearing set for 1/24/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities, #2 Declaration of Colin A. Wood, #3 Request for Judicial Notice)(Wood, Colin) [Transferred from California Eastern on 4/11/2023.]
November 17, 2021 Filing 12 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 3/15/2022 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Consent Form, #2 VDRP) (Jessen, A) [Transferred from California Eastern on 4/11/2023.]
November 17, 2021 Opinion or Order Filing 11 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 11/17/2021: (Text Only Entry) In view of the reassignment of this case to Magistrate Judge Sheila K. Oberto as the assigned magistrate (see Doc. #10 ), the Scheduling Conference is hereby RESET to March 15, 2022, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The Clerk of Court is DIRECTED to issue the Civil New Case Documents pertinent to the undersigned.(Kusamura, W) [Transferred from California Eastern on 4/11/2023.]
November 16, 2021 Opinion or Order Filing 10 ORDER RELATING and REASSIGNING CASE signed by District Judge Anthony W. Ishii on 11/16/2021. New Case Number: 1:21-cv-1509 AWI-SKO. (Flores, E) [Transferred from California Eastern on 4/11/2023.]
November 8, 2021 Filing 9 ANSWER by Gavin Newsom, State of California. Attorney Wood, Colin Andrew added.(Wood, Colin) [Transferred from California Eastern on 4/11/2023.]
November 8, 2021 Filing 8 EX PARTE APPLICATION by Augustine Band of Cahuilla Indians for Relief from Order on Judicial Freeze. (Attachments: #1 Declaration of Amanda Vance ISO Request for Relief from Order on Judicial Freeze)(Forman, George) [Transferred from California Eastern on 4/11/2023.]
October 28, 2021 Opinion or Order Filing 7 ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Maldonado, C) [Transferred from California Eastern on 4/11/2023.]
October 27, 2021 Filing 6 SUMMONS RETURNED EXECUTED: State of California served on 10/18/2021, answer due 11/8/2021. (Forman, George) [Transferred from California Eastern on 4/11/2023.]
October 27, 2021 Filing 5 SUMMONS RETURNED EXECUTED: Gavin Newsom served on 10/20/2021, answer due 11/10/2021. (Forman, George) [Transferred from California Eastern on 4/11/2023.]
October 14, 2021 Filing 4 NOTICE of RELATED CASE(S) 1:20-cv-01539-AWI-SKO, 1:20-cv-01318-AWI-SKO, 2:20-cv-01585-AWI-SKO, 2:20-cv-01630-AWI-SKO, 1:19-cv-00024-AWI-SKO, 2:21-cv-01166-KJM-DB, 2:20-cv-01918-AWI-SKO, 2:21-cv-00579-AWI-SKO, 1:20-cv-01147-AWI-SKO by Augustine Band of Cahuilla Indians. (Forman, George) [Transferred from California Eastern on 4/11/2023.]
October 13, 2021 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 1/11/2022 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Rivera, O) [Transferred from California Eastern on 4/11/2023.]
October 13, 2021 Filing 2 SUMMONS ISSUED as to *Gavin Newsom, State of California* with answer to complaint due within *21* days. Attorney *George Forman* *Forman & Associates* *4340 Redwood Highway, Suite E352* *San Rafael, CA 94903*. (Rivera, O) [Transferred from California Eastern on 4/11/2023.]
October 12, 2021 Filing 1 COMPLAINT against State of California by Augustine Band of Cahuilla Indians. Attorney Forman, George added. (Filing fee $ 402, receipt number ACAEDC-9868056) (Attachments: #1 Civil Cover Sheet)(Forman, George) [Transferred from California Eastern on 4/11/2023.]

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Plaintiff: Augustine Band of Cahuilla Indians
Represented By: Jay Brian Shapiro
Represented By: John M Peebles
Represented By: Margaret Crow Rosenfeld
Represented By: George Forman
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Defendant: State of California
Represented By: Beverly Jane Crue
Represented By: Colin A Wood
Represented By: Timothy M Muscat
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Defendant: Gov. Gavin Newsom
Represented By: Beverly Jane Crue
Represented By: Colin A Wood
Represented By: Timothy M Muscat
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