Big Sandy Rancheria Enterprises v. Becerra et al
| Big Sandy Rancheria Enterprises |
| Xavier Becerra and Nicolas Maduros |
| 1:2018cv00958 |
| July 13, 2018 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Dale A Drozd |
| Erica P Grosjean |
| Constitutional - State Statute |
| 25 U.S.C. § 640 |
| None |
Docket Report
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| Filing 49 USCA ORDER as to #46 Notice of Appeal, filed by Big Sandy Rancheria Enterprises. Within 14 days after the date of this order, appellant shall file an opening brief that does not exceed 14,000 words. (Marrujo, C) |
| Filing 48 USCA CASE NUMBER 19-16777 for #46 Notice of Appeal, filed by Big Sandy Rancheria Enterprises. (Gonzalez, R) |
| Filing 47 APPEAL PROCESSED to Ninth Circuit re #46 Notice of Appeal, filed by Big Sandy Rancheria Enterprises. Notice of Appeal filed *9/10/2019*, Complaint filed *7/13/2018* and Appealed Order / Judgment filed *8/13/2019*. Court Reporter: *K. Hooven*. *Fee Status: Paid on 9/10/2019 in the amount of $505.00* (Attachments: #1 Appeal Information) (Gonzalez, R) |
| Filing 46 NOTICE of APPEAL by Big Sandy Rancheria Enterprises as to #45 Judgment, #44 Order, Terminate Civil Case, Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction. (Filing fee $ 505, receipt number 0972-8452128) (Peebles, John) |
| Filing 45 JUDGMENT dated *8/13/19* pursuant to order. (Gonzalez, R) |
Filing 44
ORDER Granting Defendants' Motions to Dismiss re #15 , #16 , signed by District Judge Dale A. Drozd on 8/13/19. CASE CLOSED. (Gonzalez, R)
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Filing 43
MINUTE ORDER: (TEXT ENTRY ONLY) As this matter has been taken under submission, with subsequent briefing allowed, coupled with the Court's heavy caseload, a ruling is not expected prior to the scheduling conference currently noticed for 7/8/2019. As such, the Scheduling Conference is continued and will now be held on 9/25/2019 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To appear telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Minute Order signed by Magistrate Judge Erica P. Grosjean on 6/18/2019. (Rooney, M)
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| Filing 42 RESPONSE by Xavier Becerra to #41 Supplement. (Nascenzi, Peter) |
| Filing 41 SUPPLEMENT by Big Sandy Rancheria Enterprises. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Peebles, John) |
| Filing 40 TRANSCRIPT REQUEST by Xavier Becerra for proceedings held on April 16, 2019 before Judge David A. Drozd. Court Reporter Karen Hooven. (Nascenzi, Peter) |
| Filing 39 TRANSCRIPT of Proceedings held on 4-16-19, Motions to Dismiss before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/14/2019. Redacted Transcript Deadline set for 6/24/2019. Release of Transcript Restriction set for 8/22/2019. (Hooven, K) |
| Filing 38 TRANSCRIPT REQUEST by Big Sandy Rancheria Enterprises for proceedings held on 4/16/2019 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Peebles, John) |
| Filing 37 NOTICE of Supplemental Authority by Big Sandy Rancheria Enterprises. (Peebles, John) |
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Filing 36
MINUTE ORDER: (TEXT ONLY) signed by District Judge Dale A. Drozd on 5/21/2019. Good cause appearing, plaintiff's #35 request for leave to file supplemental briefing is granted. Plaintiff's supplemental brief shall be due by May 31, 2019. Any response by defendants shall be due by June 10, 2019. (Thorp, J)
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| Filing 35 REQUEST for Leave to File Supplemental Briefing by Big Sandy Rancheria Enterprises re #34 Notice - Other filed by Big Sandy Rancheria Enterprises. (Peebles, John) |
| Filing 34 NOTICE of Errata by Big Sandy Rancheria Enterprises. (Peebles, John) |
| Filing 33 NOTICE of Change of Firm Name by Big Sandy Rancheria Enterprises. (Peebles, John) |
| Filing 32 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 4/16/2019. #15 #16 Motions to Dismiss, argued, submitted and taken under submission. Written order will issue. Plaintiff's Counsel Michael Robinson and John Peebles present. Defendants' Counsel James Hart, Peter Nascenzi and Michael Von Loewnfeldt present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) |
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Filing 31
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 4/11/2019; the #15 and #16 Motions to Dismiss on calendar 4/16/2019, WILL BE HEARD at 11:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
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Filing 30
MINUTE ORDER: (TEXT ENTRY ONLY) As the Motions to Dismiss, documents #15 and #16 , will now be heard on 4/16/2019, the Initial Scheduling Conference currently set for 4/24/2019 is CONTINUED and will now be held on 7/8/2019 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party wishing to so appear directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Minute Order signed by Magistrate Judge Erica P. Grosjean on 2/27/2019. (Rooney, M)
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Filing 29
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 2/27/2019. On February 26, 2019, the parties filed a stipulation and proposed order continuing the March 12, 2019 hearing on the pending motions to dismiss (Docs. No. #15 and #16 ) to April 16, 2019. Good cause appearing, and pursuant to the parties stipulation: (1) the March 12, 2019 hearing on the motions to dismiss is continued to April 16, 2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; (2) plaintiff's opposition to the motions to dismiss are now due by April 2, 2019; and (3) defendants' replies are now due by April 9, 2019. (Thorp, J)
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| Filing 28 STIPULATION and PROPOSED ORDER for Continuance of Defendants' Motions to Dismiss by Big Sandy Rancheria Enterprises. (Robinson, Michael) |
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Filing 27
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 2/21/2019. #15 Motion to Dismiss and #16 Motion to Dismiss for Lack of Jurisdiction currently set for 3/5/2019 is CONTINUED to 3/12/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)
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Filing 26
MINUTE ORDER: (TEXT ENTY ONLY) signed by District Judge Dale A. Drozd on 1/31/2019. At request of counsel, #25 Stipulation to Continue Hearing, the hearings on defendants' #15 motion to dismiss and #16 motion to dismiss for lack of jurisdiction previously set for 2/20/2019 are CONTINUED to 3/5/2019, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)
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| Filing 25 STIPULATION and PROPOSED ORDER for continue hearing to 3/5/19 re #15 MOTION to DISMISS, #16 MOTION to DISMISS for LACK of JURISDICTION by Nicolas Maduros. (von Loewenfeldt, Michael) |
| Filing 24 REPLY by Xavier Becerra re #15 MOTION to DISMISS. (Nascenzi, Peter) |
| Filing 23 REPLY by Nicolas Maduros re #16 MOTION to DISMISS for LACK of JURISDICTION . (von Loewenfeldt, Michael) |
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Filing 22
MINUTE ORDER: (TEXT ONLY) signed by District Judge Dale A. Drozd on 1/24/2019. The hearings on defendants' #15 motion to dismiss and #16 motion to dismiss for lack of jurisdiction previously set for 2/5/2019 are CONTINUED to 2/20/2019, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)
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| Filing 21 OPPOSITION by Big Sandy Rancheria Enterprises to #15 MOTION to DISMISS. (Peebles, John) |
| Filing 20 OPPOSITION by Big Sandy Rancheria Enterprises to #16 MOTION to DISMISS for LACK of JURISDICTION . (Peebles, John) |
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Filing 19
MINUTE ORDER: (TEXT ENTRY ONLY) As Motions to Dismiss, documents #15 and #16 , have been set for hearing on 2/5/2019 before District Judge Dale A. Drozd, the Initial Scheduling Conference currently set for 1/23/2019 is CONTINUED and will now be held on 4/24/2019 at 10:00AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party wishing to so appear directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Minute Order signed by Magistrate Judge Erica P. Grosjean on 10/30/2018. (Rooney, M)
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Filing 18
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 10/29/2018. Pursuant to the #17 parties' stipulation, the hearings on defendants' #15 motion to dismiss and #16 motion to dismiss for lack of jurisdiction previously set for 12/4/2018 are CONTINUED to 2/5/2019 at 9:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiff's oppositions to the motions shall be due by 1/8/2019, and defendants' replies shall be due by 1/29/2019. (Thorp, J)
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| Filing 17 STIPULATION and PROPOSED ORDER for Continuing Hearing on Defendants' Motions to Dismiss re #15 MOTION to DISMISS, #16 MOTION to DISMISS for LACK of JURISDICTION by Big Sandy Rancheria Enterprises. (Attachments: #1 Proposed Order)(Peebles, John) |
| Filing 16 MOTION to DISMISS for LACK of JURISDICTION by Nicolas Maduros. Motion Hearing set for 12/4/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum Memo of Points and Authorities in Support)(von Loewenfeldt, Michael) |
| Filing 15 MOTION to DISMISS by Xavier Becerra. Motion Hearing set for 12/4/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss)(Nascenzi, Peter) |
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Filing 14
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 10/9/2018. In light of plaintiff's filing of a #13 first amended complaint, the hearings set for 11/6/2018 are VACATED and defendants' #10 #11 motions to dismiss are DENIED as having been rendered moot. (Thorp, J)
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| Filing 13 FIRST AMENDED COMPLAINT against Big Sandy Rancheria Enterprises by Big Sandy Rancheria Enterprises. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Peebles, John) |
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Filing 12
MINUTE ORDER: (TEXT ENTRY ONLY) As Motions to Dismiss, documents #10 and #11 , have been noticed for hearing on 11/6/2018 before District Judge Dale A. Drozd, the Initial Scheduling Conference currently set for 10/25/2018 is CONTINUED and will now be held on 1/23/2019 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party wishing to so appear directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Minute Order signed by Magistrate Judge Erica P. Grosjean on 9/18/2018. (Rooney, M)
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| Filing 11 MOTION to DISMISS by Xavier Becerra. Attorney Nascenzi, Peter F. added. Motion Hearing set for 11/6/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss)(Nascenzi, Peter) |
| Filing 10 MOTION to DISMISS for LACK of JURISDICTION by Nicolas Maduros. Motion Hearing set for 11/6/2018 at 10:00 AM in Courtroom 5 (DAD) before Magistrate Judge Dale A. Drozd MJ. (Attachments: #1 Memorandum Memorandum of Points and Authorities iso Motion to Dismss)(von Loewenfeldt, Michael) |
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Filing 9
ORDER GRANTING the parties' stipulation for an extension of time to 9/17/2018 for defendants to file a responsive pleading. Order signed by Magistrate Judge Erica P. Grosjean on 8/8/2018. (Rooney, M)
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| Filing 8 STIPULATION for Extension of Time to Respond to Complaint Pursuant to L.R. 144(a) by Nicolas Maduros. Attorney von Loewenfeldt, Michael John added. (von Loewenfeldt, Michael) |
| Filing 7 AMENDED SUMMONS ISSUED as to *Xavier Becerra, Nicolas Maduros* with answer to complaint due within *21* days. Attorney *John M. Peebles* *2020 L Street* *Suite 250* *Sacramento, CA 95811*. (Sant Agata, S) |
| Filing 6 SUMMONS RETURNED EXECUTED: Nicolas Maduros served on 7/16/2018, answer due 8/6/2018. (Peebles, John) |
| Filing 5 SUMMONS RETURNED EXECUTED: Xavier Becerra served on 7/16/2018, answer due 8/6/2018. (Peebles, John) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/25/2018 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C) |
| Filing 3 SUMMONS ISSUED as to *Xavier Becerra, Nicolas Maduros* with answer to complaint due within *60* days. Attorney *John M. Peebles* *Fredericks Peebles & Morgan LLP* *2020 L Street, Suite 250* *Sacramento, CA 95811*. (Marrujo, C) |
| Filing 2 CIVIL COVER SHEET by Big Sandy Rancheria Enterprises (Peebles, John) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants by Big Sandy Rancheria Enterprises, Civil Filing Fee $400.00. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Peebles, John) |
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