Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Salazar et al
Plaintiff: Cachil Dehe Band of Wintun Indians of the Colusa Indian Community
Defendant: Kenneth Salazar, Kevin Washburn, Michael S. Black, Amy Dutschke and Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California
Case Number: 2:2012cv03021
Filed: December 14, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: John A. Mendez
Nature of Suit: Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 551 Administrative Procedure Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 12, 2017 Opinion or Order Filing 192 RELATED CASE ORDER signed by District Judge Troy L. Nunley on 5/11/17 ORDERING that the actions denominated 2:14-cv-01939-TLN-CKD and 2:16-cv-02982-KJM-KJN, are hereby REASSIGNED to District Judge Troy L. Nunley and Magistrate Judge Allison Clair e for all further proceedings. Any dates currently set in the reassigned cases only are hereby VACATED. The caption on documents filed in the REASSIGNED cases shall be shown as 2:14-cv-01939-TLN-AC and 2:16-cv-02982- TLN-AC. IT IS FURTHER ORDERED that the Clerk of Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment and issue. (Mena-Sanchez, L)
January 23, 2017 Opinion or Order Filing 183 ORDER signed by District Judge Troy L. Nunley on 1/20/2017 DENYING 170 Motion for Reconsideration. (Zignago, K.)
September 24, 2015 Opinion or Order Filing 168 ORDER signed by District Judge Troy L. Nunley on 9/23/2015. Court hereby GRANTS defendants' 116 Motion for Summary Judgment and Intervenor defendant's 119 Motion for Summary Judgment. Court is DENYING plaintiff UAIC's 98 Motion for Summary Judgment. plaintiff Citizens' 99 Motion for Summary Judgment, and plaintiff Colusa's 102 Motion for Summary Judgment. This action is CLOSED. (Marciel, M)
July 14, 2015 Opinion or Order Filing 161 ORDER signed by District Judge Troy L. Nunley on 7/13/15. The Court MODIFIES its earlier orders of 1/30/13 and 3/4/13. Enterprise is hereby ORDERED to provide Plaintiffs and the Court with at least 60 days' notice prior to commencing any act ivity at the Proposed Site that goes beyond the scope of or is inconsistent with the terms of Enterprise's recent Notice of Construction Activity, including any construction activity outside of the outlines of the road to the noticed Class II facility and the parking lot as depicted on the map attached to Enterprise's Notice, any water, sewer or other utility hookups, and any construction of permanent fixtures, structures, or infrastructure.(Mena-Sanchez, L)
June 17, 2015 Opinion or Order Filing 158 ORDER signed by District Judge Troy L. Nunley on 6/16/2015 GRANTING Defendant's Motions 115 , 120 , 121 to Strike. (Reader, L)
September 4, 2014 Opinion or Order Filing 133 ORDER signed by District Judge Troy L. Nunley on September 3, 2014 GRANTING Federal Defendants' motion for leave to exceed page limits 132 . Federal Defendants to file a consolidated reply memorandum, in response to plaintiffs three memoranda in opposition to Federal Defendants cross-motion for summary judgment, not to exceed twenty (20) pages. (Rivas, A)
July 8, 2014 Opinion or Order Filing 112 ORDER signed by District Judge Troy L. Nunley on 7/7/14 ORDERING that Defendants' MOTION for leave 110 is GRANTED, and the Court grants Defendants' leave to file a consolidated memorandum, in opposition to Plaintiffs' three Motions for Summary Judgment and in support of Defendants' Cross-MOTION for Summary Judgment, not to exceed fifty (50) pages. (Mena-Sanchez, L)
May 14, 2014 Opinion or Order Filing 95 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/13/14 TO MODIFY ORDER GOVERNING FURTHER PROCEEDINGS 91 , 69 , 82 , 85 . (Mena-Sanchez, L)
April 30, 2014 Opinion or Order Filing 91 STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 4/29/2014 MODIFYING the order governing further proceedings re 69 , 82 , 85 Stipulations and Orders. (Michel, G)
April 15, 2014 Opinion or Order Filing 88 ORDER signed by District Judge Troy L. Nunley on 4/14/2014 ACCEPTING 86 Stipulation for substitution of Administrative Record; DIRECTING the Clerk of Court to return the originally filed Administrative Record CDs to counsel for Federal Defendants. (Michel, G)
August 13, 2013 Opinion or Order Filing 85 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/13/2013 ORDERING 79 that the Stipulation and Order Governing Further Proceedings 69 : Paragraph 4 of the Stipulated Order shall be MODIFIED to reflect that Federal Defendants timel y lodged the Administrative Record, that Plaintiffs have raised objections regarding the Administrative Record, and that the Parties have agreed to extend the current deadline of 8/15/2013 for filing objections to the Administrative Record to allow for the resolution of those objections. The remaining provisions of the Stipulated Order shall remain unchanged.(Reader, L)
June 5, 2013 Opinion or Order Filing 82 STIPULATION and ORDER 81 modifying 69 Order governing Further Proceedings signed by District Judge Troy L. Nunley on 6/4/2013. Paragraph 4 of 69 Stipulated Order shall be modified to extend the period for filing Objections, including Motions t o Supplement the Administrative Record, from 60 to 90 days, to read as follows: (4) Federal Defendants shall lodge certified Administrative Record with Court on or before 5/17/2013. Parties may by agreement extend said deadline, which agreement shall not be unreasonably withheld. Any objections to, including Motions to supplement, the Administrative Record shall be filed on or before the 90th day following lodging of Certified Administrative Record. Parties shall meet and confer to resolve confl icts pertaining to Administrative Record, if any, prior to filing Motions with Court, which Motion(s) shall be calendared on earliest available date. Paragraph 5 of 69 Stipulated Order shall be modified to extend period for filing plaintiffs Motion (s) for Summary Judgment from 60 to 90 days after lodging of Certified Administrative Record, to read as follows: (5) plaintiffs Motion(s) for Summary Judgment shall be filed on or before laterof 90 days after lodging of Certified Administrative Rec ord, or 30 days after resolution by Court of any objections to, including Motions to Supplement, the Administrative Record. Plaintiffs shall calendar hearing on their Motion(s) for Summary Judgment on first available hearing date on or after 90th day following filing of last-filed Motion for Summary Judgment. Federal defendants combined Cross-Motion(s) for Summary Judgment and Opposition(s) to plaintiffs Motion(s) for Summary Judgment shall be filed no later than 30days after last-filed Motion f or Summary Judgment. Plaintiffs combined Opposition(s) to Defendants Cross-Motion for Summary Judgment and Reply(ies), if any, in support of their Motion(s) for Summary Judgment shall be filed no later than 30 days thereafter. Federal defendants Reply(ies), if any, in support of their Cross-Motion(s) for Summary Judgment shall be filed no later than 14 days thereafter. The remaining provisions of 69 Stipulated Order shall remain unchanged. (Marciel, M)
March 13, 2013 Opinion or Order Filing 76 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 3/12/13 withdrawing 37 Motion to Strike, 52 Motion to Quash and 70 Motion to Strike. Colusa shall and hereby does withdraw its subpoena and notice of deposition of Glenda Nelson. (Kaminski, H)
March 4, 2013 Opinion or Order Filing 69 STIPULATION and ORDER Governing Further Proceedings signed by Judge John A. Mendez on 2/28/13. (Meuleman, A)
January 30, 2013 Opinion or Order Filing 57 ORDER signed by Judge John A. Mendez on 1/30/2013 ORDERING 18 Motions for TRO is DENIED; Defendants and Enterprise are ORDERED to provide 30 days notice to the Court prior to commencing any activity at the Proposed Site; Citizens Plaintiffs' Motion of Writ of Mandamus is DENIED; Plaintiffs' 8 Motions for Preliminary Injunction will be heard 3/20/2013 at 9:30 a.m. in Courtroom 6 (JAM) before Judge John A. Mendez; Plaintiffs' supplemental briefing must be filed by 2/15/2013; De fendants may respond by 3/1/2013; and Plaintiffs may reply by 3/8/2013; parties are ORDERED to meet and confer regarding Enterprise's pending 13 Motion to Intervene and file a joint status report addressing that motion on or before 2/8/2013. (Waggoner, D)
January 23, 2013 Opinion or Order Filing 40 ORDER CONSOLIDATING CASES signed by Judge John A. Mendez on 01/22/13. Case number 2:13-cv-0064 JAM AC is consolidated under case case number 2:12-cv-3021 JAM AC and is administratively CLOSED. Plaintiff's Ex Parte Motion for Reconsideration is D ENIED. Plaintiff's Motion for Relief from Page Limitations is DENIED. Defendants may file a consolidated opposition to the Motion for TRO no later than 1/25/13 to both UAIC's TRO and the TRO filed by the other group of plaintiffs. The court will consider the pending TRO motions first and order a hearing only if deemed necessary. The remaining motions will be heard on 3/20/13. (Manzer, C)
January 16, 2013 Opinion or Order Filing 21 RELATED CASE ORDER signed by Judge John A. Mendez on 1/16/13. Case number 2:13-cv-0064 MCE KJN is reassigned the Judge John A. Mendez and Magistrate Judge Allison Claire for all further proceedings. New case number 2:13-cv-0064 JAM AC. (Manzer, C)
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Plaintiff: Cachil Dehe Band of Wintun Indians of the Colusa Indian Community
Represented By: George Forman
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Defendant: Kenneth Salazar
Represented By: Peter Kryn Dykema, GOVT
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Defendant: Kevin Washburn
Represented By: Peter Kryn Dykema, GOVT
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Defendant: Michael S. Black
Represented By: Peter Kryn Dykema, GOVT
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Defendant: Amy Dutschke
Represented By: Peter Kryn Dykema, GOVT
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Defendant: Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California
Represented By: Nicholas C Yost
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