Alegre et al v. USA et al
Joseph Morales, Julian Clay, Jamie Peart, Jelena Villalobos-Bryan, Desiree Morales, Ernesto Blanco, April Chavez, Melissa Morales, Theresa Blanco-Murillo, Anita Perez, Tisha Peart, Paul Contreras III, Ray Blanco, Evelyn Cunningham, Amanda Chavez, Remedios Blanco, Corrine Villalobos-Biggs, Tammy Alvarado, Eric Alvarado, Valerie Boyle, Josie Delgado, Daniel Morales, Jr., Dolores Perez, Sarah Escarcega, Jeffrey Miller, Felicia Durkin, Melvin Cannon, Matthew Alvarado, Juan Lucero, Jason Lavigne, Samuel Contreras, Shaun Villalobos, Libby Flores, Rudolph Contreras, Lavon Palmer, Tony Alvarado, Rachael Zwicker, Ruben Gonzalez, Jr., Beatrice Ochoa, Christopher Alvarado, Does 1-400, Lisa Quiroz, Yolanda Ochoa, Ruby Zwicker, Theresa Ochoa, James Quisquis, Shianne Elam, Sarah Mendoza, Charles Contreras, Joseph Villalobos, Roseanne Contreras, Richard Flores, Michael Contreras, Virgil Lucero, Jesus Villalobos, Amelia Martinez Contreras Villalobos, Rochelle Contreras, Lisa Chavez, Erik Delgado, Josie Villalobos, Jon Renee Peart, Ruben Martinez, Jermaine Perez, Bernadette Johnson, Julian Alvarado, Hilario Martinez, Mary Villalobos Varela, Lisa Belardes, Andre Peart, Yolanda Alegre, Virgil Zwicker, Jessica Clay, Kim Murillo, Peggy Avila, David Villalobos, Peter Villalobos, Kristy Anaya, Bridgette Villalobos, Bruce Roy Clay, Rita Contreras, Johnny Ruben Delgado, Chas Pert, Carlos Blanco, Paul Martinez, Jonah Contreras, Vincent Alvarado, Cindy Alegre, Theresa Morales, Joseph Murillo, Thomas Murillo, Angelina Martinez, Frederick Murillo III, Demitron Contreras, Nick Alvarado, Michael Alegre, Melissa Chalous, Josie Villalpando, Robert Ochoa, Robert Alvarado, Huumaay Quisquis, Evette Peart, Lajean Miller, Paul Villalobos, Dominique Perez, David Cardenas, Denise Peart, Paul V. Murillo, Wyatt Elam, Tonya Peart, Priscilla Peart, Linda Martinez-Vanderverf, Keith Vasquez, Linda Dunning Vallez, James Gabriel Vallez, John Hughes, David Chavez, Lena Ortega, Louie Morales, Jacob Alvarado, Mary Herrera, Shonta Chaloux, Valerie Martinez, Tellypuu Quisquis, Juan Blanco, Rose Delgado, Orthius Perez, Paul Contreras, IV, Jeremy Clay, Amber Majel, Anthony Chaloux, Rita Peart, Celeste Peart, Jamie Miller, Elsie Rojas, Adrean Villalobos, Johnny Contreras, Nathan Chaloux, Gerard Villalpando, Cathi Villalobos-Cameron, Della Villalobos Ochoa, Sylvia Blanco, Christina Alvarado, Gloria Zwicker, Frank Alegre, Andrea Contreras, Tiani Alvarado, Sarah Peart, Patsy Alvarado, Rudy Contreras, Jr. and Melissa Duenas |
Weldon Loudermilk, Javin Moore, Department of Interior, Michael Black, Ryan Zinke, Does 1 through 200, United States of America, Amy Dutschke and Bureau of Indian Affairs |
3:2017cv00938 |
May 8, 2017 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Anthony J Battaglia |
Michael S Berg |
Karen S Crawford |
Other Statutory Actions |
28 U.S.C. § 1331 Fed. Question |
Plaintiff |
Docket Report
This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 32 MINUTE ORDER OF TRANSFER. Judge Todd W. Robinson is no longer assigned. Case reassigned back to Judge Anthony J. Battaglia for all further proceedings. The new case number is 17cv938 AJB (MSB).(no document attached) (jcj) |
Filing 31 ORDER OF TRANSFER. Judge Anthony J. Battaglia is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 3:17-cv-00938-TWR-MSB. Signed by Judge Anthony J. Battaglia on 10/06/2020.(jrm) |
Filing 30 MINUTE ORDER OF TRANSFER. Magistrate Judge Karen S. Crawford is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. The new case number is 3:17-cv-00938-AJB-MSB.(no document attached) (jrm) |
Filing 29 ORDER granting #16 Motion to Dismiss for Lack of Jurisdiction; granting #20 Motion to Consolidate Cases. Cases Consolidated, 16-CV-2442-AJB-KSC; All future docketing will be done in the lead case. The Court rules as follows. In Case No. 16-CV-2442, the Court GRANTS Defendants' motion, (Doc. No. 20), and DISMISSES the amended complaint, (Doc. No. 13), pursuant to Rule 8(a). In Case No. 17-CV-0938, the Court GRANTS Defendants motion, (Doc. No. 16), DISMISSES the complaint, (Doc. No. 1), pursuant to Rule 12(b)(1), and DISSOLVES the temporary restraining order, (Doc. No. 7). In all three cases, the Court GRANTS Plaintiffs motions to consolidate. Plaintiffs are ORDERED to file a consolidated complaint in the lead case, Case. No. 16-CV-2442. This consolidated complaint must be filed no later than thirty days after this orders issuance. Defendants must file a responsive pleading no later than thirty days after the consolidated complaint is filed. Signed by Judge Anthony J. Battaglia on 8/15/2017. (acc) |
Filing 28 ORDER BY JUDGE BATTAGLIA: The briefing schedules remain unchanged with regard to the pending Motion to Consolidate (Doc. No. 20) and Motion to Dismiss (Doc. No. 16) and any outstanding responses or replies may be filed by the parties. Motions remains under submission. (no document attached) (sc) |
Filing 27 ORDER BY JUDGE BATTAGLIA, Motions Submitted #16 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Complaint (ECF No. 1) and Plaintiffs' Motion for Preliminary Injunction (ECF No. 6), #20 MOTION to Consolidate Cases 17-cv-0938; 17-cv-1149; 16-cv-2442: These motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and these motions will be deemed submitted as of this date. (no document attached) (sc) |
Filing 26 RESPONSE in Opposition re #20 MOTION to Consolidate Cases 17-cv-0938; 17-cv-1149; 16-cv-2442 filed by United States of America. (Attachments: #1 Proof of Service)(Dorgan, Glen)(acc). |
Filing 25 REPLY to Response to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Complaint (ECF No. 1) and Plaintiffs' Motion for Preliminary Injunction (ECF No. 6) filed by Michael Black, Bureau of Indian Affairs, Department of Interior, Amy Dutschke, Weldon Loudermilk, Javin Moore, United States of America, Ryan Zinke. (Manahan, George)(acc). |
Filing 24 CERTIFICATE OF SERVICE re #23 by Cindy Alegre on George Manahan (McIntosh, Alexandra)(acc). |
Filing 23 RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Complaint (ECF No. 1) and Plaintiffs' Motion for Preliminary Injunction (ECF No. 6) Plaintiff's Opposition & Response filed by Cindy Alegre. (Attachments: #1 Opposition & Response, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration, #9 Declaration)(McIntosh, Alexandra)(acc). |
Filing 22 ORDER BY JUDGE BATTAGLIA, Setting Briefing Schedule re #20 MOTION to Consolidate Cases 17-cv-0938; 17-cv-1149; 16-cv-2442 : Responses due by 8/2/2017, Replies due by 8/9/2017, sur-replies will not be accepted Motion hearing scheduled for 8/10/17 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc) |
Filing 21 ORDER denying #19 Motion for Leave to File. Having reviewed Plaintiffs' request, the Court finds departure from the page limits imposed by Local Civil Rule 7.1.h unwarranted. As such, Plaintiffs' motion is DENIED. Plaintiffs' opposition to Defendants' motion to dismiss must not exceed 25 pages. It is so ORDERED. (no document attached) (exo) |
Filing 20 MOTION to Consolidate Cases 17-cv-0938; 17-cv-1149; 16-cv-2442 by Cindy Alegre. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(McIntosh, Alexandra)(acc). |
Filing 19 MOTION for Leave to File Unoppesed Motion to File an Oversized Response to Motion to Dismiss by Cindy Alegre. (Attachments: #1 Memo of Points and Authorities)(McIntosh, Alexandra)(acc). |
Filing 18 Order Striking #17 Plaintiffs' Opposition to Defendants' Motion to Dismiss, filed by Cindy Alegre. The Court STRIKES Plaintiffs' opposition to Defendants'motion to dismiss. Plaintiffs must refile their opposition in compliance with the Local CivilRules no later than 7/25/2017. Defendants must file their reply no later than 8/1/2017. The hearing date currently set for 7/25/2017, is hereby VACATED and reset for8/10/2017, at 2:00 p.m. in Courtroom 4A. Signed by Judge Anthony J. Battaglia on 7/11/2017.(acc) (Additional attachment(s) added on 7/12/2017: #1 Rejected Document) (acc). |
Filing 17 RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Complaint (ECF No. 1) and Plaintiffs' Motion for Preliminary Injunction (ECF No. 6) Response and opposition filed by Cindy Alegre. (Attachments: # 1 Memo of Points and Authorities Opposition & Response to Motion to Dismiss, # 2 Declaration, # 3 Declaration Declaration w/ Exhibits, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Proof of Service)(McIntosh, Alexandra)(acc). (Main Document 17 replaced on 7/12/2017) (acc). |
Filing 16 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Complaint (ECF No. 1) and Plaintiffs' Motion for Preliminary Injunction (ECF No. 6) by Michael Black, Bureau of Indian Affairs, Department of Interior, Amy Dutschke, Weldon Loudermilk, Javin Moore, United States of America, Ryan Zinke. (Attachments: #1 Memo of Points and Authorities and Certificate of Service, #2 Exhibit 1 - Long Declaration)(Manahan, George)(acc). |
Filing 15 SUMMONS Returned Executed by Cindy Alegre. Weldon Loudermilk served. (McIntosh, Alexandra)(acc). |
Filing 14 SUMMONS Returned Executed by Cindy Alegre. Ryan Zinke served. (McIntosh, Alexandra)(acc). |
Filing 13 SUMMONS Returned Executed by Cindy Alegre. Javin Moore served. (McIntosh, Alexandra)(acc). |
Filing 12 SUMMONS Returned Executed by Cindy Alegre. Amy Dutschke served. (McIntosh, Alexandra)(acc). |
Filing 11 SUMMONS Returned Executed by Cindy Alegre. Michael Black served. (Attachments: #1 Proof of Service, #2 Proof of Service, #3 Proof of Service, #4 Proof of Service)(McIntosh, Alexandra)(acc). |
Filing 10 Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 5/22/2017, Court sets the following briefing schedule: Filing ddl 06/19/17, Opposition ddl 07/10/17, and Written Replies due by 7/17/2017. ( Motion Hearing set for 7/25/2017 09:00 AM in Courtroom 4A before Judge Anthony J. Battaglia.)(Court Reporter/ECR Jeannette Hill). (Plaintiff Attorney Alexandra Riona McIntosh (Telephonic)). (Defendant Attorney George Manahan (Telephonic)). (no document attached) (ymm) |
Filing 9 AFFIDAVIT of Service for Court Order regarding Temporary Restraining Order & Court Order of May 18, 2017 Ex Parte Request for Temporary Restraining Order served on George Manahan on May 18, 2017, filed by Cindy Alegre. (McIntosh, Alexandra) (acc). |
Filing 8 NOTICE of Appearance by George Vincent Manahan on behalf of Michael Black, Bureau of Indian Affairs, Department of Interior, Amy Dutschke, Weldon Loudermilk, Javin Moore, United States of America, Ryan Zinke (Attachments: #1 Proof of Service)(Manahan, George)Attorney George Vincent Manahan added to party Michael Black(pty:dft), Attorney George Vincent Manahan added to party Bureau of Indian Affairs(pty:dft), Attorney George Vincent Manahan added to party Department of Interior(pty:dft), Attorney George Vincent Manahan added to party Amy Dutschke(pty:dft), Attorney George Vincent Manahan added to party Weldon Loudermilk(pty:dft), Attorney George Vincent Manahan added to party Javin Moore(pty:dft), Attorney George Vincent Manahan added to party United States of America(pty:dft), Attorney George Vincent Manahan added to party Ryan Zinke(pty:dft)(acc). |
Filing 7 ORDER granting #6 Plaintiffs' Motion for TRO. The Court GRANTS their request for temporary restraining order. Defendants are hereby RESTRAINED and ENJOINED from taking any action to affirm any proposed changes to the San Pasqual Bands Constitution and/or enrollment criteria and/or procedures until the Court rules on the propriety of a preliminary injunction. Plaintiff's counsel is ORDERED to serve a copy of the request for TRO and this order on Defendants forthwith. Furthermore, the Court sets a telephonic status conference on Monday, 5/22/2017, at 3:00 p.m. to discuss a briefing schedule and hearing on a motion for preliminary injunction. Plaintiff's counsel is ORDERED to contact Defendants and coordinate the conference call. Plaintiff's counsel must email the call-in information to the Court at efile_battaglia@casd.uscourts.gov no later than 5:00 p.m. on Friday, 5/19/2017. Signed by Judge Anthony J. Battaglia on 5/18/2017. (acc) |
Filing 6 Ex Parte MOTION for Temporary Restraining Order by Cindy Alegre. (Attachments: #1 Supplement Request for TRO-part two, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Proof of Service)(McIntosh, Alexandra)(acc). |
Filing 5 ORDER granting #4 Ex Parte REQUEST to file Plaintiffs' motion in excess of 25 pages. Plaintiffs motion will not exceed 60 pages in length, exclusive of exhibits or attached declarations. (no document attached) (sc) |
Filing 4 Ex Parte REQUEST to file an ex parte request in excess of 25 pages, by Cindy Alegre. (McIntosh, Alexandra)(acc). Modified on 5/16/2017 to edit text to match pleading. (jpp). |
Filing 3 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge Karen S. Crawford for all further proceedings. Judge Michael M. Anello and Magistrate Judge Jan M. Adler no longer assigned to case. Create association to 3:16-cv-02442-AJB-KSC. The new case number is 17cv938-AJB-KSC. Signed by Judge Michael M. Anello on 5/9/2017. Signed by Judge Anthony J. Battaglia on 5/9/2017.(ag) |
Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mxn) |
Filing 1 COMPLAINT with Jury Demand against All Defendants (Filing fee $400 receipt number 0974-10057290.), filed by plaintiffs. (Attachments: #1 Complaint Part 2, #2 Complaint Part 3, #3 Civil Cover Sheet, #4 Exhibit List, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5) #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15), #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31) The new case number is 3:17-cv-00938-MMA-JMA. Judge Michael M. Anello and Magistrate Judge Jan M. Adler are assigned to the case. (McIntosh, Alexandra) (mxn). Modified on 5/9/2017 to note that a proposed low number order was prepared; 16cv2442-AJB-KSC (ag). (sjt). |
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