Federated Indians of Graton Rancheria v. United States Department of the Interior, et al.
| FEDERATED INDIANS OF GRATON RANCHERIA |
| AMY DUTSCHKE, in her official capacity as Regional Director of the BIA Pacific Region, BRYAN MERCIER, in his official capacity as Director of the BIA, DOUG BURGUM, Secretary of the United States Department of Interior, PHILIP BRISTOL, in his official capacity as Acting Director of the Office of Indian Gaming; the United States Bureau of Indian Affairs, SCOTT DAVIS, in his official capacity as Senior Advisor to the Secretary exercising the delegated authority of the Assistant Secretary for Indian Affairs, TONY DEARMAN, in his official capacity as the Director of Indian Education, UNITED STATES BUREAU OF INDIAN AFFAIRS and UNITED STATES DEPARTMENT OF THE INTERIOR |
| KOI NATION OF NORTHERN CALIFORNIA |
| STATE OF ALASKA, STATE OF IDAHO, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA and STATE OF TEXAS |
| 25-4604 |
| July 24, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
This docket was last retrieved on December 30, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 63 CLERK ACTION: Amicus Brief submitted at DE 61 by State of Alaska, et al. is filed. No paper copies are required. [25-4604, 25-6300] [Entered: 12/30/2025 11:00 AM] |
| Filing 62 ADDED Amici Curiae State of Alaska, State of Idaho, State of Kansas, State of Louisiana, State of Montana, State of Nebraska, State of North Dakota, State of South Carolina, State of South Dakota, State of Texas; Counsel for Amici Curiae: Jessica M. Alloway. [25-4604, 25-6300] [Entered: 12/30/2025 10:59 AM] |
| Filing 61 AMICUS BRIEF by government or with consent submitted for filing by States of Alaska, Idaho, Kansas, Louisiana, Montana, Nebraska, North Dakota, South Carolina, etc.. [25-4604, 25-6300] [Entered: 12/29/2025 05:36 PM] |
| Filing 60 CLERK ACTION: Second Brief on Cross-Appeal submitted at DE 58 and Excerpts of Record submitted at DE 56 by Appellee/Cross-Appellant Federated Indians of Graton Rancheria are filed. No paper copies are required. [25-4604, 25-6300] [Entered: 12/23/2025 03:06 PM] |
| Filing 59 CLERK ACTION: Second Brief on Cross-Appeal submitted at DE 57 by Appellee/Cross-Appellant United States Department of the Interior, et al. is filed. No paper copies are required. [25-4604, 25-6300] [Entered: 12/23/2025 03:05 PM] |
| Filing 58 SECOND BRIEF ON CROSS-APPEAL submitted for filing by Appellee Federated Indians of Graton Rancheria. [25-4604, 25-6300]--[court entered filing to correct DE 55] [Entered: 12/23/2025 02:58 PM] |
| Filing 57 SECOND BRIEF ON CROSS-APPEAL submitted for filing by Appellee Amy Dutschke, Appellee Bryan Mercier, Appellee Doug Burgum, Appellee Philip Bristol, Appellee Scott Davis, Appellee Tony Dearman, Appellee United States Bureau of Indian Affairs, Appellee United States Department of the Interior. [25-4604, 25-6300]--[court enered filing to correct DE 54] [Entered: 12/23/2025 02:52 PM] |
| Filing 56 EXCERPTS OF RECORD submitted for filing by Appellee Federated Indians of Graton Rancheria. [25-4604, 25-6300] [Entered: 12/22/2025 08:06 PM] |
| Filing 55 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Appellee Federated Indians of Graton Rancheria. [25-4604, 25-6300]--[incorrect entry, correct entry at DE 58] [Entered: 12/22/2025 07:56 PM] [Edited: 12/23/2025 02:59 PM] |
| Filing 54 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Appellee Amy Dutschke, Appellee Bryan Mercier, Appellee Doug Burgum, Appellee Philip Bristol, Appellee Scott Davis, Appellee Tony Dearman, Appellee United States Bureau of Indian Affairs, Appellee United States Department of the Interior. [25-4604, 25-6300]--[incorrect entry, correct entry at DE 57] [Entered: 12/22/2025 05:12 PM] [Edited: 12/23/2025 02:52 PM] |
| Filing 53 Attorney Daniel Halainen as Counsel for Appellee substituted for Attorney Sara E. Costello. [25-4604, 25-6300] [Entered: 12/19/2025 02:44 PM] |
| Filing 52 NOTICE OF APPEARANCE by Daniel Halainen for Appellee Amy Dutschke, Appellee Bryan Mercier, Appellee Doug Burgum, Appellee Philip Bristol, Appellee Scott Davis, Appellee Tony Dearman, Appellee United States Bureau of Indian Affairs, Appellee United States Department of the Interior replacing Sara E. Costello. [25-4604, 25-6300] [Entered: 12/19/2025 02:33 PM] |
| Filing 51 ADDED Counsel for Appellee Sara E. Costello [25-4604, 25-6300] [Entered: 12/19/2025 02:23 PM] |
| Filing 50 RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. [25-4604, 25-6300] [Entered: 12/01/2025 11:30 AM] |
| Filing 49 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 12/1/2025, 11:00 a.m. PACIFIC Time. See order for instructions and details. [25-4604, 25-6300] [Entered: 11/24/2025 04:08 PM] |
| Filing 48 CLERK ACTION: File First Brief on Cross-Appeal submitted at DE 47 and Excerpts of Record in 1 Volume submitted at DE 41 by Appellant/Cross-Appellee Koi Nation of Northern Californiaare filed. No paper copies are required. [25-4604, 25-6300] [Entered: 11/24/2025 02:39 PM] |
Filing 46
ORDER FILED. Barry G. SILVERMAN, Richard C. TALLMAN, Patrick J. BUMATAY The motion (Docket Entry No. 42 in No. 25-4604; Docket Entry No. 6 in No. 25-6300) to dismiss appeal No. 25-6300 for lack of jurisdiction is denied without prejudice to renewing the arguments in the third brief on cross-appeal. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The motion (Docket Entry No. 42 in No. 25-4604; Docket Entry No. 6 in No. 25-6300) to expedite is denied. The first brief on cross-appeal has been filed. The second brief on cross-appeal is due December 22, 2025. The third brief on cross-appeal is due January 21, 2026. The optional cross-appeal reply brief is due 21 days after the third brief on cross-appeal is served. The panel believes these cases may be appropriate for mediation and therefore refers this matter to the courts Mediation Office. The circuit mediator will contact the parties to explore mediation. [25-4604, 25-6300] [Entered: 11/21/2025 02:25 PM]
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| Filing 45 On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/14/2025 04:03 PM] |
| Filing 44 REPLY to Response to Motion to Dismiss (DE 43) filed by Appellant Koi Nation of Northern California. [25-4604, 25-6300] [Entered: 11/03/2025 12:49 PM] |
| Filing 43 RESPONSE to Motion to Dismiss (DE 42) filed by Appellee Federated Indians of Graton Rancheria. [25-4604, 25-6300] [Entered: 10/27/2025 03:17 PM] |
| Filing 47 FIRST BRIEF ON CROSS-APPEAL submitted for filing by Appellant Koi Nation of Northern California. [25-4604, 25-6300]--[court entered filing to correct DE 40] [Entered: 11/24/2025 02:37 PM] |
| Filing 42 MOTION to Dismiss filed by Appellant Koi Nation of Northern California. [25-4604, 25-6300] [Entered: 10/17/2025 03:06 PM] |
| Filing 41 EXCERPTS OF RECORD submitted for filing by Appellant Koi Nation of Northern California. [25-4604, 25-6300] [Entered: 10/17/2025 03:04 PM] |
| Filing 40 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellant Koi Nation of Northern California. [25-4604, 25-6300]--[incorrect entry, correct entry at DE 47] [Entered: 10/17/2025 03:00 PM] [Edited: 11/24/2025 02:38 PM] |
| Filing 39 MEDIATION ORDER (text only). This case is released from the court's mediation program. Counsel may contact the Circuit Mediation Office at [email protected] to discuss services available through the Mediation Program or to request a settlement assessment conference. Information regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [25-6300, 25-4604] [Entered: 10/15/2025 01:04 PM] |
| Filing 38 MEDIATION QUESTIONNAIRE filed by Appellee Federated Indians of Graton Rancheria. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [25-4604, 25-6300] [Entered: 10/15/2025 01:04 PM] |
| Filing 37 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 10/14/2025, Cross Appeal First Brief Due 11/13/2025, Cross Appeal Second Brief Due 12/15/2025, Cross Appeal Third Brief Due 1/14/2026. For appeal no. 25-4604, 3:24-cv-08582-RFL. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [25-6300, 25-4604] [Entered: 10/07/2025 09:25 AM] |
| Filing 36 CORRESPONDENCE filed by Appellant Koi Nation of Northern California. [Court entered filing to correct DE 35] [Entered: 10/02/2025 02:15 PM] |
| Filing 35 DEFECTIVE---STATUS REPORT filed by Appellant Koi Nation of Northern California. [Wrong filing type, corrected in DE 36] [Entered: 10/02/2025 02:03 PM] [Edited: 10/02/2025 02:16 PM] |
| Filing 34 ADDED Counsel for Appellee Samantha Kinsella Ilagan [Entered: 09/22/2025 10:40 AM] |
| Filing 33 ADDED Counsel for Appellee Matthew Laroche [Entered: 09/22/2025 10:40 AM] |
| Filing 32 NOTICE OF APPEARANCE by Samantha Kinsella Ilagan for Appellee Federated Indians of Graton Rancheria. [Entered: 09/22/2025 07:53 AM] |
| Filing 31 NOTICE OF APPEARANCE by Matthew Laroche for Appellee Federated Indians of Graton Rancheria. [Entered: 09/22/2025 07:46 AM] |
Filing 30
ORDER FILED. Ryan D. NELSON, Holly A. THOMAS The motion (Docket Entry No. 20) to dismiss this appeal for lack of jurisdiction is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The motion (Docket Entry No. 26) to stay is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). The motion (Docket Entry No. 19) to expedite is denied. The opening brief is due October 14, 2025. The answering brief is due November 13, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 09/16/2025 02:36 PM]
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| Filing 29 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 28) filed by Appellant Koi Nation of Northern California. [Entered: 09/15/2025 04:55 PM] |
| Filing 28 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 26) filed by Appellee Federated Indians of Graton Rancheria. [Entered: 09/15/2025 08:43 AM] |
Filing 27
ORDER FILED. The court has received the emergency motion to stay. Any response to the motion is due by 9:00 a.m. Pacific Time on September 15, 2025. The optional reply in support of the motion is due by 5:00 p.m. Pacific Time on September 15, 2025. [Entered: 09/12/2025 10:05 AM]
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| Filing 26 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Koi Nation of Northern California. [Court entered filing, PDFs from DE 25] [Entered: 09/11/2025 03:46 PM] |
| Filing 25 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Koi Nation of Northern California. [Entered: 09/11/2025 03:33 PM] |
| Filing 24 ADDED Counsel for Appellant Spencer Schmider [Entered: 09/08/2025 10:26 AM] |
| Filing 23 NOTICE OF APPEARANCE by Spencer Schmider for Appellant Koi Nation of Northern California. [Entered: 09/08/2025 10:01 AM] |
| Filing 22 REPLY to Response to Motion to Dismiss (DE 21) filed by Appellee Federated Indians of Graton Rancheria. [Entered: 09/04/2025 01:49 PM] |
| Filing 21 RESPONSE to Motion to Dismiss (DE 20) filed by Appellant Koi Nation of Northern California. [Entered: 08/28/2025 11:23 AM] |
| Filing 20 MOTION to Dismiss filed by Appellee Federated Indians of Graton Rancheria. [Entered: 08/19/2025 01:42 PM] |
| Filing 19 MOTION to Expedite filed by Appellant Koi Nation of Northern California. [Entered: 08/18/2025 12:11 PM] [Edited: 08/18/2025 04:13 PM] |
| Filing 18 ADDED Counsel for Appellee Robert Charles Ward [Entered: 08/18/2025 11:37 AM] |
| Filing 17 NOTICE OF APPEARANCE by Paul P. Spaulding for Appellee Federated Indians of Graton Rancheria. [Entered: 08/18/2025 09:55 AM] |
| Filing 16 NOTICE OF APPEARANCE by Roey Z. Rahmil for Appellee Federated Indians of Graton Rancheria. [Entered: 08/18/2025 09:50 AM] |
| Filing 15 NOTICE OF APPEARANCE by Joel Zeldin for Appellee Federated Indians of Graton Rancheria. [Entered: 08/18/2025 09:42 AM] |
| Filing 14 NOTICE OF APPEARANCE by Robert Charles Ward for Appellee Federated Indians of Graton Rancheria. [Entered: 08/18/2025 09:35 AM] |
| Filing 13 NOTICE OF APPEARANCE by Kristina Alekseyeva for Appellee Federated Indians of Graton Rancheria. [Entered: 08/07/2025 12:19 PM] |
| Filing 12 NOTICE OF APPEARANCE by Neal Kumar Katyal for Appellee Federated Indians of Graton Rancheria. [Entered: 08/07/2025 12:17 PM] |
| Filing 11 ADDED Counsel for Appellant Hagan Scotten [Entered: 08/06/2025 11:32 AM] |
| Filing 10 NOTICE OF APPEARANCE by Hagan Scotten for Appellant Koi Nation of Northern California. [Entered: 08/06/2025 11:23 AM] |
| Filing 9 NOTICE of Transcript Designation filed by Appellant Koi Nation of Northern California. [Entered: 08/04/2025 03:01 PM] |
| Filing 8 ADDED Counsel for Appellant Rajan Trehan [Entered: 08/04/2025 01:56 PM] |
| Filing 7 NOTICE OF APPEARANCE by Rajan Trehan for Appellant Koi Nation of Northern California. [Entered: 08/04/2025 01:17 PM] |
| Filing 6 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 08/04/2025 12:57 PM] |
| Filing 5 ADDED Counsel for Appellant Joshua Yasmeh [Entered: 08/04/2025 09:18 AM] |
| Filing 4 NOTICE OF APPEARANCE by Joshua Yasmeh for Appellant Koi Nation of Northern California. [Entered: 08/04/2025 09:13 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Koi Nation of Northern California. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 07/29/2025 02:41 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 7/29/2025, Appeal Transcript Order Due (Appellant) 8/4/2025, Appeal Transcript Due (Appellant) 9/3/2025, Appeal Opening Brief Due (Appellant) 10/14/2025, Appeal Answering Brief Due (Appellee) 11/13/2025. For appeal no. 25-4604, 3:24-cv-08582-RFL. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 07/24/2025 02:17 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-08582-RFL has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-4604 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 07/24/2025 02:12 PM] |
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