Kurt Kanam, et al v. Debra Haaland, et al
| Kurt Kanam, in his capacity as Chairman of the Pilchuck Nation and Pilchuck Nation |
| Debra A. Haaland, in her official capacity as Secretary of the Interior, Bryan Newland, in his official capacity as Principal Deputy Assistant Secretary of Indian Affairs, Darryl LaCounte, in his official capacity as Director, Bureau of Indian Affairs and Bureau of Indian Affairs |
| 22-5197 |
| July 11, 2022 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutes APA/Review Agency |
Docket Report
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| MANDATE ISSUED to Clerk, U.S. District Court. [22-5197] [Entered: 07/11/2023 03:25 PM] |
| PER CURIAM ORDER, En Banc, [2004900] filed denying appellants petition for rehearing en banc [ # 2002253-3 ]. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. [22-5197] [Entered: 06/23/2023 04:43 PM] |
| PER CURIAM ORDER [2004899] filed denying appellants motion publication [ # 2000476-2 ]. It is FURTHER ORDERED that appellants amended petition for panel rehearing be denied. [ # 2002253-2 ]. Before Judges: Henderson, Katsas and Walker. [22-5197] [Entered: 06/23/2023 04:42 PM] |
| PER CURIAM ORDER [2004267] filed denying appellants' corrected motion for judicial notice [ # 2003058-2 ]. Before Judges: Henderson, Katsas and Walker. [22-5197] [Entered: 06/21/2023 11:57 AM] |
| CORRECTED MOTION [2003058] for judicial notice filed by Kurt Kanam and Pilchuck Nation (Service Date: 06/09/2023 by CM/ECF NDA) Length Certification: 399 words. [22-5197] (Farid, Margaret) [Entered: 06/09/2023 06:52 PM] |
| MOTION [2003051] for judicial notice filed by Pilchuck Nation and Kurt Kanam (Service Date: 06/09/2023 by CM/ECF NDA) Length Certification: 399 words. [22-5197] (Farid, Margaret) [Entered: 06/09/2023 05:02 PM] |
| AMENDED PETITION [2002253] for rehearing, for rehearing en banc, Amended Petition for Panel ReHearing, ReHearing En Banc, or Vacatur and Remand filed by Appellants Kurt Kanam and Pilchuck Nation [Service Date: 06/05/2023 by CM/ECF NDA] Length Certification: 3,769 words. [22-5197] (Farid, Margaret) [Entered: 06/05/2023 05:12 PM] |
| PETITION [2002144] for rehearing, for rehearing en banc, 3,774Petition for Panel Rehearing, Rehearing en band or vacated and remand filed by Appellants Pilchuck Nation and Kurt Kanam [Service Date: 06/05/2023 by CM/ECF NDA] Length Certification: 3,774. [22-5197] (Farid, Margaret) [Entered: 06/05/2023 12:38 PM] |
| MOTION [2000476] to publish filed by Pilchuck Nation (Service Date: 05/23/2023 by CM/ECF NDA) Length Certification: 2197 words. [22-5197] (Happy, Jack) [Entered: 05/23/2023 02:52 PM] |
| PER CURIAM JUDGMENT [1996288] filed (without memorandum) that the district court's judgment be AFFIRMED. (SEE JUDGMENT FOR DETAILS) withholding issuance of the mandate. Before Judges: Henderson, Katsas and Walker. [22-5197] [Entered: 04/25/2023 08:58 AM] |
| PER CURIAM ORDER [1994885] filed that the court will dispose of the appeal without oral argument on the basis of the record and presentations in the briefs pursuant to Fed. R. App. 34(a)(2); D.C.Cir.Rule 34(j). Before Judges: Henderson, Katsas and Walker. [22-5197] [Entered: 04/14/2023 02:57 PM] |
| ENTRY OF APPEARANCE [1994137] filed by J. Nelson Happy on behalf of Appellants Kurt Kanam and Pilchuck Nation. [22-5197] (Happy, Jack) [Entered: 04/11/2023 10:05 AM] |
| FORM 72 submitted by Jack Happy on behalf of Appellants Kurt Kanam and Pilchuck Nation (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-5197]--[Edited 04/11/2023 by TAM] (Happy, Jack) [Entered: 04/11/2023 10:30 AM] |
| CORRECTED APPELLANT REPLY BRIEF [1993710] filed by Kurt Kanam, Plichuck Nation [Service Date: 04/06/2023 ] Length of Brief: 2,475 words. [22-5197]--[Edited 04/07/2023 by TAM] (Farid, Margaret) [Entered: 04/06/2023 06:55 PM] |
| APPELLANT REPLY BRIEF [1993310] lodged by Kurt Kanam, Pilchuck Nation [Service Date: 04/04/2023 ] Length of Brief: 2,500. [22-5197]--[Edited 04/05/2023 by TAM--MODIFIED EVENT FROM FILED TO LODGED] (Farid, Margaret) [Entered: 04/04/2023 04:57 PM] |
| CLERK'S ORDER [1990708] filed scheduling oral argument on Friday, 05/12/2023. [22-5197] [Entered: 03/17/2023 04:47 PM] |
| APPELLEE BRIEF [1990516] filed by BIA, Debra A. Haaland, Darryl LaCounte and Bryan Newland [Service Date: 03/16/2023 ] Length of Brief: 7534 words. [22-5197] (Smeltzer, John) [Entered: 03/16/2023 05:00 PM] |
| CLERK'S ORDER [1988130] filed granting appellants' motion for extension of time to file paper copies [ # 1987795-3 ]. [22-5197] [Entered: 03/01/2023 02:57 PM] |
| MOTION [1987795] to extend time to file paper copies filed by Kurt Kanam and Pilchuck Nation (Service Date: 02/27/2023 by CM/ECF NDA) Length Certification: 936 words. [22-5197]--[Edited 02/28/2023 by TAM] (Farid, Margaret) [Entered: 02/27/2023 07:54 PM] |
| CORRECTED APPENDIX [1984394] filed by Kurt Kanam and Pilchuck Nation [Volumes: 1] [Service Date: 02/02/2023] [22-5197]--[Edited 02/06/2023 by TAM] (Farid, Margaret) [Entered: 02/02/2023 03:51 PM] |
| APPENDIX [1984251] filed by Kurt Kanam and Pilchuck Nation [Service Date: 02/01/2023] [22-5197]--[Edited 02/02/2023 by EKC--MODIFIED EVENT] (Farid, Margaret) [Entered: 02/01/2023 07:01 PM] |
| CORRECTED APPELLANT BRIEF [1983087] filed by Kurt Kanam and Pilchuck Nation [Service Date: 01/25/2023 ] Length of Brief: 12,997 words. [22-5197] (Farid, Margaret) [Entered: 01/25/2023 02:17 PM] |
| APPELLANT BRIEF [1982944] lodged by Kurt Kanam and Pilchuck Nation [Service Date: 01/24/2023 ] Length of Brief: 12,997 words. [22-5197]--[Edited 01/25/2023 by TAM--MODIFIED EVENT FROM FILED TO LODGED] (Farid, Margaret) [Entered: 01/24/2023 09:20 PM] |
| CLERK'S ORDER [1980309] filed setting briefing schedule: APPELLANT Brief due 02/14/2023. APPENDIX due 02/14/2023. APPELLEE Brief due on 03/16/2023. APPELLANT Reply Brief due 04/06/2023 [22-5197] [Entered: 01/05/2023 02:30 PM] |
| PER CURIAM ORDER [1978946] filed denying motion for summary affirmance [ # 1964411-2 ]; denying motion for summary reversal [ # 1960500-2 ]. Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel. While not otherwise limited, the parties are directed to address in their briefs whether the present suit is barred by the doctrine of claim preclusion. Before Judges: Millett, Pillard and Pan. [22-5197] [Entered: 12/23/2022 11:45 AM] |
| REPLY [1970753] filed by BIA, Debra A. Haaland, Bryan Newland and Darryl LaCounte to response [ # 1970145-2 ] [Service Date: 10/26/2022 by CM/ECF NDA] Length Certification: 960 words. [22-5197] (Smeltzer, John) [Entered: 10/26/2022 06:31 PM] |
| REPLY [1970148] filed by Kurt Kanam and Pilchuck Nation to response [ # 1964411-3 ] [Service Date: 10/13/2021 by CM/ECF NDA] Length Certification: 1,974 words. [22-5197] (Farid, Margaret) [Entered: 10/21/2022 05:14 PM] |
| RESPONSE [1970145] to order and to motion [ # 1964411-2 ] filed by Pilchuck Nation and Kurt Kanam [Service Date: 10/21/2022 by CM/ECF NDA] Length Certification: 5,120 words. [22-5197] (Farid, Margaret) [Entered: 10/21/2022 05:12 PM] |
| REPLY [1966208] lodged by Kurt Kanam and Pilchuck Nation to response and RESPONSE IN OPPOSITION filed to Cross Motion [ # 1964411-2 ] [Service Date: 09/26/2022 by CM/ECF NDA] Length Certification: 7,265 words. [22-5197]--[MODIFIED EVENT--Edited 09/27/2022 by LMC] (Farid, Margaret) [Entered: 09/26/2022 09:26 PM] |
| RESPONSE IN OPPOSITION [1964411] to motion for summary reversal [ # 1960500-2 ] combined with a MOTION for summary affirmance filed by BIA, Debra A. Haaland, Darryl LaCounte and Bryan Newland [Service Date: 09/16/2022 by CM/ECF NDA] Length Certification: 5,194 words. [22-5197] (Smeltzer, John) [Entered: 09/16/2022 09:38 AM] |
| CLERK'S ORDER [1961053] filed granting motion to extend time [ # 1960929-2 ]; directing response to motion for summary reversal [ # 1960500-2 ] due on 09/16/2022; extending Clerk order initial submissions for appellee/respondent [ # 1954517-3 ] APPELLEE dispositive motions due 09/16/2022 [22-5197] [Entered: 08/26/2022 02:39 PM] |
| MOTION [1960929] to extend time to file response to 09/16/2022 filed by BIA, Debra A. Haaland, Darryl LaCounte and Bryan Newland (Service Date: 08/25/2022 by CM/ECF NDA) Length Certification: 421 words. [22-5197] (Smeltzer, John) [Entered: 08/25/2022 05:28 PM] |
| MOTION [1960500] for summary reversal filed by Pilchuck Nation and Kurt Kanam (Service Date: 08/23/2022 by CM/ECF NDA) Length Certification: 5,191 words. [22-5197] (Farid, Margaret) [Entered: 08/23/2022 06:29 PM] |
| ENTRY OF APPEARANCE [1959742] filed by Margaret Farid on behalf of Appellants Pilchuck Nation and Kurt Kanam. [22-5197] (Farid, Margaret) [Entered: 08/17/2022 03:50 PM] |
| NOTICE [1959315] to withdraw attorney Jack Nelson Happy who represented Kurt Kanam and Pilchuck Nation in 22-5197, to terminate attorney filed by Kurt Kanam and Pilchuck Nation [Service Date: 08/15/2022 ] [22-5197] (Happy, Jack) [Entered: 08/15/2022 11:57 AM] |
| DOCKETING STATEMENT [1958594] filed by Kurt Kanam and Pilchuck Nation [Service Date: 08/10/2022 ] [22-5197] (Happy, Jack) [Entered: 08/10/2022 08:42 AM] |
| TRANSCRIPT STATUS REPORT [1958595] filed by Kurt Kanam and Pilchuck Nation [Service Date: 08/10/2022 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [22-5197] (Happy, Jack) [Entered: 08/10/2022 08:46 AM] |
| UNDERLYING DECISION IN CASE [1958571] submitted by Kurt Kanam and Pilchuck Nation [22-5197] (Happy, Jack) [Entered: 08/09/2022 05:15 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1958569] filed by Kurt Kanam and Pilchuck Nation [Service Date: 08/09/2022 ] Intent: AppxDeferred [22-5197] (Happy, Jack) [Entered: 08/09/2022 05:09 PM] |
| STATEMENT OF ISSUES [1958568] filed by Kurt Kanam and Pilchuck Nation [Service Date: 08/09/2022 ] [22-5197] (Happy, Jack) [Entered: 08/09/2022 05:03 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1958567] filed by Kurt Kanam and Pilchuck Nation [Service Date: 08/09/2022 ] [22-5197] (Happy, Jack) [Entered: 08/09/2022 05:00 PM] |
| ENTRY OF APPEARANCE [1958562] filed by J. Nelson Happy on behalf of Appellants Kurt Kanam and Pilchuck Nation. [22-5197] (Happy, Jack) [Entered: 08/09/2022 04:43 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1957825] filed by BIA, Debra A. Haaland, Darryl LaCounte and Bryan Newland [Service Date: 08/04/2022 ] [22-5197] (Smeltzer, John) [Entered: 08/04/2022 11:58 AM] |
| ENTRY OF APPEARANCE [1957822] filed by John L. Smeltzer and co-counsel Mary Gabrielle Sprague on behalf of Appellees Debra A. Haaland, Bryan Newland, Darryl LaCounte and BIA. [22-5197] (Smeltzer, John) [Entered: 08/04/2022 11:52 AM] |
| ENTRY OF APPEARANCE [1955577] filed by Benton G. Peterson on behalf of Appellees BIA, Debra A. Haaland, Darryl LaCounte and Bryan Newland. [22-5197] (Peterson, Benton) [Entered: 07/19/2022 11:04 AM] |
| LETTER [1954514] sent regarding attorney membership to Margaret Magdy Farid for Kurt Kanam and Pilchuck Nation. Application for Admission due 08/11/2022. [22-5197] [Entered: 07/12/2022 12:01 PM] |
| CLERK'S ORDER [1954517] filed directing party to file initial submissions: APPELLANT docketing statement due 08/11/2022. APPELLANT certificate as to parties due 08/11/2022. APPELLANT statement of issues due 08/11/2022. APPELLANT underlying decision due 08/11/2022. APPELLANT deferred appendix statement due 08/11/2022. APPELLANT entry of appearance due 08/11/2022. APPELLANT transcript status report due 08/11/2022. APPELLANT procedural motions due 08/11/2022. APPELLANT dispositive motions due 08/26/2022; directing party to file initial submissions: APPELLEE certificate as to parties due 08/11/2022. APPELLEE entry of appearance due 08/11/2022. APPELLEE procedural motions due 08/11/2022. APPELLEE dispositive motions due 08/26/2022 [22-5197] [Entered: 07/12/2022 12:08 PM] |
| NOTICE OF APPEAL [1954393] seeking review of a decision by the U.S. District Court in 1:21-cv-01690-RJL filed by Kurt Kanam and Pilchuck Nation. Appeal assigned USCA Case Number: 22-5197. [22-5197] [Entered: 07/11/2022 04:22 PM] |
| US CIVIL CASE docketed. [22-5197] [Entered: 07/11/2022 04:20 PM] |
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