EASTERN BAND OF CHEROKEE INDIANS v. UNITED STATES DEPARTMENT OF THE INTERIOR et al
| EASTERN BAND OF CHEROKEE INDIANS, SONYA A. BEATY, DONNA M. LANDERS, JAMES EDWARD MCLEYMORE, FELICIA DOVER, BRIAN G. ARROWOOD, JASON C. MCLEYMORE, STEPHEN DEWEY MCLEYMORE, WILLIAM SHANE MCLEYMORE, WANDA CLARK, JOHN CHARLES MCLEYMORE, WILLIAM DEWEY MCLEYMORE and SHIRLEY M. ARROWOOD |
| TARA KATUK MAC LEAN SWEENEY, DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, R. GLENN MELVILLE, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF INDIAN AFFAIRS, DAVID L. BERNHARDT and UNITED STATES DEPARTMENT OF THE INTERIOR |
| CATAWBA INDIAN NATION |
| CHEROKEE NATION |
| 1:2020cv00757 |
| March 17, 2020 |
| US District Court for the District of Columbia |
| James E Boasberg |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 57 NOTICE of Filing Administrative Record Supplement by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR re #49 Notice (Other), (Attachments: #1 Exhibit Certification, #2 Exhibit Administrative Record Supplement, #3 Exhibit Administrative Record Index)(Dykema, Peter) |
| Filing 56 RESPONSE re #52 MOTION for Summary Judgment and Memorandum in Support filed by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR. (See Docket Entry #53 to view document) (ztth) |
| Filing 55 Memorandum in opposition to re #52 MOTION for Summary Judgment and Memorandum in Support filed by CATAWBA INDIAN NATION. (Attachments: #1 Declaration or Richard Horne, #2 Text of Proposed Order)(Volchok, Daniel) |
| Filing 54 Cross MOTION for Summary Judgment , Cross MOTION to Dismiss by CATAWBA INDIAN NATION (Attachments: #1 Declaration of Richard Horne, #2 Text of Proposed Order)(Volchok, Daniel) |
| Filing 53 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Dykema, Peter) |
| Filing 52 MOTION for Summary Judgment and Memorandum in Support by BRIAN G. ARROWOOD, SHIRLEY M. ARROWOOD, SONYA A. BEATY, CHEROKEE NATION, WANDA CLARK, FELICIA DOVER, EASTERN BAND OF CHEROKEE INDIANS, DONNA M. LANDERS, JAMES EDWARD MCLEYMORE, JASON C. MCLEYMORE, JOHN CHARLES MCLEYMORE, STEPHEN DEWEY MCLEYMORE, WILLIAM SHANE MCLEYMORE, WILLIAM DEWEY MCLEYMORE (Attachments: #1 Exhibit A - Declaration of Sonya Arrowood Beaty, #2 Exhibit B - Declaration of Felicia Dover, #3 Exhibit C - Declaration of Donna Landers, #4 Exhibit D - Declaration of Wanda Clark, #5 Exhibit E - Declaration of Shirley McLeymore Arrowood, #6 Exhibit F - Declaration of James E. McLeymore, #7 Exhibit G - Declaration of John C. McLeymore, #8 Exhibit H - Declaration of Stephen McLeymore, #9 Exhibit I - Declaration of William D. McLeymore, #10 Exhibit J - William S. McLeymore, #11 Text of Proposed Order re: Summary Judgment)(Nagle, Mary) |
| Filing 51 NOTICE of Appearance by Noah Bokat-Lindell on behalf of EASTERN BAND OF CHEROKEE INDIANS (Bokat-Lindell, Noah) |
| Filing 50 NOTICE of Appearance by Allison M. Tjemsland on behalf of EASTERN BAND OF CHEROKEE INDIANS (Tjemsland, Allison) |
| Filing 49 NOTICE of Lodging Administrative Record by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit A (Certification))(Dykema, Peter) |
| Set/Reset Deadlines: The Federal Defendants shall lodge the administrative record and file a certified list of its contents due by 9/8/2020. Summary Judgment motions due by 10/8/2020. Response to Motion for Summary Judgment due by 11/9/2020. Cross Motions due by 11/9/2020. Reply to Motion for Summary Judgment due by 12/11/2020. Response to Cross Motions due by 12/11/2020. Reply to Cross Motions due by 1/11/2021. Appendix due by 1/25/2021. (nbn) |
MINUTE ORDER: The Court ADOPTS the parties' #48 Joint Proposed Briefing Schedule and ORDERS that: (1) The Federal Defendants shall lodge the administrative record and file a certified list of its contents by September 8, 2020; (2) Plaintiffs shall file their motion(s) for summary judgment or motion(s) to compel and/or for leave to take discovery by October 8, 2020, not to exceed 50 pages shared or cumulative; (3) If Plaintiffs have moved for summary judgment, Defendants shall file their combined cross-motions and oppositions by November 9, 2020, not to exceed 60 pages shared or cumulative; (4) Plaintiffs shall file their reply or replies and opposition(s) by December 11, 2020, not to exceed 50 pages shared or cumulative; (5) Defendants shall file their replies by January 11, 2021, not to exceed 35 pages shared or cumulative; and (6) The parties shall file the joint appendix by January 25, 2021. So ORDERED by Judge James E. Boasberg on 08/11/2020. (lcjeb2)
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| Filing 48 Joint STATUS REPORT by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Text of Proposed Order)(Dykema, Peter) |
| Set/Reset Deadlines: Joint Status Report due by 8/10/2020. (znbn) |
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MINUTE ORDER: Given the filing of Answers in this matter, the Court ORDERS that, by August 10, 2020, the parties shall submit a joint status report with a proposed briefing schedule. So ORDERED by Judge James E. Boasberg on 07/31/2020. (lcjeb2)
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| Filing 47 ANSWER to #42 Amended Complaint by CATAWBA INDIAN NATION.(Volchok, Daniel) |
| Filing 46 ANSWER to #41 Amended Complaint,,,,,, by CATAWBA INDIAN NATION.(Volchok, Daniel) |
| Filing 45 ANSWER to #42 Amended Complaint by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR.(Sullivan, Sally) |
| Filing 44 ANSWER to #41 Amended Complaint,,,,,, by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR.(Dykema, Peter) |
| Filing 43 NOTICE of Appearance by Rebecca M. Lee on behalf of CATAWBA INDIAN NATION (Lee, Rebecca) |
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MINUTE ORDER: Given the filing of the #41 Amended Complaint, the Court ORDERS that the [36, 37] Motions to Dismiss are DENIED WITHOUT PREJUDICE as moot. So ORDERED by Judge James E. Boasberg on 7/7/2020. (lcjeb1)
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| Filing 42 AMENDED COMPLAINT IN INTERVENTION against All Defendants filed by CHEROKEE NATION. (Attachments: #1 Declaration Declaration of Elizabeth Toombs)(Taylor-Qualls, Paiten) |
| Filing 41 AMENDED COMPLAINT against DAVID L. BERNHARDT, CATAWBA INDIAN NATION, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR filed by EASTERN BAND OF CHEROKEE INDIANS, WANDA CLARK, WILLIAM DEWEY MCLEYMORE, JAMES EDWARD MCLEYMORE, DONNA M. LANDERS, SHIRLEY M. ARROWOOD, JASON C. MCLEYMORE, BRIAN G. ARROWOOD, STEPHEN DEWEY MCLEYMORE, JOHN CHARLES MCLEYMORE, SONYA A. BEATY, FELICIA DOVER, WILLIAM SHANE MCLEYMORE. (Attachments: #1 Declaration July 6, 2020 Decl. of EBCI Principal Chief Richard Sneed, #2 Declaration July 6, 2020 Decl. of EBCI THPO Russell Townsend, #3 Exhibit A - Draft EA, #4 Exhibit B - EBCI Comments on Draft EA, #5 Exhibit C - BIA January 30, 2020 Letter to EBCI THPO, #6 Exhibit D - EBCI Meeting Schedule Email to BIA, #7 Exhibit E - February 7, 2020 Briefing Paper, #8 Exhibit F - March 12 Decision, #9 Exhibit G - March 16, 2020 Email, #10 Exhibit H - Final EA, #11 Exhibit I - FONSI, #12 Exhibit J - Catawba Settlement Agreement, #13 Exhibit K - 2013 EBCI Resolution, #14 Exhibit L - Royce Map, #15 Exhibit M - Clay County Resolution, #16 Exhibit N - Graham County Resolution, #17 Exhibit O - Swain County Resolution, #18 Exhibit P - Cherokee County Resolution, #19 Exhibit Q - Jackson County Resolution, #20 Exhibit R - Haywood County Resolution, #21 Exhibit S - Town of Murphy Resolution, #22 Exhibit T - 2019 Letter from NC Gen. Assembly, #23 Exhibit U - USET Resolution)(Nagle, Mary) |
| Filing 40 NOTICE of Appearance by Zachary Charles Schauf on behalf of EASTERN BAND OF CHEROKEE INDIANS (Schauf, Zachary) |
| Filing 39 NOTICE of Appearance by Sam Hirsch on behalf of EASTERN BAND OF CHEROKEE INDIANS (Hirsch, Sam) |
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MINUTE ORDER GRANTING Joint #38 Motion for Scheduling Order. The Court ORDERS that: 1) Plaintiff and Plaintiff-Intervenor shall each file an Amended Complaint by July 6, 2020; and 2) Defendants and Defendant-Intervenor shall each Answer or otherwise respond to the Amended Complaints by July 30, 2020. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2)
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| Set/Reset Deadlines: Amended Pleadings due by 7/6/2020. Responses due by 7/30/2020. (znbn) |
| Filing 38 Joint MOTION for Scheduling Order by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Dykema, Peter) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Dykema, Peter) |
| Filing 36 MOTION to Dismiss by CATAWBA INDIAN NATION (Attachments: #1 Text of Proposed Order)(Volchok, Daniel) |
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MINUTE ORDER: The Court ORDERS that the Catawba's #35 Motion for Leave is GRANTED IN PART and DENIED IN PART, and their Memorandum shall not exceed 50 pages. So ORDERED by Judge James E. Boasberg on 6/5/2020. (lcjeb2)
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| Filing 35 Unopposed MOTION for Leave to File an Overlength Motion and Supporting Memorandum by CATAWBA INDIAN NATION (Attachments: #1 Text of Proposed Order)(Volchok, Daniel) |
| Filing 34 SUMMONS (5) Issued Electronically as to DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR. (ztth) |
| Filing 33 INTERVENOR COMPLAINT In Intervention by Cherokee Nation against All Defendants ( Filing fee $ 400 receipt number ADCDC-7102932) filed by CHEROKEE NATION. (Attachments: #1 Declaration Declaration of Elizabeth Toombs, #2 Civil Cover Sheet, #3 Summons DOI, #4 Summons BIA, #5 Summons Bernhardt, #6 Summons Sweeney, #7 Summons Melville)(Taylor-Qualls, Paiten); Modified text on 5/11/2020 (ztth). |
| Set/Reset Deadlines: Answer due by 6/15/2020. (znbn) |
| Filing 32 NOTICE of Appearance by Chad C Harsha on behalf of CHEROKEE NATION (Harsha, Chad) |
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MINUTE ORDER GRANTING Federal Defendants' #20 Motion for Extension of Time. The Court ORDERS that: 1) Federal Defendants shall Answer or otherwise respond to Plaintiff's Complaint by June 15, 2020; 2) If they file an Answer, they shall lodge the administrative record within 45 days of that filing; and 3) If they instead file a motion to dismiss, they shall lodge the administrative record within 45 days of the Court's ruling on that motion. So ORDERED by Judge James E. Boasberg on 5/6/2020. (lcjeb2)
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MINUTE ORDER GRANTING Cherokee Nation's #26 Motion to Intervene. So ORDERED by Judge James E. Boasberg on 5/6/2020. (lcjeb2)
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| Filing 31 NOTICE of Appearance by Sara Hill on behalf of CHEROKEE NATION (Hill, Sara) |
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Filing 30
MINUTE ORDER GRANTING #29 Motion for Admission Pro Hac Vice of SARA HILL. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. So ORDERED by Judge James E. Boasberg on 5/4/2020. (lcjeb2)
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sara E. Hill, Fee Status: No Fee Paid. by CHEROKEE NATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Taylor-Qualls, Paiten) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Chad C. Harsha, Fee Status: No Fee Paid. by CHEROKEE NATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Taylor-Qualls, Paiten) |
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MINUTE ORDER GRANTING #28 Motion for Admission Pro Hac Vice of CHAD HARSHA. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. So ORDERED by Judge James E. Boasberg on 5/4/2020. (lcjeb2)
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MINUTE ORDER: The Court ORDERS that: 1) the #24 and #25 Motions for Leave to Appear Pro Hac Vice are DENIED WITHOUT PREJUDICE for failure to comply with Local Rule 83.2(d) by specifying the number of times within the past two years that the Movants have been admitted pro hac vice to this Court; and 2) The Court grants the Movants leave to refile with the required information. So ORDERED by Judge James E. Boasberg on 5/4/2020. (lcjeb2)
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| Filing 27 Memorandum in opposition to re #20 First MOTION for Extension of Time to File Answer re #1 Complaint, and for relief from LR 7 (n) filed by EASTERN BAND OF CHEROKEE INDIANS. (Nagle, Mary) |
| Filing 26 MOTION to Intervene by CHEROKEE NATION (Attachments: #1 Exhibit Complaint in Intervention, #2 Declaration, #3 Text of Proposed Order)(Taylor-Qualls, Paiten) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Chad C. Harsha, Filing fee $ 100, receipt number ADCDC-7082715. Fee Status: Fee Paid. by CHEROKEE NATION (Attachments: #1 Declaration, #2 Text of Proposed Order Proposed Order or Chad Harsha Pro Hac Vice, #3 Text of Proposed Order Proposed Order for Sara Hill Pro Hac Vice)(Taylor-Qualls, Paiten) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sara E. Hill, Filing fee $ 100, receipt number ADCDC-7082678. Fee Status: Fee Paid. by CHEROKEE NATION (Attachments: #1 Declaration)(Taylor-Qualls, Paiten) |
| Filing 23 NOTICE of Appearance by Paiten Taylor-Qualls on behalf of CHEROKEE NATION (Taylor-Qualls, Paiten) |
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Filing 22
MEMORANDUM OPINION re #21 Order on Motion for a Preliminary Injunction. Signed by Judge James E. Boasberg on 4/30/2020. (lcjeb3)
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Filing 21
ORDER: The Court ORDERS that Plaintiff's #2 Motion for a Preliminary Injunction is DENIED. Signed by Judge James E. Boasberg on 4/30/2020. (lcjeb3)
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| Filing 20 First MOTION for Extension of Time to File Answer re #1 Complaint, and for relief from LR 7 (n) by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Dykema, Peter) |
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MINUTE ORDER: If Plaintiff opposes Defendants' #20 Motion for Extension, the Court ORDERS that if file such opposition by May 1, 2020. So ORDERED by Judge James E. Boasberg on 4/28/2020. (lcjeb2)
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| Set/Reset Deadlines: Opposition due by 5/1/2020. (nbn) |
| ENTERED IN ERROR.....NOTICE OF ERROR re #19 Notice (Other); emailed to daniel.volchok@wilmerhale.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Document #19 was entered in error. Please refile in pleading format. See LCvR 5.1 (a). (ztth, ); Modified on 4/20/2020 (ztth). |
| Filing 19 NOTICE per the Court's directive at the April 15 hearing in this matter. by CATAWBA INDIAN NATION (Volchok, Daniel |
| Filing 18 NOTICE of Filing Demonstrative Exhibits by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit Demonstrative Exhibits)(Dykema, Peter) |
| Minute Entry for proceedings held before Judge James E. Boasberg: Telephonic Motion Hearing held on 4/15/2020. Oral arguments heard in re of #2 MOTION for Temporary Restraining Order. Order forthcoming. (Court Reporter Lisa Griffith) (nbn) |
| Filing 17 REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EASTERN BAND OF CHEROKEE INDIANS. (Attachments: #1 Declaration EBCI Principal Chief Richard Sneed, #2 Declaration Cherokee Nation THPO, #3 Declaration EBCI THPO 2, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Nagle, Mary) |
| Filing 16 RESPONSE re #14 MOTION for Leave to File Excess Pages for Consolidated Reply filed by DAVID L. BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Dykema, Peter) |
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MINUTE ORDER: The Court ORDERS that Plaintiff's #14 Motion for Leave to File Excess Pages is GRANTED IN PART and DENIED IN PART. The brief attached to the Motion violates the Court's Local Rule on excessive footnotes. As a result, the Court ORDERS that Plaintiff may refile its consolidated brief up to 50 pages by April 13, 2020, with no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 4/13/2020. (lcjeb2)
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MINUTE ORDER: In response to Defendants and Defendant-Intervenor's [15, 16] Responses, the Court ORDERS that it shall not entertain new legal theories raised for the first time in Plaintiff's Reply. So ORDERED by Judge James E. Boasberg on 4/13/2020. (lcjeb2)
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MINUTE ORDER: The Court ORDERS that the hearing on April 15, 2020, will occur by telephone. Chambers will contact the parties by email with instructions for calling in to the Court's conference-call line. So ORDERED by Judge James E. Boasberg on 4/13/2020. (lcjeb2)
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| Set/Reset Hearings: Telephone Conference set for 4/15/2020 at 11:00 AM in Chambers before Judge James E. Boasberg. (nbn) |
| Filing 15 RESPONSE re #14 MOTION for Leave to File Excess Pages for Consolidated Reply filed by CATAWBA INDIAN NATION. (Volchok, Daniel) |
| Filing 14 MOTION for Leave to File Excess Pages for Consolidated Reply by EASTERN BAND OF CHEROKEE INDIANS (Attachments: #1 Exhibit Eastern Band of Cherokee Indians Reply, #2 Declaration Principal Chief Richard Sneed, #3 Declaration Cherokee Nation THPO, #4 Declaration Eastern Band of Cherokee Indians THPO, #5 Exhibit Reply Ex. A, #6 Exhibit Reply Ex. B, #7 Exhibit Reply Ex. C, #8 Exhibit Reply Ex. D)(Nagle, Mary) |
| Filing 13 RESPONSE re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DAVID BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Dykema, Peter) |
| Filing 12 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CATAWBA INDIAN NATION. (Attachments: #1 Exhibit A - Volchok Declaration, #2 Exhibit A-1 - Draft EA, #3 Exhibit A-2 - Lujan Affidavit, #4 Exhibit A-3 - Clark Affidavit, #5 Exhibit A-4 - Richardson Letter, #6 Exhibit A-5 - Trotter Affidavit, #7 Exhibit B - Harris Declaration, #8 Exhibit C - Allen Declaration, #9 Text of Proposed Order)(Volchok, Daniel) |
| Filing 11 NOTICE of Appearance by Samuel M. Strongin on behalf of CATAWBA INDIAN NATION (Strongin, Samuel) |
| Filing 10 NOTICE of Appearance by Alex Hemmer on behalf of CATAWBA INDIAN NATION (Hemmer, Alex) |
| Filing 9 NOTICE of Appearance by Arpit K. Garg on behalf of CATAWBA INDIAN NATION (Garg, Arpit) |
| Set/Reset Deadlines/Hearings: Oppositions due by 4/3/2020. Reply due by 4/10/2020. Preliminary Injunction Hearing set for 4/15/2020 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (znbn) |
| Filing 8 Joint MOTION for Scheduling Order by DAVID BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Dykema, Peter) |
| Filing 7 Unopposed MOTION to Intervene and Memorandum of Law in Support by The Catawba Indian Nation (Attachments: #1 Text of Proposed Order)(Volchok, Daniel) |
| Filing 6 NOTICE of Appearance by Daniel S. Volchok on behalf of The Catawba Indian Nation (Volchok, Daniel) |
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MINUTE ORDER: The Court GRANTS the Catawba Indian Nation's #7 Motion to Intervene. So ORDERED by Judge James E. Boasberg on 3/23/2020. (lcjeb1)
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MINUTE ORDER: The Court GRANTS the parties' #8 Joint Motion for a Scheduling Order. It further ORDERS that: 1) The Federal Defendants shall file their opposition to the Motion for a Preliminary Injunction by April 3, 2020; 2) Intervenor Defendant Catawba Indian Nation shall file any opposition to the Motion for a Preliminary Injunction by April 3, 2020; 3) Plaintiff shall file its Reply by April 10, 2020; and 4) A hearing shall be conducted on the preliminary injunction motion on April 15, 2020 at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 3/23/2020. (lcla)
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| Filing 5 NOTICE of Appearance by Sally J. Sullivan on behalf of DAVID BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR (Sullivan, Sally) |
| Filing 4 NOTICE of Appearance by Peter Kryn Dykema on behalf of All Defendants (Dykema, Peter) |
| Filing 3 SUMMONS (7) Issued Electronically as to DAVID BERNHARDT, R. GLENN MELVILLE, TARA KATUK MAC LEAN SWEENEY, UNITED STATES BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
| Case Assigned to Judge James E. Boasberg. (zsb) |
| Filing 2 MOTION for Temporary Restraining Order by EASTERN BAND OF CHEROKEE INDIANS (Attachments: #1 Text of Proposed Order)(Nagle, Mary). Added MOTION for Preliminary Injunction on 3/18/2020 (znmw). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6929753) filed by EASTERN BAND OF CHEROKEE INDIANS. (Attachments: #1 Declaration Decl. of Russell Townsend, EBCI THPO, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Civil Cover Sheet, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons)(Nagle, Mary) |
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