CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION et al v. MNUCHIN
| TULALIP TRIBES, HOULTON BAND OF MALISEET INDIANS, AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, NAVAJO NATION, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE, PUEBLO OF PICURIS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, OGLALA SIOUX TRIBE, SAN CARLOS APACHE TRIBE, ARTIC VILLAGE COUNCIL, ELK VALLEY RANCHERIA, CALIFORNIA, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, NONDALTON TRIBAL COUNCIL and UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION |
| STEVEN MNUCHIN |
| NAPASKIAK, INCORPORATED, ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., CALISTA CORPORATION, ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC., KWETHLUK, INCORPORATED, AKIACHAK, LIMITED, SEA LION CORPORATION, AHTNA, INC. and ST. MARY'S NATIVE CORPORATION |
| NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION, GILA RIVER INDIAN COMMUNITY, AFFILIATED TRIBES OF NORTHWEST INDIANS, UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND, NATIONAL INDIAN GAMING ASSOCIATION, ALL PUEBLO COUNCIL OF GOVERNORS, CALIFORNIA TRIBAL CHAIRPERSON'S ASSOCIATION, NATIONAL CONGRESS OF AMERICAN INDIANS, CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION, ANCSA REGIONAL ASSOCIATION, GREAT PLAINS TRIBAL CHAIRMEN'S ASSOCIATION, INC., INTER-TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES, MIDWEST ALLIANCE OF SOVEREIGN TRIBES, ALASKA FEDERATION OF NATIVES, INC., ARIZONA INDIAN GAMING ASSOCIATION, NOTTAWASEPPI HURON BAND OF THE POTAWATOMI, ALASKA NATIVE VILLAGE ASSOCIATION, PENOBSCOT NATION and INTER TRIBAL ASSOCIATION OF ARIZONA, INC. |
| 1:2020cv01002 |
| April 17, 2020 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0706 Judicial Review of Agency Actions |
| None |
Docket Report
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This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.
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Filing 122
MANDATE of USCA as to (111 in 1:20-cv-01002-APM) Notice of Appeal to DC Circuit Court, filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION ; USCA Case Number 20-5204. (Attachments: #1 Judgment)(zeg)
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Filing 121
ORDER of USCA (certified copy) as to (111 in 1:20-cv-01002-APM) Notice of Appeal to DC Circuit Court, filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION ; USCA Case Number 20-5204. (eg)
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MANDATE RECALLED pursuant to USCA Order re #120 USCA Mandate dated 12/21/2020 ; USCA electronically notified. (zsb) Modified link on 8/6/2021 (znmw).
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Filing 120
RETURNED ON 08/03/2021 PURSUANT TO INSTRUCTIONS FROM THE U.S. COURT OF APPEALS.....MANDATE of USCA as to #111 Notice of Appeal to DC Circuit Court, filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION ; USCA Case Number 20-5204. (Attachments: #1 USCA Judgment)(zjf) Modified on 8/4/2021 (zsb).
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Filing 119
NOTICE OF WITHDRAWAL OF MOTION by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES re #118 MOTION for Extension of Time to Extend Injunction Pending Appeal (Kanji, Riyaz)
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Filing 118
WITHDRAWN PURSUANT TO NOTICE FILED ON 09/14/2020.....MOTION for Extension of Time to Extend Injunction Pending Appeal by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES (Attachments: #1 Text of Proposed Order)(Kanji, Riyaz) Modified on 9/18/2020 (eg).
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Filing 117
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #116 Notice of Appeal to DC Circuit Court. (eg) (Main Document 117 replaced on 7/15/2020) (zeg).
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USCA Case Number 20-5209 for #116 Notice of Appeal to DC Circuit Court filed by CHEYENNE RIVER SIOUX TRIBE. (zrdj)
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Filing 116
NOTICE OF APPEAL TO DC CIRCUIT COURT by CHEYENNE RIVER SIOUX TRIBE. Filing fee $ 505, receipt number ADCDC-7338328. Fee Status: Fee Paid. Parties have been notified. (Ducheneaux, Nicole)
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Filing 115
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #113 Notice of Appeal to DC Circuit Court,. (eg)
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Filing 114
ERRATA by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION #111 Notice of Appeal to DC Circuit Court, filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit Ute Indian Tribe's Corrected Notice of Appeal)(Rasmussen, Jeffrey)
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Filing 113
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #97 Memorandum & Opinion, by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. Filing fee $ 505, receipt number ADCDC-7336116. Fee Status: Fee Paid. Parties have been notified. (Kanji, Riyaz)
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Filing 112
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #111 Notice of Appeal to DC Circuit Court,. (eg)
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USCA Case Number 20-5204 for #111 Notice of Appeal to DC Circuit Court, filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (zrdj)
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USCA Case Number 20-5205 for #113 Notice of Appeal to DC Circuit Court, filed by QUINAULT INDIAN NATION, PUEBLO OF PICURIS, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ASA'CARSARMIUT TRIBE, ALEUT COMMUNITY OF ST. PAUL ISLAND, NAVAJO NATION, AKIAK NATIVE COMMUNITY, TULALIP TRIBES, SAN CARLOS APACHE TRIBE, HOULTON BAND OF MALISEET INDIANS, ELK VALLEY RANCHERIA, CALIFORNIA. (zrdj)
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Filing 111
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #98 Order, #97 Memorandum & Opinion, by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. Filing fee $ 505, receipt number ADCDC-7333262. Fee Status: Fee Paid. Parties have been notified. (Rasmussen, Jeffrey)
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Filing 110
ERRATA by ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC. #109 Notice of Withdrawal of Appearance filed by ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC., ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC.. (Attachments: #1 Errata Consent by ANVCA)(Williams, Christine)
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Filing 109
NOTICE OF WITHDRAWAL OF APPEARANCE as to ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC.. Attorney James Harrison Powell, II terminated. (Williams, Christine)
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Filing 108
NOTICE OF WITHDRAWAL OF APPEARANCE as to ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC.. Attorney Christine Williams terminated. (Williams, Christine)
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Filing 107
MEMORANDUM OPINION AND ORDER granting #99 Confederated Tribes Plaintiffs' Motion for Injunction Pending Appeal. The court's Order of June 26, 2020, ECF No. #98 , is hereby stayed until the earlier of September 15, 2020, or resolution of this matter by a three-judge panel of the D.C. Circuit, so long as Plaintiffs file a notice of appeal and seek expedited review by July 14, 2020. See the attached Memorandum Opinion for further details. Signed by Judge Amit P. Mehta on 07/07/2020. (lcapm2) Modified on 7/7/2020 (lcapm2).
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Set/Reset Deadlines: Notice of Appeal due by 7/14/2020. (zjd)
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Filing 106
RESPONSE re #99 MOTION for Leave to File Injunction Pending Appeal filed by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. (Kanji, Riyaz)
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Filing 105
RESPONSE re #99 MOTION for Leave to File Injunction Pending Appeal filed by AHTNA, INC.. (Attachments: #1 Exhibit Declaration of Ken Johns)(O'Leary, Michael)
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Filing 104
RESPONSE re #99 MOTION for Leave to File Injunction Pending Appeal filed by ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC.. (Wolff, Daniel)
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Filing 103
RESPONSE re #99 MOTION for Leave to File Injunction Pending Appeal filed by STEVEN MNUCHIN. (Lynch, Jason)
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Filing 102
RESPONSE re #99 MOTION for Leave to File Injunction Pending Appeal filed by AKIACHAK, LIMITED, CALISTA CORPORATION, KWETHLUK, INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION CORPORATION, ST. MARY'S NATIVE CORPORATION. (Clement, Paul)
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Filing 101
RESPONSE TO ORDER OF THE COURT re Order,, filed by STEVEN MNUCHIN. (Lynch, Jason)
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Filing 100
MOTION for Joinder by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION re #99 MOTION for Leave to File Injunction Pending Appeal (Rasmussen, Jeffrey) Modified docket event/text on 7/2/2020 (eg).
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Filing 99
MOTION for Leave to File Injunction Pending Appeal by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES (Attachments: #1 Text of Proposed Order)(Kanji, Riyaz)
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MINUTE ORDER. To ensure that Plaintiff Confederated Tribes' Motion for Injunction Pending Appeal receives the court's full consideration, Defendant Secretary of Treasury shall provide the court at least one business day's notice before he disburses any CARES Act funds designated for Alaska regional or village corporations. The parties shall meet and confer and advise the court by July 1, 2020, whether any defendant opposes the requested injunction pending appeal and, if there is such objection, propose a briefing schedule. Signed by Judge Amit P. Mehta on 06/29/2020. (lcapm2)
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Set/Reset Deadlines: Meet & Confer Statement due by 7/1/2020. (zjd)
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Filing 98
ORDER. For the reasons set forth in the #97 Memorandum Opinion, the court grants #79 the Secretary's and #78 Defendant-Intervenors' Motions for Summary Judgment, and enters judgment in favor of Defendants in each of the consolidated cases. The preliminary injunction entered on April 27, 2020, ECF No. #37 , is hereby dissolved. See the attached Order for further details. Signed by Judge Amit P. Mehta on 06/26/2020. (lcapm2)
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Filing 97
MEMORANDUM OPINION granting the Secretary's and Defendant-Intervenors' Motions for Summary Judgment, ECF Nos. #79 and #78 , and denying Plaintiffs' Motions for Summary Judgment, ECF Nos. #76 and #77 . See the attached Memorandum Opinion for further details. Signed by Judge Amit P. Mehta on 06/26/2020. (lcapm2)
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Filing 96
Second AMENDED COMPLAINT against STEVEN MNUCHIN filed by ARTIC VILLAGE COUNCIL, OGLALA SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, ROSEBUD SIOUX TRIBE, CHEYENNE RIVER SIOUX TRIBE.(eg)
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MINUTE ORDER granting #95 Cheyenne River Sioux Tribe Plaintiffs' Motion for Leave to File Second Amended Complaint. Signed by Judge Amit P. Metha on 06/25/2020. (lcapm2)
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Filing 95
MOTION to Amend/Correct Complaint by ARTIC VILLAGE COUNCIL, CHEYENNE RIVER SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE (Attachments: #1 Proposed Amended Complaint)(Ducheneaux, Nicole)
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Filing 94
TRANSCRIPT OF MOTION HEARING VIA VIDEOCONFERENCING PROCEEDINGS before Judge Amit P. Mehta held on June 12, 2020; Page Numbers: 1-145. Date of Issuance: June 17, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/8/2020. Redacted Transcript Deadline set for 7/18/2020. Release of Transcript Restriction set for 9/15/2020.(wz)
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Filing 93
Second AMENDED COMPLAINT against STEVEN MNUCHIN filed by PUEBLO OF PICURIS, SAN CARLOS APACHE TRIBE, TULALIP TRIBES, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, NAVAJO NATION, ELK VALLEY RANCHERIA, CALIFORNIA, ALEUT COMMUNITY OF ST. PAUL ISLAND, HOULTON BAND OF MALISEET INDIANS, AKIAK NATIVE COMMUNITY, QUINAULT INDIAN NATION, ASA'CARSARMIUT TRIBE.(eg)
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MINUTE ORDER granting #92 Motion for Leave to File Amended Complaint. Signed by Judge Amit P. Mehta on 06/17/2020. (lcapm2)
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Filing 92
MOTION for Leave to File Second Amended Complaint by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES (Attachments: #1 Proposed Second Amended Complaint, #2 Text of Proposed Order)(Kanji, Riyaz)
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| Minute Entry for proceedings held via video conference before Judge Amit P. Mehta: Motion Hearing held on 6/12/2020 re #76 #77 #78 #79 Cross-Motions for Summary Judgment. Arguments heard and taken under advisement. (Court Reporter: William Zaremba)(zjd) Modified on 6/12/2020 (zjd). |
| Filing 91 MOTION to Divide Argument Time by AHTNA, INC., AKIACHAK, LIMITED, ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ARTIC VILLAGE COUNCIL, ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC., CALISTA CORPORATION, CHEYENNE RIVER SIOUX TRIBE, KWETHLUK, INCORPORATED, NAPASKIAK, INCORPORATED, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE, SEA LION CORPORATION, ST. MARY'S NATIVE CORPORATION (Attachments: #1 Text of Proposed Order)(Wolff, Daniel) |
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MINUTE ORDER granting #91 Motion to Divide Argument Time. The court also will afford the Ute Tribe Plaintiffs time for argument, if they wish to present one. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 06/11/2020. (lcapm2) Modified on 6/11/2020 (lcapm2).
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| Filing 90 JOINT APPENDIX by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. (Attachments: #1 Appendix)(Kanji, Riyaz) |
| Filing 89 RESPONSE re #79 MOTION for Summary Judgment , #78 MOTION for Summary Judgment , #76 Joint MOTION for Summary Judgment Response/Reply in Support of Joint Motion for Summary Judgment filed by ARTIC VILLAGE COUNCIL, CHEYENNE RIVER SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE, UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Furlong, Wesley) |
| Filing 88 RESPONSE re #76 Joint MOTION for Summary Judgment , #77 MOTION for Summary Judgment filed by STEVEN MNUCHIN. (Lynch, Jason) |
| Filing 87 RESPONSE re #79 MOTION for Summary Judgment , #78 MOTION for Summary Judgment , #77 MOTION for Summary Judgment filed by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. (Kanji, Riyaz) |
| Filing 86 RESPONSE re #76 Joint MOTION for Summary Judgment , #77 MOTION for Summary Judgment filed by AHTNA, INC., AKIACHAK, LIMITED, ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC., CALISTA CORPORATION, KWETHLUK, INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION CORPORATION, ST. MARY'S NATIVE CORPORATION. (Attachments: #1 Declaration S. Buretta Supp. Decl.)(Wolff, Daniel) |
| Filing 84 Joint MOTION for Leave to File Excess Pages by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ARTIC VILLAGE COUNCIL, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES, UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order)(Ducheneaux, Nicole) Modified event title on 6/9/2020 (znmw). |
| Filing 83 Joint MOTION to Expedite by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, HOULTON BAND OF MALISEET INDIANS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES (Attachments: #1 Text of Proposed Order)(Ducheneaux, Nicole) |
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MINUTE ORDER regarding the June 12, 2020, hearing on the parties' cross-motions for summary judgment. One lawyer shall present argument on behalf of each grouping of parties (Plaintiffs, Intervenor-Defendants, and the Secretary). In light of the comprehensive briefing presented by the parties, the court will not hear argument by any amici curiae. Signed by Judge Amit P. Mehta on 06/08/2020. (lcapm2)
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MINUTE ORDER granting #84 Motion for Separate Briefing and Additional Pages. Plaintiffs may file two response/reply briefs that do not exceed a combined total of fifty pages. Signed by Judge Amit P. Mehta on 06/08/2020. (lcapm2)
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| Filing 85 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALASKA FEDERATION OF NATIVES, INC. (eg) |
| Filing 82 AMICUS BRIEF re #76 Joint MOTION for Summary Judgment filed by ROSEBUD SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, CHEYENNE RIVER SIOUX TRIBE, NAVAJO NATION, UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, OGLALA SIOUX TRIBE, NONDALTON TRIBAL COUNCIL, ARTIC VILLAGE COUNCIL, #77 MOTION for Summary Judgment filed by QUINAULT INDIAN NATION, PUEBLO OF PICURIS, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ASA'CARSARMIUT TRIBE, ALEUT COMMUNITY OF ST. PAUL ISLAND, NAVAJO NATION, AKIAK NATIVE COMMUNITY, TULALIP TRIBES, SAN CARLOS APACHE TRIBE, HOULTON BAND OF MALISEET INDIANS, ELK VALLEY RANCHERIA, CALIFORNIA by AFFILIATED TRIBES OF NORTHWEST INDIANS, ALL PUEBLO COUNCIL OF GOVERNORS, ARIZONA INDIAN GAMING ASSOCIATION, CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION, CALIFORNIA TRIBAL CHAIRPERSON'S ASSOCIATION, GREAT PLAINS TRIBAL CHAIRMEN'S ASSOCIATION, INC., INTER TRIBAL ASSOCIATION OF ARIZONA, INC., INTER-TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES, MIDWEST ALLIANCE OF SOVEREIGN TRIBES, NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN GAMING ASSOCIATION, UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND. (Smith, Kaighn) Modified event title on 6/9/2020 (znmw). |
| Filing 81 AMICUS BRIEF re #79 MOTION for Summary Judgment , #78 MOTION for Summary Judgment , #76 Joint MOTION for Summary Judgment , #77 MOTION for Summary Judgment filed by ALASKA FEDERATION OF NATIVES, INC.. (Attachments: #1 Affidavit Local Rule 7.1 Certificate)(Lister, James) Modified docket event/text on 6/8/2020 (eg). |
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MINUTE ORDER granting #75 Unopposed Motion for Leave to File Amicus Curiae Brief. Signed by Judge Amit P. Mehta on 05/31/2020. (lcapm2)
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| Filing 80 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALASKA FEDERATION OF NATIVES, INC. (eg) |
| Filing 79 MOTION for Summary Judgment by STEVEN MNUCHIN (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - 1977 Final Report, #3 Text of Proposed Order)(Lynch, Jason) |
| Filing 78 MOTION for Summary Judgment by AHTNA, INC., AKIACHAK, LIMITED, ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC., CALISTA CORPORATION, KWETHLUK, INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION CORPORATION, ST. MARY'S NATIVE CORPORATION (Attachments: #1 Memorandum in Support, #2 Declaration S. Minich Supp. Decl., #3 Text of Proposed Order)(Wolff, Daniel) |
| Filing 77 MOTION for Summary Judgment by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Kanji, Riyaz) |
| Filing 76 Joint MOTION for Summary Judgment by ARTIC VILLAGE COUNCIL, CHEYENNE RIVER SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE, UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Declaration Frazier, #4 Exhibit Frazier, #5 Exhibit Frazier, #6 Exhibit Frazier, #7 Exhibit Frazier, #8 Exhibit Frazier, #9 Exhibit Frazier, #10 Exhibit Frazier, #11 Exhibit Frazier, #12 Exhibit Frazier, #13 Exhibit Frazier, #14 Declaration Herman, #15 Exhibit Herman, #16 Exhibit Herman, #17 Exhibit Herman, #18 Exhibit Herman, #19 Declaration Yatlin, #20 Declaration Thumma, #21 Exhibit Thumma, #22 Declaration Alexie, #23 Exhibit Alexie)(Ducheneaux, Nicole) |
| Filing 75 Unopposed MOTION for Leave to File Amicus Curiae Brief by ALASKA FEDERATION OF NATIVES, INC. (Attachments: #1 Exhibit Local Rule 7.1 Certificate, #2 Text of Proposed Order)(Lister, James) |
| Filing 74 Consent MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Motions for Summary Judgment by AFFILIATED TRIBES OF NORTHWEST INDIANS, ARIZONA INDIAN GAMING ASSOCIATION, CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION, GREAT PLAINS TRIBAL CHAIRMEN'S ASSOCIATION, INC., INTER TRIBAL ASSOCIATION OF ARIZONA, INC., MIDWEST ALLIANCE OF SOVEREIGN TRIBES, NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN GAMING ASSOCIATION (Attachments: #1 Text of Proposed Order Proposed Order)(Smith, Kaighn) |
| NOTICE OF ERROR re #73 Notice (Other); emailed to fbassett@ndnlaw.com, cc'd 56 associated attorneys -- The PDF file you docketed contained errors: 1. All address changes must be done thru pacer. (zeg, ) |
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MINUTE ORDER granting #74 Consent Motion for Leave to File to File Amicus Brief. Signed by Judge Amit P. Mehta on 05/29/2020. (lcapm2)
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| Filing 73 NOTICE of Change of Firm Affiliation and Address by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) |
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MINUTE ORDER granting #72 Plaintiffs' Request for Separate Briefing. Plaintiffs may file two summary judgment briefs totaling no more than 60 pages. Signed by Judge Amit P. Mehta on 05/27/2020. (lcapm2)
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| Filing 72 PROPOSED BRIEFING SCHEDULE re Order,,,,,, Plaintiffs' Request for Separate Briefing by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ARTIC VILLAGE COUNCIL, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES, UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Furlong, Wesley) |
| Filing 71 ADMINISTRATIVE RECORD Index & Certification by STEVEN MNUCHIN. (Attachments: #1 Kowalski AR Certification)(Lynch, Jason) |
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Filing 70
ORDER granting the Motions to Intervene, ECF Nos. #43 , #45 , and #46 . Plaintiff Ute Tribe's #69 Motion for Leave to File Surreply is denied as moot. See the attached Order for further details. Signed by Judge Amit P. Metha on 05/20/2020. (lcapm2)
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| Filing 69 MOTION for Leave to File surreply brief by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Exhibit Proposed surreply)(Rasmussen, Jeffrey) |
| Filing 68 REPLY to opposition to motion re #43 MOTION to Intervene filed by AHTNA, INC.. (O'Leary, Michael) |
| Filing 67 NOTICE of Appearance by Jonathan W Katchen on behalf of AHTNA, INC. (Katchen, Jonathan) |
| Filing 66 NOTICE of Appearance by Paul W. Spruhan on behalf of NAVAJO NATION (Spruhan, Paul) |
| Filing 65 REPLY to opposition to motion re #45 MOTION to Intervene and Memorandum of Points and Authorities in Support filed by ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC.. (Wolff, Daniel) |
| Filing 64 ENTERED IN ERROR.....REPLY re #45 MOTION to Intervene and Memorandum of Points and Authorities in Support filed by ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ANCSA REGIONAL ASSOCIATION. (Wolff, Daniel). Modified on 5/20/2020 to enter in error at the request of the filer (eg). |
| Filing 63 ENTERED IN ERROR.....RESPONSE re #45 MOTION to Intervene and Memorandum of Points and Authorities in Support filed by ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ANCSA REGIONAL ASSOCIATION. (Wolff, Daniel) Modified on 5/20/2020 to enter in error at the request of the filer. (ztnr) |
| Filing 62 REPLY to opposition to motion re #46 MOTION to Intervene filed by AKIACHAK, LIMITED, CALISTA CORPORATION, KWETHLUK, INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION CORPORATION, ST. MARY'S NATIVE CORPORATION. (Clement, Paul) |
| Filing 61 NOTICE of Appearance by Paul Clement on behalf of AKIACHAK, LIMITED, CALISTA CORPORATION, KWETHLUK, INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION CORPORATION, ST. MARY'S NATIVE CORPORATION (Clement, Paul) |
| Filing 60 TRANSCRIPT OF TELEPHONE CONFERENCE PROCEEDINGS before Judge Amit P. Mehta held on May 7, 2020; Page Numbers: 1-35. Date of Issuance: May 19, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020.(wz) |
| Filing 59 Memorandum in opposition re #46 MOTION to Intervene , #43 MOTION to Intervene , #45 MOTION to Intervene and Memorandum of Points and Authorities in Support filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Rasmussen, Jeffrey) Modified on docket event/text 5/15/2020 (eg). |
| Set/Reset Deadlines/Hearings: Consolidated Response due by 5/14/2020. Reply Briefs due by 5/19/2020. Administrative Record due by 5/22/2020. Cross-Motions for Summary Judgment due by 5/29/2020. Combined Responses/Replies due by 6/9/2020. Joint Appendix due by 6/10/2020. Motion Hearing set for 6/12/2020 at 1:00 PM before Judge Amit P. Mehta. (zjd) |
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MINUTE ORDER. The schedule for these consolidated proceedings shall be as follows. The Ute Tribe Plaintiffs shall file a consolidated response to all pending motions to intervene by May 14, 2020. The Proposed Intervenors shall file their respective reply briefs by May 19, 2020. To be clear, the Ute Tribe Plaintiffs' opposition to intervention extends only to the motions to intervene in their case. See Hall v. Hall, 138 S. Ct. 1118, 1127-28 (2018). Permissive intervention is not opposed in the Confederated Tribes of the Chehalis Reservation and Cheyenne River Sioux Tribe matters and therefore is granted. The Secretary shall produce the administrative record by May 22, 2020. All parties shall file cross-motions for summary judgment by May 29, 2020. The Plaintiff groups shall file a single consolidated summary judgment brief, and so too shall the Intervenor-Defendants. Cross-motions for summary judgment for each grouping of parties (Plaintiffs, Intervenor-Defendants, and the Secretary) shall be no more than 60 double-spaced pages. All parties shall file combined responses/replies by June 9, 2020. The Plaintiff groups shall file a single consolidated response/reply, and so too shall the Intervenor-Defendants. Responses/replies for each grouping of parties shall be no more than 35 double-spaced pages. The parties shall file the Joint Appendix required by Local Civil Rule 7(n)(1) by June 10, 2020. Oral argument on the cross-motions is set for June 12, 2020, at 1:00 p.m. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 05/13/2020. (lcapm2) Modified on 6/11/2020 (lcapm2).
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| Filing 58 RESPONSE re #57 Status Report,, and Proposal for Further Proceedings filed by STEVEN MNUCHIN. (Lynch, Jason) |
| Filing 57 STATUS REPORT by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ARTIC VILLAGE COUNCIL, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. (Kanji, Riyaz) |
| Filing 56 NOTICE of Intent to Oppose Motions to Intervene by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION re #46 MOTION to Intervene , #43 MOTION to Intervene , #45 MOTION to Intervene and Memorandum of Points and Authorities in Support (Bassett, Frances) |
| Set/Reset Deadlines: Plaintiffs' Status Report due by 5/12/2020 at 4:00 PM. (zjd) |
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MINUTE ORDER granting #55 Motion for Extension of Time. Plaintiffs shall file their status report by Tuesday, May 12, 2020, at 4:00 p.m. Signed by Judge Amit P. Mehta on 05/09/2020. (lcapm2)
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| Filing 55 MOTION for Extension of Time to File Notice Regarding Motions to Intervene by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, OGLALA SIOUX TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES, UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order)(Kanji, Riyaz) |
| Filing 54 NOTICE of Conditional Withdrawal of Statement Regarding ANCs Motions for Intervention by ARTIC VILLAGE COUNCIL, CHEYENNE RIVER SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE re #53 Notice (Other) (Furlong, Wesley) |
| Filing 53 WITHDRAWN PURSUANT TO NOTICE #54 FILED 5/8/2020.....NOTICE by CHEYENNE RIVER SIOUX TRIBE, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE (Ducheneaux, Nicole) Modified on 5/12/2020 (znmw). |
| Filing 52 NOTICE OF WITHDRAWAL OF MOTION by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION re #51 Notice (Other), (Rasmussen, Jeffrey) |
| Filing 51 WITHDRAWN PURSUANT TO NOTICE #52 FILED 5/8/2020.....NOTICE of Intent To Oppose Motions to Intervene by UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION re #46 MOTION to Intervene , #43 MOTION to Intervene , #45 MOTION to Intervene and Memorandum of Points and Authorities in Support (Rasmussen, Jeffrey) Modified on 5/12/2020 (znmw). |
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MINUTE ORDER. Pursuant to the Telephonic Status Conference held today, May 7, 2020, Plaintiffs shall file a Status Report by May 8, 2020, at 4:00 p.m., which informs the court whether Plaintiffs intend to oppose the pending motions to intervene. Signed by Judge Amit P. Mehta on 05/07/2020. (lcapm2)
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| Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 5/7/2020. Plaintiff's Status Report due by 5/8/2020 at 4:00 pm. (Court Reporter: William Zaremba) (zjd) |
| Filing 50 NOTICE of Appearance by Rose Michele Weckenmann on behalf of CHEYENNE RIVER SIOUX TRIBE (Weckenmann, Rose) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rose M. Weckenmann, Filing fee $ 100, receipt number ADCDC-7093364. Fee Status: Fee Paid. by CHEYENNE RIVER SIOUX TRIBE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Ducheneaux, Nicole) |
| Filing 48 NOTICE of Appearance by David Yolun Chung on behalf of ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC. (Chung, David) |
| Filing 47 NOTICE of Appearance by Kirsten L. Nathanson on behalf of ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC. (Nathanson, Kirsten) |
| Filing 46 MOTION to Intervene by CALISTA CORPORATION, Kwethluk, Incorporated, Sea Lion Corporation, St. Marys Native Corporation, Napaskiak, Incorporated, Akiachak, Limited (Attachments: #1 Exhibit A - Declaration of A. Guy, #2 Exhibit B - Declaration of G. Guy, #3 Exhibit C - Declaration of N. Andrew, #4 Exhibit D - Declaration of M. Naneng, #5 Exhibit E - Declaration of M. Kaganak, #6 Exhibit F - Declaration of J. George, #7 Exhibit G - Proposed Answer to Chehalis Plaintiffs' Complaint, #8 Exhibit H - Proposed Answer to Sioux Plaintiffs' Complaint, #9 Exhibit I - Proposed Answer to Ute Indian Tribe Complaint, #10 Rule 26.1 Certificate, #11 Text of Proposed Order)(Naresh, Ragan) |
| Filing 45 MOTION to Intervene and Memorandum of Points and Authorities in Support by Alaska Native Village Corporation Association, Inc., Association of ANCSA Regional Corporation Presidents/CEO's, Inc. (Attachments: #1 Declaration Aaron M. Schutt, #2 Declaration Anthony Mallott, #3 Declaration Richard Glenn, #4 Declaration Shuana Z. Hegna, #5 Declaration Sherri Buretta, #6 Declaration Sophie Minich, #7 Declaration Wayne Westlake, #8 Declaration Nancy Andrew, #9 Declaration Alfred Thomas Harris, #10 Declaration Clifford Blair, #11 Declaration Dean Gould, #12 Declaration Ed Herndon, #13 Declaration Janine Avner, #14 Declaration Kenneth A. Hughes IV, #15 Declaration Leo Barlow, #16 Declaration Melissa M. Kookesh, #17 Declaration Michele Christiansen, #18 Declaration Patrick McCarty, #19 Declaration Robert D. Mills, #20 Declaration Ron Philemonoff, #21 Declaration Thomas Kirk, #22 Declaration Gail Schubert, #23 Declaration Thomas Mack, #24 Declaration George Sam, #25 Exhibit Ex. 25 - Proposed Answer to Chehalis Complaint, #26 Exhibit Ex. 26 - Propsed Answer to Cheyenne River Complaint, #27 Exhibit Ex. 27 - Proposed Answer to Ute Tribe Complaint, #28 ANVCA Rule 26.1 Disclosure, #29 ARA Rule 26.1 Disclosure, #30 Text of Proposed Order)(Wolff, Daniel) |
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MINUTE ORDER. The parties and Proposed Intervenors shall appear for a telephonic scheduling conference on May 7, 2020, at 1:00 p.m. The courtroom deputy shall distribute dial-in information to counsel. Members of the public who wish to access the hearing may dial in to the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 05/05/2020. (lcapm2)
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MINUTE ORDER granting #49 Motion for Leave to Appear Pro Hac Vice. Rose M. Weckenmann is hereby admitted pro hac vice in this matter on behalf of Plaintiff Cheyenne River Sioux Tribe. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Mehta on 05/05/2020. (lcapm2)
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| Set/Reset Hearings: Telephone Conference set for 5/7/2020 at 1:00 PM before Judge Amit P. Mehta. (zjd) |
| Filing 44 Joint STATUS REPORT pursuant to the Court's April 28, 2020, minute order by STEVEN MNUCHIN. (Lynch, Jason) |
| Filing 43 MOTION to Intervene by AHTNA, INC. (Attachments: #1 Exhibit Declaration of Ken Johns, #2 Exhibit Proposed Answer to Chehalis Plaintiffs' Complaint, #3 Exhibit Proposed Answer to Sioux Plaintiffs' Complaint, #4 Exhibit Proposed Answer to Ute Indian Tribe Complaint, #5 Rule 26.1 Certificate, #6 Text of Proposed Order)(O'Leary, Michael) |
| Filing 42 TRANSCRIPT OF TELEPHONIC/VIDEOCONFERENCE HEARING ON MOTION FOR TEMPORARY RETRAINING ORDER PROCEEDINGS before Judge Amit P. Mehta held on April 24, 2020; Page Numbers: 1-82. Date of Issuance: April 30, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at th e courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/21/2020. Redacted Transcript Deadline set for 5/31/2020. Release of Transcript Restriction set for 7/29/2020.(wz) |
| Filing 41 TRANSCRIPT OF TELEPHONIC STATUS HEARING before Judge Amit P. Mehta held on April 23, 2020; Page Numbers: 1-23. Date of Issuance:April 29, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from t he court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/20/2020. Redacted Transcript Deadline set for 5/30/2020. Release of Transcript Restriction set for 7/28/2020.(Moreira, Lisa) |
| Filing 40 NOTICE of Appearance by Jeremy J. Patterson on behalf of UTE TRIBE OF THE UINTAH AND OURAY RESERVATION (Patterson, Jeremy) |
| Filing 39 NOTICE of Appearance by Jonathan W Katchen on behalf of AHTNA, INC. (Katchen, Jonathan) |
| Filing 38 NOTICE of Appearance by Matthew Newman on behalf of ARTIC VILLAGE COUNCIL, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, ROSEBUD SIOUX TRIBE (Newman, Matthew) |
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MINUTE ORDER. The parties shall meet and confer and, by May 1, 2020, file a Joint Status Report that proposes a schedule for further proceedings in this matter. The Joint Status Report shall also update the court on any developments in the disbursement of Title V funds to federally recognized Indian tribes, as well as any funds withheld from ANCs pursuant to the court's preliminary injunction order. Signed by Judge Amit P. Mehta on 04/28/2020. (lcapm2)
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| Set/Reset Deadlines: Joint Status Report due by 5/1/2020. (zjd) |
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Filing 37
ORDER. For the reasons stated in the #36 Memorandum Opinion, the court grants in part and denies in part Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction. See attached Order for further details. Signed by Judge Amit P. Mehta on 04/27/2020. (lcapm2)
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Filing 36
MEMORANDUM AND OPINION as to #3 Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction. See attached Memorandum Opinion for further details. Signed by Judge Amit P. Mehta on 04/27/2020. (lcapm2)
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| Filing 35 REPLY to opposition to motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by UTE TRIBE OF THE UINTAH AND OURAY RESERVATION. (Rasmussen, Jeffrey) |
| NOTICE OF ERROR re #31 Notice of Change of Address; emailed to wkw@att.net, cc'd 17 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must change their address via Pacer (zeg, ) |
| Filing 34 MOTION to Correct Procedural Defect/Controlling Authority by ANCSA REGIONAL ASSOCIATION (Williams, Christine) Modified on 4/28/2020 to correct docket event/text (eg). |
| Filing 33 NOTICE by ALASKA NATIVE VILLAGE ASSOCIATION (Williams, Christine) |
| Filing 32 NOTICE in Response to the Court's Questions at the Telephonic Hearing by STEVEN MNUCHIN (Lynch, Jason) |
| Filing 31 NOTICE of Change of Address by William Kenneth Walker (Walker, William) |
| Filing 30 REPLY to opposition to motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. (Attachments: #1 Declaration)(Kanji, Riyaz) |
| Filing 29 NOTICE of Appearance by James Harrison Powell, II on behalf of ANCSA REGIONAL ASSOCIATION (Powell, James) |
| Filing 28 NOTICE of Appearance by Christine Williams on behalf of ANCSA REGIONAL ASSOCIATION (Williams, Christine) |
| Filing 27 NOTICE of Appearance by James Harrison Powell, II on behalf of ALASKA NATIVE VILLAGE ASSOCIATION (Powell, James) |
| Filing 26 NOTICE of Appearance by Christine Williams on behalf of ALASKA NATIVE VILLAGE ASSOCIATION (Williams, Christine) |
| Filing 25 AMICUS BRIEF by GILA RIVER INDIAN COMMUNITY, NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION, NOTTAWASEPPI HURON BAND OF THE POTAWATOMI, PENOBSCOT NATION. (eg) |
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MINUTE ORDER granting #22 Motion for Leave to File to File Amicus Curiae Brief. Signed by Judge Amit P. Mehta on 04/24/2020. (lcapm2)
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| Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 4/24/2020 re #3 Motion for Temporary Restraining Order and Preliminary Injunction. (Court Reporter: William Zaremba) (zjd) |
| NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries #17 Notice of Appearance and #14 Notice of Appearance were entered in error and counsel is instructed to refile; each appearing counsel must file their own appearance using individual login credentials. (znmw) |
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MINUTE ORDER. Members of the public or media who wish to access the hearing on Plaintiffs' Motion for a Temporary Restraining Order scheduled for today, April 24, 2020, at 3:00 p.m., may now access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 04/24/2020. (lcapm2)
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| Filing 24 AMICUS BRIEF by ALASKA NATIVE VILLAGE ASSOCIATION, ANCSA REGIONAL ASSOCIATION. (znmw) |
| Filing 23 AMICUS BRIEF by AHTNA, INC.. (znmw) |
| Filing 22 Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs Motions for Temporary Restraining Order and Preliminary Injunction by GILA RIVER INDIAN COMMUNITY, NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION, PENOBSCOT NATION, NOTTAWASEPPI HURON BAND OF THE POTAWATOMI (Attachments: #1 Exhibit Lodged Amicus Brief, #2 Text of Proposed Order)(Godfrey, Merrill) |
| Filing 21 Memorandum in opposition to re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by STEVEN MNUCHIN. (Lynch, Jason) |
| Filing 20 AMICUS BRIEF re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA CARSARMIUT TRIBE, AKIAK NATIVE COMMUNITY, TULALIP TRIBES, HOULTON BAND OF MALISEET INDIANS, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION by AFFILIATED TRIBES OF NORTHWEST INDIANS, ALL PUEBLO COUNCIL OF GOVERNORS, ARIZONA INDIAN GAMING ASSOCIATION, CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION, CALIFORNIA TRIBAL CHAIRPERSON'S ASSOCIATION, GREAT PLAINS TRIBAL CHAIRMEN'S ASSOCIATION, INC., INTER TRIBAL ASSOCIATION OF ARIZONA, INC., INTER-TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES, MIDWEST ALLIANCE OF SOVEREIGN TRIBES, NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN GAMING ASSOCIATION, UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND. (Attachments: #1 Exhibit Declaration of Maria Dadgar, Executive Director of the Inter Tribal Association of Arizona, Inc, #2 Exhibit Declaration of Chuck Hoskin, Jr., Principal Chief of the Cherokee Nation and President of the Inter-Tribal Council of the Five Civilized Tribes, #3 Exhibit Declaration of Michael Chavarria, Chairman of the All Pueblo Council of Governors, #4 Exhibit Declaration of Bo Mazzetti, Chairman of the California Tribal Chairpersons Association, #5 Exhibit Declaration of Leonard Forsman, President of the Affiliated Tribes of Northwest Indians, #6 Exhibit Declaration of Yvette Roubideaux)(Smith, Kaighn) Modified event title on 4/23/2020 (znmw). |
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MINUTE ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Jonathan Katchen is hereby admitted pro hac vice in this matter on behalf of Ahtna, Inc. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Mehta on 04/23/2020. (lcapm2)
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| Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 4/23/2020. Defendant's Opposition due by 5:00 pm on 4/23/2020. Plaintiffs' Reply Brief due by 12:00 pm on 4/24/2020. Motion Hearing set for 4/24/2020 at 3:00 PM before Judge Amit P. Mehta. Should any member of the public or media require access to the motion hearing, they should reach out to the Courtroom Deputy, Mr. Douyon, at Jean-Claude_Douyon@dcd.uscourts.gov for further instructions. (Court Reporter: Lisa Moreira) (zjd) |
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MINUTE ORDER. Pursuant to the Telephonic Scheduling Conference held today, April 23, 2020, the court orders the following schedule for further proceedings in this matter: (1) Defendant shall file its response to Plaintiffs' Motion for a Temporary Restraining Order by 5 p.m. today, April 23, 2020; (2) Plaintiffs shall file their reply, if any, by 12 p.m. on April 24, 2020; (3) a video conference hearing on Plaintiffs' motion is set for April 24, 2020, at 3 p.m.; and (4) Amici Tribal Governments shall file their amici curiae brief by 12 p.m. today, April 23, 2020. The #13 Consent Motion for Leave to File Amicus Curiae Brief by AHTNA, Inc., and the #18 Amended Motion for Leave to File Amici Curiae Brief by ANCSA Regional Association and Alaska Native Village Association are granted. Should any member of the public or media require access to the April 24 hearing, they should reach out to the Courtroom Deputy, Mr. Douyon, at Jean-Claude_Douyon@dcd.uscourts.gov for further instructions. Signed by Judge Amit P. Mehta on 04/23/2020. (lcapm2)
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| Filing 18 Amended MOTION for Leave to File Amici Curiae Brief with Consent by ANCSA Regional Association, Alaska Native Village Association (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Walker, William) |
| Filing 17 ENTERED IN ERROR.....NOTICE of Appearance by William Kenneth Walker on behalf of Alaska Native Village Association (Walker, William) Modified on 4/24/2020 (znmw). |
| Filing 16 MOTION to Withdraw as Attorney by AKIAK NATIVE COMMUNITY (Walker, William) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Katchen, Filing fee $ 100, receipt number ADCDC-7049884. Fee Status: Fee Paid. by AHTNA, INC. (Attachments: #1 Exhibit Declaration of Jonathan Katchen, #2 Exhibit Proposed Order)(O'Leary, Michael) |
| Filing 14 ENTERED IN ERROR.....NOTICE of Appearance by William Kenneth Walker on behalf of AKIAK NATIVE COMMUNITY, ANCSA Regional Association (Walker, William) Modified on 4/24/2020 (znmw). |
| Filing 13 Consent MOTION for Leave to File Amicus Curiae Brief by AHTNA, INC. (Attachments: #1 Exhibit Proposed Brief, #2 Exhibit Declaration of Ken Johns, #3 Exhibit Proposed Order)(O'Leary, Michael) |
| Filing 12 Consent MOTION for Leave to File Amici Curiae by ANCSA Regional Association, Alaska Native Village Association (Attachments: #1 Text of Proposed Order)(Walker, William) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Harrison Powell II, Filing fee $ 100, receipt number ADCDC-7049350. Fee Status: Fee Paid. by ANCSA Regional Association (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Walker, William) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christine V. Williams, Filing fee $ 100, receipt number BDCDC-7049323. Fee Status: Fee Paid. by Alaska Native Village Association, ANCSA Regional Association (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Walker, William) |
| Filing 9 MOTION for Extension of Time to File Response/Reply to Plaintiffs' #3 Motion for TRO/PI by STEVEN MNUCHIN (Lynch, Jason) |
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Filing 8
ORDER granting #6 Motion to File Amicus Brief. The Tribal Organizations shall file their amicus brief by April 22, 2020. See attached Order for further details. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2)
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MINUTE ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. James Harrison Powell, II is hereby admitted pro hac vice to appear in this matter on behalf of Amici Curiae Alaska Native Village Corporation Association and ANCSA Regional Association. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Meh ta on 04/22/2020. (lcapm2)
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MINUTE ORDER vacating the April 23, 2020, 3:00 p.m. hearing on Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2)
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MINUTE ORDER granting #9 Defendant's Motion for an Extension of Time to File a Response. The court will set a schedule for further briefing following a telephonic conference on April 23, 2020, at 9:30 a.m. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2). Modified on 4/22/2020 (lcapm2).
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| Set/Reset Hearings: Telephone Conference set for 4/23/2020 at 9:30 AM before Judge Amit P. Mehta. (zjd) |
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MINUTE ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Christine V. Williams is hereby admitted pro hac vice to appear in this matter on behalf of Amici Curiae Alaska Native Village Corporation Association and ANCSA Regional Association. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Mehta o n 04/22/2020. (lcapm2)
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| Filing 7 AMENDED COMPLAINT against STEVEN MNUCHIN filed by TULALIP TRIBES, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ALEUT COMMUNITY OF ST. PAUL ISLAND, HOULTON BAND OF MALISEET INDIANS, AKIAK NATIVE COMMUNITY, ASA CARSARMIUT TRIBE, PUEBLO OF PICURIS, ELK VALLEY RANCHERIA, CALIFORNIA, SAN CARLOS APACHE TRIBE, QUINAULT INDIAN NATION, NAVAJO NATION.(Kanji, Riyaz) |
| Filing 6 Consent MOTION for Leave to File amicus brief re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by NATIONAL CONGRESS OF AMERICAN INDIANS, AFFILIATED TRIBES OF NORTHWEST INDIANS, All Pueblo Council of Governors, Arizona Indian Gaming Association, California Nations Indian Gaming Association, California Tribal Chairpersons Association, Great Plains Tribal Chairmens Association, Inc., Inter Tribal Association of Arizona, Inc., Inter-Tribal Council of the Five Civilized Tribes, Midwest Alliance of Sovereign Tribes, National Indian Gaming Association, United South and Eastern Tribes Sovereignty Protection Fund (Attachments: #1 Proposed Order)(Smith, Kaighn) Modified event on 4/23/2020 (znmw). |
| Set/Reset Deadlines/Hearings: Opposition due by 5:00 pm on 4/22/2020. Reply due by 12:00 pm on 4/23/2020. Motion Hearing set for 4/23/2020 at 3:00 PM before Judge Amit P. Mehta. (zjd) |
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MINUTE ORDER resetting the video conference hearing on Plaintiffs' Motion for a Temporary Restraining Order to 3:00 p.m. on April 23, 2020. Should any member of the public or media require access to the hearing, they should reach out to the Courtroom Deputy, Mr. Douyon, at Jean-Claude_Douyon@dcd.uscourts.gov for further instructions. Signed by Judge Amit P. Mehta on 04/21/2020. (lcapm2) Modified on 04/21/2020 (lcapm2).
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| Filing 5 Joint STATUS REPORT and Proposed Briefing Schedule for Plaintiffs' #3 Motion by STEVEN MNUCHIN. (Lynch, Jason) |
| Filing 4 NOTICE of Appearance by Jason C. Lynch on behalf of STEVEN MNUCHIN (Lynch, Jason) |
| Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, HOULTON BAND OF MALISEET INDIANS, TULALIP TRIBES (Attachments: #1 Declaration Akiak Native Communit, #2 Declaration Aleut Community of St, #3 Declaration Asacarsarmiut, #4 Declaration Chehalis - Pickernell, #5 Declaration HBMI - Sabattis, #6 Declaration Tulalip - Gobin, #7 Text of Proposed Order, #8 Declaration RAK Certificate of Counsel, #9 Declaration RAK 2nd Decl)(Kanji, Riyaz). Added MOTION for Preliminary Injunction on 4/20/2020 (eg). |
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MINUTE ORDER setting the following schedule for further proceedings in this matter: (1) Defendant's Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction shall be filed on or before 5:00 p.m. on April 22, 2020; (2) Plaintiffs' Reply brief, if any, shall be filed on or before 12:00 p.m. on April 23, 2020; and (3) a video conference hearing is set for April 23, 2020, at 2:00 p.m. The court will circulate access information to counsel. Signed by Judge Amit P. Mehta on 04/20/2020. (lcapm2)
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MINUTE ORDER. The parties shall meet and confer and, by 5:00 p.m. on April 20, 2020, file a Joint Status Report that proposes a schedule for briefing on Plaintiffs' Motion for Temporary Restraining Order. Signed by Judge Amit P. Mehta on 04/20/2020. (lcapm2)
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| Filing 2 SUMMONS (1) Issued Electronically as to STEVEN MNUCHIN. (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 1 COMPLAINT against STEVEN MNUCHIN in his official capacity as Secretary of U.S. Department of the Treasury ( Filing fee $ 400 receipt number BDCDC-7031496) filed by ALEUT COMMUNITY OF ST. PAUL ISLAND, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, AKIAK NATIVE COMMUNITY, HOULTON BAND OF MALISEET INDIANS, TULALIP TRIBES, ASA CARSARMIUT TRIBE. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Kanji, Riyaz) |
| Case Assigned to Judge Amit P. Mehta. (adh, ) |
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