SHAWNEE TRIBE v. MNUCHIN et al
| SHAWNEE TRIBE |
| DAVID BERNHARDT, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF THE INTERIOR and STEVEN T. MNUCHIN |
| 1:2020cv01999 |
| July 29, 2020 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| Amit P Mehta |
| Randolph D Moss |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 53
TRANSCRIPT OF MOTION HEARING VIA VIDEOCONFERENCE PROCEEDINGS before Judge Amit P. Mehta held on August 12, 2020; Page Numbers: 1-54. Date of Issuance: September 25, 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 10/16/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/24/2020.(wz)
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Filing 52
TRANSCRIPT OF STATUS CONFERENCE VIA TELECONFERENCE PROCEEDINGS before Judge Amit P. Mehta held on August 3, 2020; Page Numbers: 1-32. Date of Issuance: September 25, 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 o r 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 10/16/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/24/2020.(wz)
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USCA Case Number 20-5286 for #50 Notice of Appeal to DC Circuit Court filed by SHAWNEE TRIBE. (zrdj)
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Filing 51
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 #50 Notice of Appeal to DC Circuit Court. (eg)
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Filing 50
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #48 Memorandum & Opinion, #43 Memorandum & Opinion by SHAWNEE TRIBE. Filing fee $ 505, receipt number ADCDC-7599113. Fee Status: Fee Paid. Parties have been notified. (Thomas, Pilar)
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Filing 49
ORDER: For the reasons stated in the #48 Memorandum Opinion, the court grants Defendants' #45 Motion to Dismiss. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 09/10/2020. (lcapm2)
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Filing 48
MEMORANDUM OPINION re: #45 Defendants' Motion to Dismiss. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 09/10/2020. (lcapm2)
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Filing 47
REPLY to opposition to motion re #45 MOTION to Dismiss filed by DAVID BERNHARDT, STEVEN T. MNUCHIN, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Cholera, Kuntal)
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Filing 46
Memorandum in opposition to re #45 MOTION to Dismiss filed by SHAWNEE TRIBE. (Attachments: #1 Exhibit Exhibit A to Opposition to Motion to Dismiss, #2 Exhibit Exhibit B to Opposition to Motion to Dismiss, #3 Exhibit Exhibit C to Opposition to Motion to Dismiss, #4 Exhibit Exhibit D to Opposition to Motion to Dismiss)(Thomas, Pilar)
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Filing 45
MOTION to Dismiss by DAVID BERNHARDT, STEVEN T. MNUCHIN, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY (Cholera, Kuntal)
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MINUTE ORDER entering the briefing schedule proposed in the parties' #44 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion to Dismiss is due on or before August 27, 2020; (2) Plaintiff's Opposition to Defendant's Motion to Dismiss is due on or before September 1, 2020; and (3) Defendant's Reply to Plaintiff's Opposition is due on or before September 4, 2020. Signed by Judge Amit P. Mehta on 08/27/2020. (lcapm2)
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Set/Reset Deadlines: Motion to Dismiss due by 8/27/2020. Opposition due by 9/1/2020. Reply due by 9/4/2020. (zjd)
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Filing 44
Joint STATUS REPORT by SHAWNEE TRIBE. (Thomas, Pilar)
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Filing 43
MEMORANDUM OPINION AND ORDER denying #3 Plaintiff's motion for a preliminary injunction. See the attached Memorandum Opinion and Order for further details. Signed by Judge Amit P. Mehta on 08/19/2020. (lcapm2)
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Set/Reset Deadlines: Joint Status Report due by 8/26/2020. (zjd)
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Filing 42
REPLY re #40 Supplemental Memorandum Re: Reviewability filed by SHAWNEE TRIBE. (Labukas, Jonathan)
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Filing 41
RESPONSE re #40 Supplemental Memorandum filed by DAVID BERNHARDT, STEVEN T. MNUCHIN, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Cholera, Kuntal)
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Filing 40
SUPPLEMENTAL MEMORANDUM to Brief of The Shawnee Tribe Re: Reviewability filed by SHAWNEE TRIBE. (Thomas, Pilar)
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Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 8/12/2020 re #3 Motion for Preliminary Injunction. Arguments heard and taken under advisement. (Court Reporter: William Zaremba) (zjd)
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Filing 39
NOTICE of Appearance by Nicole Simmons on behalf of SHAWNEE TRIBE (Simmons, Nicole) (Main Document 39 replaced on 8/12/2020) (zeg).
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Filing 38
NOTICE of Appearance by Pilar Thomas on behalf of SHAWNEE TRIBE (Thomas, Pilar) (Main Document 38 replaced on 8/12/2020) (zeg).
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MINUTE ORDER. The hearing on Plaintiff's motion for a preliminary injunction set for August 12, 2020, 1:00 p.m. via video-conference, is hereby rescheduled for August 12, 2020, 3:00 p.m. Signed by Judge Amit P. Mehta on 08/11/2020. (lcapm2)
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Set/Reset Hearings: Preliminary Injunction Hearing reset to 8/12/2020 at 03:00 PM in Telephonic/VTC before Judge Amit P. Mehta. 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. The public access line will be muted and should only be used by non-participating parties. (zjd)
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MINUTE ORDER granting Motions for Leave to Appear Pro Hac Vice, ECF Nos. #35 and #36 . Attorneys Nicole Simmons and Pilar M. Thomas are hereby admitted pro hac vice to appear in this matter. 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 8/10/2020. (lcapm1)
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Filing 37
SUPPLEMENTAL MEMORANDUM by SHAWNEE TRIBE. (Labukas, Jonathan) Modified event title on 8/11/2020 (znmw).
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Filing 36
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pilar Thomas, Filing fee $ 100, receipt number ADCDC-7439030. Fee Status: Fee Paid. by SHAWNEE TRIBE (Labukas, Jonathan)
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Filing 35
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole Simmons, Filing fee $ 100, receipt number ADCDC-7439014. Fee Status: Fee Paid. by SHAWNEE TRIBE (Labukas, Jonathan)
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Filing 34
SUPPLEMENTAL MEMORANDUM to PI Motion (Justiciability) filed by DAVID BERNHARDT, STEVEN T. MNUCHIN, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Cholera, Kuntal)
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Filing 33
NOTICE of Appearance by Jonathan P. Labukas on behalf of SHAWNEE TRIBE (Labukas, Jonathan)
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Minute Entry for proceedings held before Judge Amit P. Mehta: Telephonic Status Conference held on 8/3/2020. Supplemental Pleadings due by 8/7/2020. Oral Argument set for 8/12/2020 at 1:00 PM via video conference before Judge Amit P. Mehta. The courtroom deputy will circulate connection information to counsel. (Court Reporter: William Zaremba) (zjd)
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MINUTE ORDER granting #31 and #32 Motions for Leave to Appear Pro Hac Vice. Pilar M. Thomas and Nicole Simmons are hereby admitted pro hac vice in this matter on behalf of Plaintiff. 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 08/03/2020. (lcapm2)
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MINUTE ORDER. Pursuant to the Status Conference held today, August 3, 2020, the parties shall submit additional briefing on or before August 7, 2020. A hearing on Plaintiff's motion for a preliminary injunction is hereby set for August 12, 2020, 1:00 p.m. via video-conference. The courtroom deputy will circulate connection information to counsel. 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. The public access line will be muted and should only be used by non-participating parties. Signed by Judge Amit P. Mehta on 08/03/2020. (lcapm2)
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NOTICE OF CORRECTED DOCKET ENTRY: re #31 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pilar Thomas, Filing fee $ 100, receipt number ADCDC-7411599. Fee Status: Fee Paid., #32 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole Simmons, Filing fee $ 100, receipt number ADCDC-7411625. Fee Status: Fee Paid. was entered in error and will not be refiled. (eg)
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NOTICE OF CORRECTED DOCKET ENTRY: re #30 Notice of Appearance was entered in error and will not be refiled. Attorney is not an active member in our court. (eg)
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MINUTE ORDER. The court erroneously admitted Attorneys Pilar M. Thomas and Nicole Simmons pro hac vice in this matter. Attorney John F. Dienelt, who sponsored the pro hac vice applications, is not an active member of this court's bar and therefore may not sponsor an attorney for pro hac vice admission. Either Mr. Dienelt must reapply for admission to this court's bar, or counsel seeking pro hac admission must seek a new sponsor. Signed by Judge Amit P. Mehta on 08/03/2020. (lcapm2)
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Filing 32
ENTERED IN ERROR.....Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole Simmons, Filing fee $ 100, receipt number ADCDC-7411625. Fee Status: Fee Paid. by SHAWNEE TRIBE (Attachments: #1 Exhibit Exh A to Motion for PHV Simmons)(Dienelt, John) Modified on 8/3/2020 (eg).
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Filing 31
ENTERED IN ERROR.....Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pilar Thomas, Filing fee $ 100, receipt number ADCDC-7411599. Fee Status: Fee Paid. by SHAWNEE TRIBE (Attachments: #1 Exhibit Exh A to Motion for Admission PHV)(Dienelt, John) Modified on 8/3/2020 (eg).
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Filing 30
ENTERED IN ERROR.....NOTICE of Appearance by John F. Dienelt on behalf of All Plaintiffs (Dienelt, John) Modified on 8/3/2020 (eg).
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Set/Reset Hearings: Telephonic Status Conference set for 8/3/2020 at 10:00 AM before Judge Amit P. Mehta. (zjd)
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Filing 29
NOTICE of Appearance by Kuntal Virendra Cholera on behalf of All Defendants (Cholera, Kuntal) (Main Document 29 replaced on 7/31/2020) (zeg).
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Filing 28
Case directly reassigned to Judge Amit P. Mehta as related. Judge Randolph D. Moss is no longer assigned to the case. (ztnr)
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MINUTE ORDER. The parties shall appear for a telephonic status conference on August 3, 2020, at 10:00 a.m. The courtroom deputy shall circulate dial-in information to counsel. 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. The public access line will be muted and should only be used by non-participating parties. Signed by Judge Amit P. Mehta on 07/30/2020. (lcapm2)
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Filing 26
Case transferred in from District of Oklahoma Northern; Case Number 4:20-cv-00290. Original file certified copy of transfer order and docket sheet received.
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Filing 27
OPINION AND ORDER by Chief Judge John E Dowdell The motion to transfer isgranted, and this case shall be transferred to the District Court for the District ofColumbia ; dismissing/terminating case (terminates case) ; transferring case (Attachments: #1 Docket Sheet)(zrdj)
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Filing 25
VACATED.....OPINION AND ORDER by Chief Judge John E Dowdell The motion to transfer is granted, and this case shall be transferred to the District Court for the District of Columbia ; transferring case ; granting #20 Motion to Transfer Case to Other District (JED1, Chambers) [Transferred from Oklahoma Northern on 7/29/2020.] Modified on 7/29/2020 (SEE ENTRY #27 (zrdj).
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***Civil Case Terminated (Documents Terminated: #3 Ex Parte MOTION for Temporary Restraining Order MOTION for Preliminary Injunction ) (see document number #25 ) (sac, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 24
RESPONSE in Opposition to Motion to Transfer (Re: #20 MOTION to Transfer Case to Other District ) by Shawnee Tribe, The ; (Thomas, Pilar) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 23
REPLY to Response to Motion (Re: #3 Ex Parte MOTION for Temporary Restraining Order MOTION for Preliminary Injunction ) by Shawnee Tribe, The ; (Thomas, Pilar) [Transferred from Oklahoma Northern on 7/29/2020.]
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NOTICE of Docket Entry Modification; Error: this document contains two events and that cannot be properly processed in CM/ECF; Correction: efiled Brief in Support of Motion - see 22 for entry (Re: #21 Response in Opposition to Motion, ) (sac, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 22
BRIEF in Support of Motion (Re: #20 MOTION to Transfer Case to Other District ) submitted as part of #21 by David Bernhardt, Steven T Mnuchin, United States Department of the Interior, United States Department of the Treasury ; (sac, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 21
RESPONSE in Opposition to Motion (Re: #3 Ex Parte MOTION for Temporary Restraining Order MOTION for Preliminary Injunction ) by David Bernhardt, Steven T Mnuchin, United States Department of the Interior, United States Department of the Treasury ; (Cholera, Kuntal) Modified on 7/10/2020; this document contains two events and cannot be properly processed in one entry - see 22 for Brief in Support (sac, Dpty Clk). [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 20
MOTION to Transfer Case to Other District by David Bernhardt, Steven T Mnuchin, United States Department of the Interior, United States Department of the Treasury (Cholera, Kuntal) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 19
ORDER by Chief Judge John E Dowdell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 7/9/2020, Replies due by 7/23/2020); denying #3 Motion for Temporary Restraining Order; denying #15 Motion for Hearing (Re: #3 Ex Parte MOTION for Temporary Restraining Order MOTION for Preliminary Injunction ) (lml, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 18
NOTICE of Supplemental Authority by Shawnee Tribe, The (With attachments) (Thomas, Pilar) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 17
REPLY to Response to Motion (Re: #15 MOTION for Hearing ) by Shawnee Tribe, The ; (Thomas, Pilar) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 16
RESPONSE (Re: #15 Motion for Hearing ) by David Bernhardt, Steven T Mnuchin, United States Department of the Interior, United States Department of the Treasury (Lynch, Jason) Modified on 6/25/2020 to change link information based on event edit (sac, Dpty Clk). [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 15
MOTION for Hearing (Re: #3 Ex Parte MOTION for Temporary Restraining Order) by Shawnee Tribe, The (Thomas, Pilar) Modified on 6/25/2020 to change event and create link to #3 (sac, Dpty Clk). [Transferred from Oklahoma Northern on 7/29/2020.]
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NOTICE of Docket Entry Modification; Error: wrong event selected (Notice - Other); Correction: changed event (Motion for Hearing) (Re: #15 MOTION for Hearing ) (sac, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 14
ATTORNEY APPEARANCE by Nicole Simmons on behalf of Shawnee Tribe, The [Note: Attorney Nicole Simmons added to party Shawnee Tribe, The(pty:pla).] (Simmons, Nicole) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 13
ATTORNEY APPEARANCE by Pilar Thomas on behalf of Shawnee Tribe, The [Note: Attorney Pilar Thomas added to party Shawnee Tribe, The(pty:pla).] (Thomas, Pilar) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 12
MINUTE ORDER by Chief Judge John E Dowdell The Motion to Admit Pro Hac Vice (Doc. 8) is granted. Attorneys Pilar M. Thomas and Nicole L. Simmons may appear in this matter on behalf of the plaintiff. ; granting #8 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (SAS, Chambers) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 11
ATTORNEY APPEARANCE by Kuntal Cholera on behalf of All Defendants [Note: Attorney Kuntal Cholera added to party David Bernhardt(pty:dft), Attorney Kuntal Cholera added to party Steven T Mnuchin(pty:dft), Attorney Kuntal Cholera added to party United States Department of the Interior(pty:dft), Attorney Kuntal Cholera added to party United States Department of the Treasury(pty:dft).] (Cholera, Kuntal) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 10
SUMMONS Issued by Court Clerk as to United States Attorney's Office, The (alg, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 9
BRIEF in Support of Motion (Re: #3 Ex Parte MOTION for Temporary Restraining Order ) by Shawnee Tribe, The ; (Bigler, Gregory) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 8
MOTION for Attorney(s) Pilar M. Thomas; Nicole L. Simmons to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2222320) by Shawnee Tribe, The (With attachments) (Bigler, Gregory) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 7
CERTIFICATE of Service by Shawnee Tribe, The (Bigler, Gregory) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 6
NOTICE of Intent to Oppose #3 Ex Parte Mot. for TRO by David Bernhardt, Steven T Mnuchin, United States Department of the Interior, United States Department of the Treasury (With attachments) (Lynch, Jason) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 5
ATTORNEY APPEARANCE by Jason Lynch on behalf of All Defendants [Note: Attorney Jason Lynch added to party David Bernhardt(pty:dft), Attorney Jason Lynch added to party Steven T Mnuchin(pty:dft), Attorney Jason Lynch added to party United States Department of the Interior(pty:dft), Attorney Jason Lynch added to party United States Department of the Treasury(pty:dft).] (Lynch, Jason) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 4
SUMMONS Issued by Court Clerk as to All Defendants (alg, Dpty Clk) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 3
Ex Parte MOTION for Temporary Restraining Order by Shawnee Tribe, The (With attachments) (Bigler, Gregory) . Added MOTION for Preliminary Injunction on 6/29/2020 (lml, Dpty Clk). [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 2
COMPLAINT with Jury Demand against All Defendants (paid $400 filing fee; receipt number AOKNDC-2221807) by Shawnee Tribe, The (With attachments) (Bigler, Gregory) [Transferred from Oklahoma Northern on 7/29/2020.]
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Filing 1
CIVIL COVER SHEET by Shawnee Tribe, The (Bigler, Gregory) [Transferred from Oklahoma Northern on 7/29/2020.]
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