MANZANITA BAND OF THE KUMEYAAY NATION et al v. WOLF et al
| MANZANITA BAND OF THE KUMEYAAY NATION, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, KUMEYAAY HERITAGE PRESERVATION COUNCIL, CAMPO KUMEYAAY NATION, IIPAY NATION OF SANTA YSABEL, JOHN ELLIOTT and SYCUAN BAND OF THE KUMEYAAY NATION |
| TODD SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD WOLF, UNITED STATES CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY and MARK MORGAN |
| 1:2020cv02712 |
| September 23, 2020 |
| US District Court for the District of Columbia |
| Rudolph Contreras |
| Trevor N McFadden |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| USCA Case Number 20-5335 for #27 Notice of Interlocutory Appeal, filed by IIPAY NATION OF SANTA YSABEL. (zrdj) |
| Filing 28 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 11/13/2020 re #27 Notice of Interlocutory Appeal,. (ztd) |
| Filing 27 NOTICE OF INTERLOCUTORY APPEAL as to #24 Order on Motion for TRO, Order on Motion for Preliminary Injunction, #23 Memorandum & Opinion by IIPAY NATION OF SANTA YSABEL. Filing fee $ 505, receipt number ADCDC-7832636. Fee Status: Fee Paid. Parties have been notified. (Hampson, Colin) |
| USCA Case Number 20-5333 for #25 Notice of Appeal to DC Circuit Court, filed by CAMPO KUMEYAAY NATION, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, JOHN ELLIOTT, SYCUAN BAND OF THE KUMEYAAY NATION. (zrdj) |
| Filing 26 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 #25 Notice of Appeal to DC Circuit Court,. (zrdj) |
| Filing 25 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #24 Order on Motion for TRO, Order on Motion for Preliminary Injunction, #23 Memorandum & Opinion by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION. Filing fee $ 505, receipt number ADCDC-7817592. Fee Status: Fee Paid. Parties have been notified. (Hampson, Colin) |
Filing 24
ORDER. In accordance with the #23 Memorandum Opinion, Plaintiffs' #7 Motion for an Expedited Preliminary Injunction is DENIED. This is an appealable Order. Signed by Judge Trevor N. McFadden on 10/16/2020. (lctnm3)
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| Filing 23 MEMORANDUM OPINION re Plaintiffs' #7 Motion for an Expedited Preliminary Injunction. Signed by Judge Trevor N. McFadden on 10/16/2020. (lctnm3) |
| Filing 22 TRANSCRIPT OF PROCEEDINGS, Motion Hearing, before Judge Trevor N. McFadden, held on 10-09-2020, Page Numbers: 1 - 93. Date of Issuance: 10-15-2020. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. 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 reporte r 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 11/5/2020. Redacted Transcript Deadline set for 11/15/2020. Release of Transcript Restriction set for 1/13/2021.(Saint-Loth, Elizabeth) |
| Filing 21 NOTICE of Recent Decision - North American Butterfly Ass'n v. Wolf, No. 19-5052 (D.C. Cir.). by DEPARTMENT OF HOMELAND SECURITY, MARK MORGAN, TODD SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES CUSTOMS AND BORDER PROTECTION, CHAD WOLF (Attachments: #1 Exhibit)(Warden, Andrew) |
| Filing 20 NOTICE of Appearance by Mark Radoff on behalf of SYCUAN BAND OF THE KUMEYAAY NATION (Radoff, Mark) (Main Document 20 replaced on 10/14/2020) (zeg). |
| Filing 19 NOTICE of Recent Decision by DEPARTMENT OF HOMELAND SECURITY, MARK MORGAN, TODD SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES CUSTOMS AND BORDER PROTECTION, CHAD WOLF (Attachments: #1 Exhibit)(Warden, Andrew) |
| Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Motion Hearing held on 10/9/2020. #7 Motion for Expedited Preliminary Injunction, taken under advisement. (Court Reporter: Elizabeth Saint-Loth.) (hmc) |
| Filing 18 REPLY to opposition re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, IIPAY NATION OF SANTA YSABEL, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION. (Attachments: #1 Declaration of John Elliott (Second))(Holleman, Frank) Modified on 10/8/2020 to correct filed date (zjf). |
| Filing 17 NOTICE of Appearance by Bradley Thomas Craigmyle on behalf of All Defendants (Craigmyle, Bradley) |
| Filing 16 Memorandum in opposition to re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, MARK MORGAN, TODD SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES CUSTOMS AND BORDER PROTECTION, CHAD WOLF. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration, #9 Text of Proposed Order)(Warden, Andrew) |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/29/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/28/2020. (Attachments: #1 Exhibit Certified Mail, Return Receipt)(Holleman, Frank) |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/29/2020. (Attachments: #1 Exhibit Certified Mail; Return Receipt)(Holleman, Frank) |
| Filing 13 NOTICE of Correction by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, IIPAY NATION OF SANTA YSABEL, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Holleman, Frank) |
| Filing 12 NOTICE of Appearance by Whitney Angell Leonard on behalf of All Plaintiffs (Leonard, Whitney) |
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MINUTE ORDER granting the #10 Motion for Leave to Appear Pro Hac Vice. Attorney Mark A. Radoff is hereby admitted to appear pro hac vice 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 Trevor N. McFadden on 9/28/2020. (lctnm3)
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MINUTE ORDER granting the #11 Motion for Leave to Appear Pro Hac Vice. Attorney Whitney A. Leonard is hereby admitted to appear pro hac vice 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 Trevor N. McFadden on 9/28/2020. (lctnm3)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Whitney A. Leonard, Filing fee $ 100, receipt number ADCDC-7641373. Fee Status: Fee Paid. by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, IIPAY NATION OF SANTA YSABEL, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Hampson, Colin) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mark A. Radoff, Filing fee $ 100, receipt number ADCDC-7641306. Fee Status: Fee Paid. by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, IIPAY NATION OF SANTA YSABEL, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Hampson, Colin) |
| Filing 9 Case directly reassigned to Judge Trevor N. McFadden as there is an earlier related case. Judge Rudolph Contreras is no longer assigned to the case. (rj) |
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Filing 8
ORDER Transferring Case to Calendar and Case Management Committee for Reassignment to Judge McFadden. See document for details. Signed by Judge Rudolph Contreras on 09/25/2020. (lcrc1)
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| Filing 7 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, IIPAY NATION OF SANTA YSABEL, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION (Attachments: #1 Affidavit of Authentication by Frank S. Holleman to Show Compliance with Local Rule 65.1(a), #2 Declaration of Angela Elliott Santos, #3 Declaration of John Elliott, #4 Declaration of Lisa Haws, #5 Declaration of Richard Carrico, #6 Text of Proposed Order Granting Temporary Restraining Order)(Hampson, Colin) |
| Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 9/25/2020. The #7 Motion for Temporary Restraining Order is construed as a Motion for an Expedited Preliminary Injunction. Defendants' opposition to the motion due by 10/5/2020. Plaintiffs' reply due by 10/7/2020. Telephonic Motion Hearing set for 10/9/2020 at 2:30 PM before Judge Trevor N. McFadden. (Court Reporter: Crystal Pilgrim.) (hmc) |
| Filing 6 SUMMONS (8) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, MARK MORGAN, TODD SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES CUSTOMS AND BORDER PROTECTION, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 5 RESPONSE of Objection to Defendants' Notice re: #4 by CAMPO KUMEYAAY NATION, JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, IIPAY NATION OF SANTA YSABEL, KUMEYAAY HERITAGE PRESERVATION COUNCIL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION re #4 Notice of Related Case (Holleman, Frank) Modified text on 9/25/2020 (ztd). |
| Filing 4 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 19-CV-00408 (TNM) and 20-CV-01230 (TNM). (Warden, Andrew) |
| Filing 3 NOTICE of Appearance by Andrew I. Warden on behalf of All Defendants (Warden, Andrew) |
| Filing 2 NOTICE of Appearance by Frank Sharp Holleman, IV on behalf of All Plaintiffs (Holleman, Frank) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number ADCDC-7626181) filed by JOHN ELLIOTT, EWIIAAPAAYP BAND OF KUMEYAAY INDIANS, KUMEYAAY HERITAGE PRESERVATION COUNCIL, CAMPO KUMEYAAY NATION, IIPAY NATION OF SANTA YSABEL, MANZANITA BAND OF THE KUMEYAAY NATION, SYCUAN BAND OF THE KUMEYAAY NATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Summons CHAD WOLF, #5 Summons DEPARTMENT OF HOMELAND SECURITY, #6 Summons MARK MORGAN, #7 Summons UNITED STATES CUSTOMS AND BORDER PROTECTION, #8 Summons TODD SEMONITE, #9 Summons UNITED STATES ARMY CORPS OF ENGINEERS, #10 Summons MICHAEL R. SHERWIN, #11 Summons WILLIAM BARR)(Hampson, Colin) |
| Case Assigned to Judge Rudolph Contreras. (zsb) |
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