MICCOSUKEE TRIBE OF INDIANS OF FLORIDA v. UNITED STATES DEPARTMENT OF THE TREASURY et al
Plaintiff: MICCOSUKEE TRIBE OF INDIANS OF FLORIDA
Defendant: UNITED STATES DEPARTMENT OF THE TREASURY and UNITED STATES OF AMERICA
Case Number: 1:2020cv02792
Filed: October 1, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Amit P Mehta
Referring Judge: Carl J Nichols
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05:551
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2020 Opinion or Order MINUTE ORDER. Having determined that oral argument will not aid the court in resolving the pending motion because the facts and legal arguments are adequately presented in the briefs and record, the hearing scheduled for November 19, 2020 is hereby vacated. Signed by Judge Amit P. Mehta on 11/17/2020. (lcapm2)
November 9, 2020 Filing 39 TRANSCRIPT OF STATUS CONFERENCE VIA TELECONFERENCE PROCEEDINGS before Judge Amit P. Mehta held on October 15, 2020; Page Numbers: 1-32. Date of Issuance: November 9, 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 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/7/2021.(wz)
October 30, 2020 Filing 38 SUPPLEMENTAL MEMORANDUM to re #5 Motion for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OF AMERICA. (Lynch, Jason)
October 30, 2020 NOTICE of Hearing: Oral Argument reset to 11/19/2020 at 1:00 PM via video conference before Judge Amit P. Mehta. The courtroom deputy will circulate connection information to counsel. Members of the public 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)
October 28, 2020 Filing 37 SUPPLEMENTAL MEMORANDUM to re #5 in Support of Motion for Preliminary Injunction filed by MICCOSUKEE TRIBE OF INDIANS OF FLORIDA. (Attachments: #1 Exhibit 1)(Jarcho, Daniel)
October 28, 2020 NOTICE OF ERROR re #36 Supplemental Memorandum; emailed to jean.richmann@alston.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: Attorney signature must match login/password in future fillings. (zeg, )
October 23, 2020 Filing 36 SUPPLEMENTAL MEMORANDUM to re #5 in Support of Motion for Preliminary Injunction filed by MICCOSUKEE TRIBE OF INDIANS OF FLORIDA. (Attachments: #1 Exhibit 1)(Richmann, Jean)
October 15, 2020 Opinion or Order MINUTE ORDER granting #33 Defendants' Consent Motion for Extension of Answer Deadline. Defendants shall answer or otherwise respond to Plaintiff's Complaint within 14 days of resolution of Plaintiff's #5 Motion for Preliminary Injunction. Signed by Judge Amit P. Mehta on 10/15/2020. (lcapm2)
October 15, 2020 Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held telephonically on 10/15/2020. Plaintiff's Supplemental Brief due by 10/23/2020. Government's Response due by 10/30/2020. Oral Argument set for 11/4/2020 at 2:00 PM via video conference before Judge Amit P. Mehta. (Court Reporter: William Zaremba) (zjd)
October 14, 2020 Filing 35 NOTICE of Appearance by Daniel Francis Diffley on behalf of MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Diffley, Daniel)
October 14, 2020 Filing 34 NOTICE of Appearance by George Blay Abney, I on behalf of MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Abney, George)
October 13, 2020 Set/Reset Hearings: Status Conference set for 10/15/2020 at 10:30 AM via teleconference before Judge Amit P. Mehta. (zjd)
October 13, 2020 Opinion or Order MINUTE ORDER. The parties shall appear for a telephonic status hearing on October 15, 2020, at 10:30 a.m. If this date and time is unavailable for the parties, they should contact the courtroom deputy, Jean-Claude Douyon at Jean-Claude_Douyon@dcd.uscourts.gov, with two alternative dates and times. The courtroom deputy will circulate dial-in information. Members of the public 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 10/13/2020. (lcapm2)
October 13, 2020 Filing 33 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, Until 14 Days After Resolution of Plaintiff's #5 Motion for Preliminary Injunction by UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OF AMERICA (Lynch, Jason)
October 13, 2020 Filing 32 Case directly reassigned to Judge Amit P. Mehta as related. Judge Carl J. Nichols is no longer assigned to the case. (ztnr)
October 9, 2020 Filing 31 NOTICE of Appearance by Jean Richmann on behalf of MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Richmann, Jean)
October 9, 2020 Opinion or Order MINUTE ORDER. The Court having considered Plaintiff's #29 Motion For Admission Pro Hac Vice of Jean E. Richmann, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Jean E. Richmann is ADMITTED to practice before the Court pro hac vice. 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 Carl J. Nichols on October 9, 2020. (lccjn1)
October 9, 2020 Opinion or Order MINUTE ORDER. The Court having considered Plaintiff's #28 Motion For Admission Pro Hac Vice of Daniel F. Diffley, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Daniel F. Diffley is ADMITTED to practice before the Court pro hac vice. 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 Carl J. Nichols on October 9, 2020. (lccjn1)
October 9, 2020 Opinion or Order MINUTE ORDER. The Court having considered Plaintiff's #27 Motion For Admission Pro Hac Vice of George B. Abney, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that George B. Abney is ADMITTED to practice before the Court pro hac vice. 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 Carl J. Nichols on October 9, 2020. (lccjn1)
October 9, 2020 Filing 30 NOTICE of Appearance by Daniel G. Jarcho on behalf of MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Jarcho, Daniel) (Main Document 30 replaced on 10/14/2020) (zeg).
October 9, 2020 Filing 29 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jean E. Richmann, Filing fee $ 100, receipt number ADCDC-7697829. Fee Status: Fee Paid. by MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Attachments: #1 Declaration, #2 Text of Proposed Order)(Jarcho, Daniel)
October 9, 2020 Filing 28 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel F. Diffley, Filing fee $ 100, receipt number ADCDC-7697816. Fee Status: Fee Paid. by MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Attachments: #1 Declaration, #2 Text of Proposed Order)(Jarcho, Daniel)
October 9, 2020 Filing 27 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- George B. Abney, Filing fee $ 100, receipt number ADCDC-7697741. Fee Status: Fee Paid. by MICCOSUKEE TRIBE OF INDIANS OF FLORIDA (Attachments: #1 Declaration, #2 Text of Proposed Order)(Jarcho, Daniel)
October 9, 2020 Filing 26 STATUS REPORT in Response to the Court's October 8, 2020, Minute Order by UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OF AMERICA. (Lynch, Jason)
October 9, 2020 Filing 25 STATUS REPORT by MICCOSUKEE TRIBE OF INDIANS OF FLORIDA. (Jarcho, Daniel)
October 8, 2020 Filing 24 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 1:20-cv-1999. (Lynch, Jason)
October 8, 2020 Filing 23 NOTICE of Appearance by Jason C. Lynch on behalf of All Defendants (Lynch, Jason)
October 8, 2020 Set/Reset Deadlines: Joint Status Report due by 10/9/2020. (zcal)
October 8, 2020 Opinion or Order MINUTE ORDER. In light of Plaintiff's #5 Expedited Motion for Preliminary Injunction, it is hereby ORDERED that on or before October 9, 2020, at 4 PM, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a statement addressing how the Court of Appeals' decision in Confederated Tribes of the Chehalis Reservation v. Mnuchin, 2020 WL 5742075 (D.C. Cir. 2020), impacts Plaintiff's Motion and whether it eliminates the need for preliminary relief; (2) a statement addressing when the Parties believe the Court needs to rule on Plaintiff's Motion to prevent irreparable harm; (3) a statement addressing whether additional briefing on Plaintiff's Motion is necessary; and (4) a statement addressing whether a hearing on Plaintiff's Motion is necessary, and, if so, when that hearing should be held. The Parties may also address any other issues that they believe will be helpful to the Court. Signed by Judge Carl J. Nichols on October 8, 2020. (lccjn1)
October 6, 2020 Set/Reset Deadlines: Joint Status Report due by 10/7/2020. (zcal)
October 6, 2020 Opinion or Order MINUTE ORDER. In light of Plaintiff's #5 Expedited Motion for Preliminary Injunction, it is hereby ORDERED that on or before October 7, 2020, at 4 PM, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a statement addressing how the Court of Appeals' decision in Confederated Tribes of the Chehalis Reservation v. Mnuchin, 2020 WL 5742075 (D.C. Cir. 2020), impacts Plaintiff's Motion and whether it eliminates the need for preliminary relief; (2) a statement addressing when the Parties believe the Court needs to rule on Plaintiff's Motion to prevent irreparable harm; (3) a statement addressing whether additional briefing on Plaintiff's Motion is necessary; and (4) a statement addressing whether a hearing on Plaintiff's Motion is necessary, and, if so, when that hearing should be held. The Parties may also address any other issues that they believe will be helpful to the Court. Signed by Judge Carl J. Nichols on October 6, 2020. (lccjn1)
October 1, 2020 Filing 22 Case transferred in from District of Florida Southern; Case Number 1:20-cv-23182. Original file certified copy of transfer order and docket sheet received.
September 30, 2020 Opinion or Order Filing 21 ORDER Transferring Case. Order granting #17 Motion to Change Venue. The Clerk of Court is ordered to TRANSFER this case to the District Court for the District of Columbia and CLOSE the case. Signed by Judge Kathleen M. Williams on 9/30/2020. See attached document for full details. (kpe) [Transferred from Florida Southern on 10/1/2020.]
September 29, 2020 Filing 20 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Video Motion Hearing held on 9/29/2020 re: DE #5 EXPEDITED MOTION Preliminary Injunction filed by The Miccosukee Tribe of Indians of Florida. Attorney Appearance(s): Daniel G. Jarcho, George B. Abney, Jason C. Lynch. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) [Transferred from Florida Southern on 10/1/2020.]
September 28, 2020 Filing 19 RESPONSE in Opposition re #17 MOTION to Change Venue and, Alternatively, Opposition to #5 Plaintiff's Expedited Motion for Preliminary Injunction filed by The Miccosukee Tribe of Indians of Florida. Replies due by 10/5/2020. (Attachments: #1 Exhibit)(Abney, George) [Transferred from Florida Southern on 10/1/2020.]
September 28, 2020 Filing 18 REPLY to Response to Motion re #17 MOTION to Change Venue and, Alternatively, Opposition to #5 Plaintiff's Expedited Motion for Preliminary Injunction filed by The Miccosukee Tribe of Indians of Florida. (Attachments: #1 Exhibit, #2 Exhibit)(Abney, George) [Transferred from Florida Southern on 10/1/2020.]
September 25, 2020 Filing 17 MOTION to Change Venue and, Alternatively, Opposition to #5 Plaintiff's Expedited Motion for Preliminary Injunction by United States Department of the Treasury, United States Of America. Responses due by 10/9/2020 (Attachments: #1 Exhibit 1 - Kowalski Declaration)(Lynch, Jason) [Transferred from Florida Southern on 10/1/2020.]
September 21, 2020 Set/Reset Hearings **TIME CHANGE ONLY** Preliminary Injunction Hearing set for 9/29/2020 01:00 PM in Miami Division before Judge Kathleen M. Williams. (clu) [Transferred from Florida Southern on 10/1/2020.]
September 21, 2020 Opinion or Order Filing 16 PAPERLESS ORDER GRANTING #15 Defendants' motion for extension. It is ORDERED AND ADJUDGED that the Government's response to #5 Plaintiff's motion for preliminary injunction is due by September 25, 2020 at 5:00 PM. The telephonic hearing on Plaintiff's motion for preliminary injunction is RESET for September 29, 2020 at 1:00 PM. To participate, dial 1-888-684-8852, access code: 7369700#, security code: 1133. Signed by Judge Kathleen M. Williams on 9/21/2020. (clu) [Transferred from Florida Southern on 10/1/2020.]
September 21, 2020 Filing 15 Consent MOTION for Extension of Time to File Response and to Hold Hearing re #5 Motion for Preliminary Injunction re 12 Order,, Order Setting Hearing on Motion, by United States Department of the Treasury, United States Of America. Responses due by 10/5/2020 (Lynch, Jason) [Transferred from Florida Southern on 10/1/2020.]
September 21, 2020 Opinion or Order Filing 14 PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel G. Jarcho. The Clerk shall add pro hac counsel as co-counsel of record for Plaintiff. Signed by Magistrate Judge Edwin G. Torres on 9/21/2020. (ahg) [Transferred from Florida Southern on 10/1/2020.]
September 21, 2020 Opinion or Order Filing 13 PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel F. Diffley. The Clerk shall add pro hac counsel as co-counsel of record for Plaintiff. Signed by Magistrate Judge Edwin G. Torres on 9/21/2020. (ahg) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Set Deadlines per DE 12 Order as to #5 Motion. Responses due by 9/24/2020. (kpe) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Opinion or Order Filing 12 PAPERLESS ORDER. This matter is before the Court on #5 Plaintiff's expedited motion for preliminary injunction. Defendant shall respond to #5 the motion no later than September 24, 2020 at 5:00 PM. A telephonic hearing on #5 the motion is SET for September 28, 2020 at 1:00 PM. To participate, dial 1-888-684-8852, access code: 7369700#, security code: 1133. Signed by Judge Kathleen M. Williams on 9/18/2020. (clu) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 11 Clerks Notice to Filer re #6 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 10 Summons Returned Executed as to USA. It is not necessary to refile this document. (kpe) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 10 SUMMONS (Affidavit) Returned Executed by The Miccosukee Tribe of Indians of Florida. U.S. Attorney General served on 8/10/2020, answer due 10/9/2020; U.S. Attorney served on 8/12/2020, answer due 10/13/2020. See DE #6 for image. (kpe) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 9 NOTICE of Attorney Appearance by Jason C. Lynch on behalf of United States Department of the Treasury, United States Of America. Attorney Jason C. Lynch added to party United States Department of the Treasury(pty:dft), Attorney Jason C. Lynch added to party United States Of America(pty:dft). (Lynch, Jason) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel G. Jarcho. Filing Fee $ 200.00 Receipt # AFLSDC-13548466 by The Miccosukee Tribe of Indians of Florida. Responses due by 10/2/2020 (Abney, George) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel F. Diffley. Filing Fee $ 200.00 Receipt # AFLSDC-13548210 by The Miccosukee Tribe of Indians of Florida. Responses due by 10/2/2020 (Abney, George) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 6 NOTICE by The Miccosukee Tribe of Indians of Florida of Return of Service (Abney, George) [Transferred from Florida Southern on 10/1/2020.]
September 18, 2020 Filing 5 EXPEDITED MOTION Preliminary Injunction by The Miccosukee Tribe of Indians of Florida. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Text of Proposed Order)(Abney, George) [Transferred from Florida Southern on 10/1/2020.]
August 4, 2020 Opinion or Order Filing 4 ORDER Of Referral And Notice Of Court Practices And Procedures. Signed by Judge Kathleen M. Williams on 8/4/2020. See attached document for full details. (kpe) [Transferred from Florida Southern on 10/1/2020.]
July 31, 2020 Filing 3 Summons Issued as to United States Department of the Treasury, U.S. Attorney and U.S. Attorney General. (kpe) [Transferred from Florida Southern on 10/1/2020.]
July 31, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) [Transferred from Florida Southern on 10/1/2020.]
July 31, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13276360, filed by The Miccosukee Tribe of Indians of Florida. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Exhibit Exhibit 1, #6 Exhibit Exhibit 2, #7 Exhibit Exhibit 3, #8 Exhibit Exhibit 4, #9 Exhibit Exhibit 5, #10 Exhibit Exhibit 6, #11 Exhibit Exhibit 7, #12 Exhibit Exhibit 8)(Abney, George) [Transferred from Florida Southern on 10/1/2020.]

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Plaintiff: MICCOSUKEE TRIBE OF INDIANS OF FLORIDA
Represented By: George Blay Abney, I
Represented By: Jean Richmann
Represented By: Daniel Francis Diffley
Represented By: Daniel G. Jarcho
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Defendant: UNITED STATES DEPARTMENT OF THE TREASURY
Represented By: Jason C. Lynch
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Defendant: UNITED STATES OF AMERICA
Represented By: Jason C. Lynch
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