Stimson Lumber Company v. Coeur d'Alene Tribe
| Stimson Lumber Company |
| Coeur d'Alene Tribe |
| 2:2022cv00089 |
| February 25, 2022 |
| US District Court for the District of Idaho |
| David C Nye |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.
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Filing 39
DECLARATION re #38 Response to Motion, filed by Stimson Lumber Company Declaration of Darian Stanford in Support of Plaintiff's Response to Defendant's Supplemental Memorandum. (Conable, Paul)
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Filing 38
RESPONSE to Motion re #35 First MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(1) Plaintiff's Response to Defendant's Supplemental Memorandum and Motion to Dismiss filed by Stimson Lumber Company. Replies due by 5/2/2022.(Conable, Paul)
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Filing 37
DOCKET ENTRY ORDER: Due to the upcoming deadlines in the preliminary injunction briefing, the pending response to Defendants First Motion to Dismiss for Lack of Jurisdiction, the fact that the same jurisdictional issue is a prominent part of both motions, and because the Defendants will not be unduly prejudiced because they brought the Motion to Dismiss re-raising the jurisdictional issues already part of the case, the Court hereby GRANTS the Motion to Consolidate Briefing Schedule Dkt. #36 . Plaintiffs Supplemental Reply Brief in Support of its Motion for Preliminary Injunction and its Response to Defendants Motion to Dismiss are due on April 18, 2022 as a single, consolidated brief not to exceed thirty pages. Defendants Reply to the Response shall be due according to the normal briefing schedule and guidelines. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ab)
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Filing 36
MOTION to Consolidate Briefing Schedule and Memorandum in Support Paul W Conable appearing for Plaintiff Stimson Lumber Company. Responses due by 4/27/2022 (Conable, Paul)
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Filing 35
First MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(1) Matthew L. Murdock appearing for Defendant Coeur d'Alene Tribe. Responses due by 4/18/2022 (Attachments: #1 Memorandum in Support Memorandum of Points & Authorities In Support of Motion to Dismiss, #2 Affidavit Declaration of Eric Van Orden, #3 Exhibit 1, #4 Exhibit 2)(Murdock, Matthew)
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Filing 34
ORDER - IT IS HEREBY ORDERED that Plaintiffs sur-reply to Defendants Supplement (Dkt. #32 ) is due April 8, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 33
MOTION to Clarify Motion for Clarification Paul W Conable appearing for Plaintiff Stimson Lumber Company. Responses due by 4/15/2022 (Conable, Paul)
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Filing 32
SUPPLEMENT by Defendant Coeur d'Alene Tribe re #30 Supplement Memorandum in Response to Stimson Lumber Company's Supplement [Dkt. 30]. (Attachments: #1 Affidavit Declaration of Eric Van Orden, #2 Exhibit 1, #3 Exhibit 2)(Murdock, Matthew)
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Filing 31
Minute Entry for proceedings held before Judge David C. Nye: Video Motion Hearing held on 3/17/2022 re 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Stimson Lumber Company. Matter taken under advisement. (Court Reporter: Anne Bowline) (kt) (Main Document 31 replaced on 3/17/2022, wrong doc attached) (kt).
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Filing 30
SUPPLEMENT by Plaintiff Stimson Lumber Company re #4 Memorandum in Support of Motion Supplemental Declaration of Dan McFall. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Olson, Steven)
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Filing 29
AMENDED NOTICE of Hearing on Motion 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction : Motion Hearing set for 3/16/2022 at 4:00 MST/3:00 PST is VACATED and rescheduled for 3/17/2022 at 02:00 MST/1:00 PST in Boise - Courtroom 2 via zoom before Judge David C. Nye. (Notice sent to USP & USM)Members of the public may use the following to attend via Audio ONLY: 1-669-254-5252, Meeting ID: 161 144 7829, Meeting Password: 251661. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against Photographing, recording, and rebroadcasting of court proceedings(pr)
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Filing 28
NOTICE of Appearance by Vanessa Ray-Hodge on behalf of Coeur d'Alene Tribe (alw)
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Filing 27
REPLY to Response to Motion re 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Stimson Lumber Company.Motion Ripe Deadline set for 3/15/2022.(Hallin, Jonathon)
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Filing 26
AMENDED COMPLAINT against Coeur d'Alene Tribe, filed by Stimson Lumber Company.(Hallin, Jonathon)
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Filing 25
RESPONSE filed by Coeur d'Alene Tribe in Opposition to Motion for Preliminary Injunction. (Attachments: #1 Affidavit of Kristofer Nixon, #2 Exhibit 1)(Murdock, Matthew)
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Filing 24
DOCKET ENTRY ORDER approving #20 Motion for Pro Hac Vice Appearance of attorney Matthew L. Murdock for Coeur d'Alene Tribe Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
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Filing 23
DOCKET ENTRY ORDER approving #9 #10 #11 Motion for Pro Hac Vice Appearance of attorney Reid G. Johnson,Steven D. Olson,Paul W Conable for Stimson Lumber Company Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
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Filing 22
SUPPLEMENT by Plaintiff Stimson Lumber Company re #10 MOTION FOR PRO HAC VICE APPEARANCE by Paul W. Conable. ( Filing fee $ 250 receipt number AIDDC-2356423.) . (Hallin, Jonathon)
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Filing 21
SUPPLEMENT by Plaintiff Stimson Lumber Company re #9 MOTION FOR PRO HAC VICE APPEARANCE by Steven D. Olson. ( Filing fee $ 250 receipt number AIDDC-2356415.) . (Hallin, Jonathon)
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Filing 20
MOTION FOR PRO HAC VICE APPEARANCE by Matthew L. Murdock. ( Filing fee $ 250 receipt number AIDDC-2358294.)Eric Van Orden appearing for Defendant Coeur d'Alene Tribe. Responses due by 3/29/2022 (Van Orden, Eric)
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Filing 19
NOTICE of Appearance by Eric Van Orden on behalf of All Defendants (Van Orden, Eric)
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Filing 18
SUPPLEMENT by Plaintiff Stimson Lumber Company re #12 MOTION FOR PRO HAC VICE APPEARANCE by Reid G. Johnson. ( Filing fee $ 250 receipt number AIDDC-2356698.) . (Hallin, Jonathon)
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Filing 17
NOTICE of Appearance by Jonathon David Hallin on behalf of Stimson Lumber Company (Hallin, Jonathon)
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Filing 16
WAIVER OF SERVICE Returned Executed by Stimson Lumber Company. Coeur d'Alene Tribe waiver sent on 3/4/2022, answer due 5/3/2022. (Hines, Michael)
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Filing 15
MOTION to Supplement re: #12 MOTION FOR PRO HAC VICE APPEARANCE by Reid G. Johnson. ( Filing fee $ 250 receipt number AIDDC-2356698.) Michael James Hines appearing for Plaintiff Stimson Lumber Company. Responses due by 3/25/2022 (Hines, Michael)
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Filing 14
MOTION to Supplement re: #10 MOTION FOR PRO HAC VICE APPEARANCE by Paul W. Conable. ( Filing fee $ 250 receipt number AIDDC-2356423.) Michael James Hines appearing for Plaintiff Stimson Lumber Company. Responses due by 3/25/2022 (Hines, Michael)
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Filing 13
MOTION to Supplement re: #9 MOTION FOR PRO HAC VICE APPEARANCE by Steven D. Olson. ( Filing fee $ 250 receipt number AIDDC-2356415.) Michael James Hines appearing for Plaintiff Stimson Lumber Company. Responses due by 3/25/2022 (Hines, Michael)
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Filing 12
MOTION FOR PRO HAC VICE APPEARANCE by Reid G. Johnson. ( Filing fee $ 250 receipt number AIDDC-2356698.)Michael James Hines appearing for Plaintiff Stimson Lumber Company. Responses due by 3/25/2022 (Hines, Michael)
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Filing 11
Corporate Disclosure Statement by Stimson Lumber Company. (Hallin, Jonathon)
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Filing 10
MOTION FOR PRO HAC VICE APPEARANCE by Paul W. Conable. ( Filing fee $ 250 receipt number AIDDC-2356423.)Michael James Hines appearing for Plaintiff Stimson Lumber Company. Responses due by 3/25/2022 (Hines, Michael)
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Filing 9
MOTION FOR PRO HAC VICE APPEARANCE by Steven D. Olson. ( Filing fee $ 250 receipt number AIDDC-2356415.)Michael James Hines appearing for Plaintiff Stimson Lumber Company. Responses due by 3/25/2022 (Hines, Michael)
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CORRECTIVE ENTRY - The entry docket number #12 MOTION FOR PRO HAC VICE APPEARANCE by Reid G. Johnson, #9 MOTION FOR PRO HAC VICE APPEARANCE by Steven D. Olson, #10 MOTION FOR PRO HAC VICE APPEARANCE by Paul W. Conable was filed incorrectly in this case. The filing party shall re-submit using the application for pro hac vice form. Please use 'Supplement' event when re-filing.(alw)
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Filing 8
MEMORANDUM DECISION AND ORDER. Stimsons Motion forTemporary Restraining Order (Dkt. #4 ) is DENIED. The Motion for Preliminary Injunction (Dkt. #4 ) is UNDER ADVISEMENT.IT IS FURTHER ORDERED that Stimson shall serve the Motion (Dkt. #4 ) and thisOrder upon the Tribe and file a certificate of service of the same no later than March 4, 2022. The Tribe shall file any response brief to the Motion for Preliminary Injunction on or before March 10, 2022. Stimson may file a reply brief no later than March 14, 2022. The Court will hold a hearing on this matter on March 16 at 4:00 pm MST via Zoom. Signed by Judge David C. Nye. (alw)
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Filing 7
DOCKET ENTRY NOTICE of Hearing on Motion 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction : Motion Hearing set for 3/16/2022 at 04:00 MST/3:00 PST in Boise via zoom - Courtroom 2 before Judge David C. Nye. Members of the public may use the following to attend via Audio ONLY: 1-669-254-5252, Meeting ID: 161 144 7829, Meeting Password: 251661. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against Photographing, recording, and rebroadcasting of court proceedings.(pr) Modified on 3/11/2022 to add MST/PST.(pr).
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Set/Reset Deadlines as to 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction. Responses due by 3/10/2022 Replies due by 3/14/2022. (alw)
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Filing 6
AFFIDAVIT in Support by Dan McFall re 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction Amended filed by Stimson Lumber Company. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 1 - Part 3, #4 Exhibits 2-5)(Hines, Michael)
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Filing 5
AFFIDAVIT in Support by Dan McFall re 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Stimson Lumber Company.(Hines, Michael)
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Filing 4
MEMORANDUM in Support re 3 EX PARTE MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Stimson Lumber Company.(Hines, Michael)
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Filing 2
Summons Issued as to Coeur d'Alene Tribe. (Print attached Summons for service.) (alw)
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Notice of Reassignment and Case Number Change: Case was opened with incorrect division. Corrected to Northern Division and case reassigned to Judge David C Nye. Please use case number 2:22-cv-89-DCN for all future filings. (alw)
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Filing 1
COMPLAINT against Coeur d'Alene Tribe ( Filing fee $ 402 receipt number AIDDC-2352952.), filed by Stimson Lumber Company. (Attachments: #1 Exhibit 1, #2 Summons, #3 Cover Sheet)(Hines, Michael) Modified on 2/28/2022 to remove duplicate language (alw).
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