Atakapa Indian de Creole Nation et al
| Atakapa Indian de Creole Nation and Moses Express Spendthrift Trust |
| United States of America and State of Louisiana |
| 3:2022cv00539 |
| August 8, 2022 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Brian A Jackson |
| Other Statutory Actions |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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| Filing 32 Supplemental and Amended Motion to Appoint Special Master by Atakapa Indian de Creole Nation (Attachments: #1 Exhibit Report to the Judicial Conferences Advisory Committee on Civil Rules and Its Subcommittee on Special Masters)(ELW) |
Filing 31
ORDER : Granting #28 MOTION for Leave to File Supplemental Memorandum to Motion to Appoint Special Master. The #7 MOTION to appoint RULE (53)(h) Special Master is TERMINATED AS MOOT. Signed by Judge Brian A. Jackson on 10/3/2022. (ELW)
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Filing 30
ORDER denying #23 Motion for Extension of Time to File. Signed by Judge Brian A. Jackson on 10/3/2022. (ELW)
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| Filing 29 MOTION for Leave to File reply brief by Atakapa Indian de Creole Nation (Attachments: #1 Proposed Order Ex.1 proposed order, #2 Proposed Pleading; ex. Reply Brief)(Moses, Edward) |
| Motions No Longer Referred: #28 MOTION for Leave to File Suppmental Memorandum to Motion to Appoint Special Master . This motion is now pending before the USDJ. (ELW) |
| MOTION(S) REFERRED: #28 MOTION for Leave to File Suppmental Memorandum to Motion to Appoint Special Master . This motion is now pending before the USMJ. (ELW) |
| Filing 28 MOTION for Leave to File Suppmental Memorandum to Motion to Appoint Special Master by Atakapa Indian de Creole Nation (Attachments: #1 Proposed Order Ex.1 proposed order, #2 Memorandum in Support Ex.2 Memo in support, #3 Exhibit Ex.3 eport to the Judicial Conferences Advisory Committee on Civil Rules and Its Subcommittee on Special Masters)(Moses, Edward) |
| Filing 27 RESPONSE in Opposition to #23 MOTION for Extension of Time to File Reply to US Response to Motion to Appoint Special Master, #26 First MOTION for Extension of Time to File Response to #12 MOTION to Dismiss Under Rules 12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure, #11 MOTION to Intervene filed by United States of America. (Jack, Justin) |
| Filing 26 First MOTION for Extension of Time to File Response to #12 MOTION to Dismiss Under Rules 12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure, #11 MOTION to Intervene by Atakapa Indian de Creole Nation (Attachments: #1 Proposed Order Ex.1 proposed order)(Moses, Edward) |
| Motions No Longer Referred: #23 MOTION for Extension of Time to File Reply to US Response to Motion to Appoint Special Master. This motion is now pending before the USDJ. (ELW) |
| MOTION(S) REFERRED: #23 MOTION for Extension of Time to File Reply to US Response to Motion to Appoint Special Master. This motion is now pending before the USMJ. (ELW) |
| Filing 23 MOTION for Extension of Time to File Reply to US Response to Motion to Appoint Special Master by Atakapa Indian de Creole Nation (Attachments: #1 Proposed Order Ex.1 proposed order)(Moses, Edward) |
| Filing 22 Supplemental MEMORANDUM in Support of #3 MOTION to Remand MOTION to Dismiss filed by Atakapa Indian de Creole Nation. (LLH) |
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Filing 21
ORDER granting #17 MOTION for Leave to File Supplemental Memorandum in support of Motion to Remand filed by Atakapa Indian de Creole Nation. The Clerk's Office shall enter Plaintiff's Supplemental Memorandum (R. Doc. 20-3) into the record. Plaintiff's Motion to Remand (R. Doc. 3) is full briefed. No further supplemental briefing by Plaintiff will be allowed. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9-19-22. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 20 Exhibit(s) to #17 MOTION for Leave to File Supplemental memorandum in support of Motion to remand by Atakapa Indian de Creole Nation. (Attachments: #1 Exhibit Ex.1 US Supreme Court controlling Case rendered on September 14, 2022, #2 Proposed Pleading; Ex.2 Proposed Pleading, #3 Memorandum in Support Ex.3 Proposed Memorandum in support)(Moses, Edward) |
| Filing 25 Reply to #13 Opposition to #3 MOTION to Remand or in the alternative MOTION to Dismiss. (ELW) Modified on 9/21/2022 to edit text (ELW) |
| Filing 24 ANSWER to Plaintiff's Complaint and Affirmative Defenses by State of Louisiana.(ELW) |
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Filing 19
ORDER : The #11 Motion to Intervene and #15 MOTION for Leave to File Reply are GRANTED. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/16/2022. (ELW)
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| Filing 18 Notice of Deficiency with Administrative Procedure III(A)(1) as to #17 Motion for Leave to File Document. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (ELW) |
| Filing 17 MOTION for Leave to File Supplemental memorandum in support of Motion to remand by Atakapa Indian de Creole Nation (Attachments: #1 Proposed Order, #2 Proposed Pleading;)(Moses, Edward) |
| MOTION(S) REFERRED: #17 MOTION for Leave to File Supplemental memorandum in support of Motion to remand . This motion is now pending before the USMJ. (ELW) |
| MOTION(S) REFERRED: #15 MOTION for Leave to File Reply. This motion is now pending before the USMJ. (ELW) |
| Filing 16 RESPONSE to #7 MOTION to appoint RULE (53)(h) Special Master filed by United States of America. (Jack, Justin) |
| Filing 15 MOTION for Leave to File Reply to #3 MOTION to Remand by Atakapa Indian de Creole Nation (Attachments: #1 Proposed Order, #2 Proposed Pleading;)(Moses, Edward) Modified on 9/13/2022 to edit text (ELW). |
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Filing 14
ORDER : The #10 Motion for Reconsideration is DENIED. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/6/2022. (ELW)
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| Filing 13 MEMORANDUM in Opposition to #3 MOTION to Remand filed by United States of America. (Jack, Justin) Modified on 9/7/2022 to edit text (ELW). |
| Filing 12 MOTION to Dismiss Under Rules 12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure by United States of America (Attachments: #1 Memorandum in Support, #2 Exhibit A - Fifth Circuit Ruling in Atakapa I, #3 Exhibit B - Fifth Circuit Ruling in Atakapa III, #4 Exhibit C - Sanction Order from the Western District, #5 Exhibit D - Fifth Circuit Ruling in Atakapa II)(Jack, Justin) |
| Filing 11 MOTION to Intervene by State of Louisiana (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading; Proposed Answer, #4 Proposed Pleading; Proposed Opposition)(Rogers, Morgan) |
| MOTION(S) REFERRED: #11 MOTION to Intervene . This motion is now pending before the USMJ. (ELW) |
| MOTION(S) REFERRED: #10 MOTION for Reconsideration of #6 Order on Motion for Extension of Time to File Response to a Motion, . This motion is now pending before the USMJ. (ELW) |
| Filing 10 MOTION for Reconsideration of #6 Order on Motion for Extension of Time to File Response to a Motion, by Atakapa Indian de Creole Nation (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Moses, Edward) |
| Filing 9 Exhibit(s) to #7 Motion to Appoint Rule (53)(H) Special Master by Atakapa Indian De Creole Nation. (Attachments: #1 Exhibit 1 Louisiana Purchase Treaty, #2 Exhibit 2 Public Records Request, #3 Exhibit 3 Baton Rouge City Court Dismissal Order)(Moses, Edward) Modified on 8/24/2022 to edit the text (NLT). |
| Filing 8 Notice of Deficiency with Administrative Procedure III(A)(1) as to #7 Motion for Miscellaneous Relief. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (LLH) |
| Filing 7 MOTION to appoint RULE (53)(h) Special Master by Atakapa Indian de Creole Nation (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit)(Moses, Edward) Modified on 8/23/2022 to edit text (LLH). |
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Filing 6
ORDER granting #4 MOTION for Extension of Time to File Response to #3 MOTION to Remand or in the Alternative MOTION to Dismiss Removal. Response shall be filed by 9/6/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/17/2022. (LLH)
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| Filing 5 RESPONSE in Opposition to #4 MOTION for Extension of Time to File Responsive Pleading filed by Atakapa Indian de Creole Nation. (Moses, Edward) |
| MOTION(S) REFERRED: #4 MOTION for Extension of Time to File Responsive Pleading. This motion is now pending before the USMJ. (ELW) |
| Filing 4 MOTION for Extension of Time to File Responsive Pleading by United States of America (Attachments: #1 Proposed Order)(Jack, Justin) |
| Filing 3 MOTION to Remand or in the Alternative Motion to Dismiss Notice of Removal for Want of Jurisdiction by Atakapa Indian de Creole Nation (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Moses, Edward). Added MOTION to Dismiss on 8/15/2022 and to edit text. (EDC). |
| MOTION(S) REFERRED: #3 MOTION to Remand MOTION to Dismiss. This motion is now pending before the USMJ. (EDC) |
| Filing 2 NOTICE OF Certificate of Interested Persons by United States of America (Jack, Justin) |
| Filing 1 NOTICE OF REMOVAL In re: Atakapa Indian de Creole Nation a/k/a Moses Express Spendthrift Trust from 19th Judicial District Court, Parish of East Baton Rouge, State of Louisiana, Case Number C-713366, Section 24. (), filed by United States of America. (Attachments: #1 Exhibit A - State Court Record (19th JDC, Case No 713366), #2 Exhibit B - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)(Jack, Justin) |
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