Fond du Lac Band of Lake Superior Chippewa v. Cummins et al
Plaintiff: Fond du Lac Band of Lake Superior Chippewa
Defendant: Constance Cummins, Randy Moore, United States Forest Service, Thomas Vilsack and United States Department of Agriculture
Intervenor Defendant: PolyMet Mining, Inc.
Case Number: 0:2022cv00170
Filed: January 24, 2022
Court: US District Court for the District of Minnesota
Presiding Judge: Leo I Brisbois
Referring Judge: Katherine M Menendez
2 Judge: Patrick J Schiltz
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2022 Opinion or Order Filing 27 (Text-Only) ORDER - Upon conducting a preliminary review of the Poly Met Mining, Inc.'s Motion to Intervene as a Defendant [Docket No. #16 ], the documents submitted in support thereof, [Docket Nos. #17 , #18 , #19 , #20 , #21 ], and the lack of opposition thereto, the Court has determined that a hearing on Poly Met Mining, Inc.'s Motion to Intervene as a Defendant [Docket No. #16 ] is unnecessary and would not benefit the Court in consideration of Poly Met, Inc.'s Motion. The Motion Hearing currently scheduled for March 23, 2022 at 1:30 p.m., before Magistrate Judge Leo I. Brisbois is hereby CANCELLED. The Court will take Poly Met Mining, Inc.'s Motion to Intervene as a Defendant [Docket No. #16 ], under advisement upon the written submissions on March 23, 2022, based on the parties' written submissions which were timely filed on CM/ECF. Ordered by Magistrate Judge Leo I. Brisbois on 3/15/2022.(JLB)
March 7, 2022 Opinion or Order Filing 26 (Text-Only) ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Jay Christopher Johnson for PolyMet Mining, Inc.. Approved by Magistrate Judge Leo I. Brisbois on 3/7/2022. (JGK)
March 4, 2022 Opinion or Order Filing 25 MOTION for Admission Pro Hac Vice for Attorney Jay C. Johnson. Filing fee $ 100, receipt number AMNDC-9364706 filed by PolyMet Mining, Inc.. (Mills, Monte)
March 4, 2022 Opinion or Order Filing 24 NOTICE of Appearance by Shaun M. Pettigrew on behalf of All Defendants. (Pettigrew, Shaun)
March 4, 2022 Opinion or Order Filing 23 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Kathryn A. Kusske Floyd and Jay C. Johnson as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MMP)
March 3, 2022 Opinion or Order Filing 22 PROPOSED ORDER TO JUDGE re #16 MOTION to Intervene as a Defendant filed by PolyMet Mining, Inc..(Mills, Monte)
March 3, 2022 Opinion or Order Filing 21 MEET and CONFER STATEMENT re #16 Motion to Intervene filed by PolyMet Mining, Inc..(Mills, Monte)
March 3, 2022 Opinion or Order Filing 20 Declaration of Jay C. Johnson in Support of #16 MOTION to Intervene as a Defendant filed by PolyMet Mining, Inc..(Mills, Monte)
March 3, 2022 Opinion or Order Filing 19 Declaration of Jonathan Cherry in Support of #16 MOTION to Intervene as a Defendant filed by PolyMet Mining, Inc..(Mills, Monte)
March 3, 2022 Opinion or Order Filing 18 MEMORANDUM in Support re #16 MOTION to Intervene as a Defendant filed by PolyMet Mining, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Mills, Monte)
March 3, 2022 Opinion or Order Filing 17 NOTICE OF HEARING ON MOTION #16 MOTION to Intervene as a Defendant : Motion Hearing set for 3/23/2022 at 01:30 PM in Judge's Chambers, Room 412 (DUL) before Magistrate Judge Leo I. Brisbois. (Mills, Monte)
March 3, 2022 Opinion or Order Filing 16 MOTION to Intervene as a Defendant filed by PolyMet Mining, Inc.. (Mills, Monte)
February 10, 2022 Opinion or Order Filing 15 SUMMONS Returned Executed as to USA by Fond du Lac Band of Lake Superior Chippewa. United States Department of Agriculture served on 1/31/2022, answer due 4/1/2022. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Ray-Hodge, Vanessa)
February 10, 2022 Opinion or Order Filing 14 SUMMONS Returned Executed as to USA by Fond du Lac Band of Lake Superior Chippewa. Thomas Vilsack served on 1/31/2022, answer due 4/1/2022. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Ray-Hodge, Vanessa)
February 10, 2022 Opinion or Order Filing 13 SUMMONS Returned Executed as to USA by Fond du Lac Band of Lake Superior Chippewa. United States Forest Service served on 1/31/2022, answer due 4/1/2022. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Ray-Hodge, Vanessa)
February 10, 2022 Opinion or Order Filing 12 SUMMONS Returned Executed as to USA by Fond du Lac Band of Lake Superior Chippewa. Randy Moore served on 1/31/2022, answer due 4/1/2022. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Ray-Hodge, Vanessa)
February 10, 2022 Opinion or Order Filing 11 SUMMONS Returned Executed as to USA by Fond du Lac Band of Lake Superior Chippewa. Constance Cummins served on 1/31/2022, answer due 4/1/2022. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Ray-Hodge, Vanessa)
February 10, 2022 Opinion or Order Filing 10 NOTICE of Appearance by David W Fuller on behalf of Constance Cummins, Randy Moore, United States Department of Agriculture, United States Forest Service, Thomas Vilsack. (Fuller, David)
January 28, 2022 Opinion or Order Filing 9 ORDER OF REASSIGNMENT OF RELATED CASES. This case is reassigned to Judge Patrick J. Schiltz for all further proceedings. Judge Katherine M. Menendez no longer assigned to case. NOTE: the new case number is 22-cv-170 (PJS/LIB). Please use this case number for all subsequent pleadings Signed by Judge Patrick J. Schiltz on 1/27/2022 and Judge Katherine M.Menendez on 1/28/2022. (MKB)
January 25, 2022 Opinion or Order Filing 8 (Text-Only) ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Matthew L Murdock for Fond du Lac Band of Lake Superior Chippewa. Approved by Magistrate Judge Leo I. Brisbois on 1/25/2022. (ABR)
January 25, 2022 Opinion or Order Filing 7 (Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Vanessa Ray-Hodge for Fond du Lac Band of Lake Superior Chippewa. Approved by Magistrate Judge Leo I. Brisbois on 1/25/2022. (ABR)
January 24, 2022 Opinion or Order Filing 6 MOTION for Admission Pro Hac Vice for Attorney Matthew L. Murdock. Filing fee $ 100, receipt number AMNDC-9283464 filed by Fond du Lac Band of Lake Superior Chippewa. (Copeland, Sean)
January 24, 2022 Opinion or Order Filing 5 MOTION for Admission Pro Hac Vice for Attorney Vanessa L. Ray-Hodge. Filing fee $ 100, receipt number AMNDC-9283434 filed by Fond du Lac Band of Lake Superior Chippewa. (Copeland, Sean)
January 24, 2022 Opinion or Order Filing 4 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Vanessa L. Ray-Hodge; Matthew L. Murdock as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MKB)
January 24, 2022 Opinion or Order Filing 3 Summons Issued as to Constance Cummins, Randy Moore, United States Department of Agriculture, United States Forest Service, Thomas Vilsack. (MKB)
January 24, 2022 Opinion or Order Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (5th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 22-cv-170 (KMM/LIB). (MKB)
January 24, 2022 Opinion or Order Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Constance Cummins, Randy Moore, United States Department of Agriculture, United States Forest Service, Thomas Vilsack (filing fee $ 402, receipt number AMNDC-9282956) filed by Fond du Lac Band of Lake Superior Chippewa. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Copeland, Sean)

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Plaintiff: Fond du Lac Band of Lake Superior Chippewa
Represented By: Sean W Copeland
Represented By: Matthew L Murdock
Represented By: Vanessa Ray-Hodge
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Defendant: Constance Cummins
Represented By: David W Fuller
Represented By: Shaun M. Pettigrew
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Defendant: Randy Moore
Represented By: David W Fuller
Represented By: Shaun M. Pettigrew
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Defendant: United States Forest Service
Represented By: David W Fuller
Represented By: Shaun M. Pettigrew
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Defendant: Thomas Vilsack
Represented By: David W Fuller
Represented By: Shaun M. Pettigrew
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Defendant: United States Department of Agriculture
Represented By: David W Fuller
Represented By: Shaun M. Pettigrew
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Intervenor defendant: PolyMet Mining, Inc.
Represented By: Aaron P Knoll
Represented By: Jay Christopher Johnson
Represented By: Monte A Mills
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