Santee Sioux Nation v. Tso et al
| Santee Sioux Nation |
| Roselyn Tso, UNITED STATES INDIAN HEALTH SERVICE;, Xavier Becerra, United States Department of Health and Human Services, UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE, Timothy Gribben, The United States of America and United States Indian Health Service |
| 8:2023cv00530 |
| November 29, 2023 |
| US District Court for the District of Nebraska |
| Brian C Buescher |
| Michael D Nelson |
| Other Statutory Actions |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 28
TEXT ORDER granting #27 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendants Xavier Becerra, The United States of America, Roselyn Tso, United States Department of Health and Human Services, and United States Indian Health Service shall have an extension of time to March 1, 2024, to file a motion to dismiss Plaintiff's Complaint. The deadline for filing the Rule 26(f) report is stayed pending resolution of the motion. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
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| Filing 27 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Eric W. Synowicki on behalf of Defendants Xavier Becerra, The United States of America, Roselyn Tso, United States Department of Health and Human Services, United States Indian Health Service.(Synowicki, Eric) |
| Filing 26 NOTICE of Appearance by Attorney Eric W. Synowicki on behalf of Defendants Xavier Becerra, The United States of America, Roselyn Tso, United States Department of Health and Human Services, United States Indian Health Service (Synowicki, Eric) |
| Filing 25 SUMMONS Returned Executed upon the U.S. Department of Health and Human Services defendant The United States of America. (Schulte, Conly) |
| Filing 24 SUMMONS Returned Executed upon XAVIER BECERRA, Secretary U.S. Department of Health & Human Services defendant The United States of America. (Schulte, Conly) |
| Filing 23 SUMMONS Returned Executed upon MERRICK GARLAND, U.S. Attorney General defendant The United States of America. (Schulte, Conly) |
| Filing 22 SUMMONS Returned Executed upon the INDIAN HEALTH SERVICE defendant The United States of America. (Schulte, Conly) |
| Filing 21 SUMMONS Returned Executed upon ROSELYN TSO, Director of the Indian Health Service defendant The United States of America on 12/11/2023. (Schulte, Conly) |
| Filing 20 NOTICE of regarding Complaint,,,,, #1 Notice of Errata by Attorney Conly J. Schulte on behalf of Plaintiff Santee Sioux Nation (Schulte, Conly) |
| Filing 19 TEXT ORDER granting Motion for Admission Pro Hac Vice #18 for attorney Aidan C. Graybill. Ordered by Deputy Clerk. (LKO) |
| Filing 18 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4991902 by Attorney Aidan C. Graybill on behalf of Plaintiff Santee Sioux Nation.(Graybill, Aidan) |
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Filing 17
ORDER ON JOINT STIPULATION TO WITHDRAW EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION - The parties' Joint Stipulation to Withdraw Emergency Motion for Temporary Restraining Order and Preliminary Injunction, Filing #13 , is granted. The Tribe's Emergency Motion for Temporary Restraining Order and Preliminary Injunction, Filing #1 ; Filing #2 , is deemed withdrawn on all terms stated in the Joint Stipulation even if all of those terms are not reiterated here. Withdrawal of the Emergency Motion is without prejudice to refiling if conditions set out in the parties' Joint Stipulation are not met. The hearing on the Tribe's Motion for Temporary Restraining Order and Preliminary Injunction previously scheduled for Monday, December 11, 2023, at 10:00 a.m. CST, is canceled. Defendants will file an Answer by February 2, 2024. Plaintiff and Defendants shall confer and file a Joint Report of Parties' Planning Conference, i.e., Rule 26(f) Report, on or before March 4, 2024. Ordered by Judge Brian C. Buescher. (JAB)
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| Filing 16 NOTICE of Appearance by Attorney Lynnett M. Wagner on behalf of Defendants Xavier Becerra, The United States of America, Roselyn Tso, United States Department of Health and Human Services, United States Indian Health Service (Wagner, Lynnett) |
| Filing 15 TEXT ORDER granting the Plaintiff's MOTION to Dismiss Party Timothy Gribben (in his official capacity as Commissioner Bureau of Fiscal Service) and United States Department of the Treasury, Bureau of the Fiscal Service. Ordered by Deputy Clerk. (MKR) |
| Filing 14 MOTION to Dismiss Party UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE and TIMOTHY GRIBBEN by Attorney Conly J. Schulte on behalf of Plaintiff Santee Sioux Nation.(Schulte, Conly) |
| Filing 13 JOINT MOTION to Withdraw Document regarding MOTION for Temporary Restraining Order #2 by Attorney Conly J. Schulte on behalf of Plaintiff Santee Sioux Nation.(Schulte, Conly) |
| Filing 12 RETURN of service of Complaint (with exhibits) (ECF No. 1), Motion for Temporary Restraining Order (ECF No. 2), Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 3), Courts December 1, 2023 Order (ECF No. 6) on 12/4/2023 upon Roselyn Tso, Director of the Indian Health Service; Indian Health Service; Xavier Becerra, Secretary of the U.S. Department of Health and Human Services; U.S. Department of Health and Human Services; U.S. Department of Treasury, Bureau of the Fiscal Service; Timothy Gribben, Commissioner of the U.S. Department of Treasury; U.S. Attorney General Merrick Garland by Attorney Conly J. Schulte on behalf of Plaintiff Santee Sioux Nation.(Schulte, Conly) |
| Filing 11 SUMMONS Returned Executed upon United States Attorney for the District of Nebraska Susan T. Lehr defendant The United States of America on 12/4/2023. (Schulte, Conly) |
| Filing 10 Summons Issued as to defendant United States Indian Health Service. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TCL) |
| Filing 9 Summons Issued as to defendant Xavier Becerra, Timothy Gribben, Roselyn Tso, United States Department of Health and Human Services, United States Department of the Treasury, Bureau of the Fiscal Service. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TCL) |
| Filing 8 Summons Requested as to U.S. Indian Health Service regarding Complaint,,,,, #1 . (Schulte, Conly) |
| Filing 7 Summons Requested as to Roselyn Tso, Director of the Indian Health Service; Indian Health Service; Xavier Becerra, Secretary of the U.S. Department of Health and Human Services; U.S. Department of Health and Human Services; U.S. Department of Treasury, Bureau of the Fiscal Service; Timothy Gribben, Commissioner of the U.S. Department of Treasury; U.S. Attorney General Merrick Garland; Susan T. Lehr U.S. Attorney for the District of Nebraska regarding Complaint,,,,, #1 . (Schulte, Conly) |
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Filing 6
ORDER - The Tribe shall give all Defendants notice of the Motion and the hearing set below and provide a copy of this Order to all Defendants not later than 5:00 p.m. CST on Monday, December 4, 2023, and shall promptly file proof of having given such notice. A hearing on the Tribes Motion for Temporary Restraining Order and Preliminary Injunction, Filing 3, is scheduled for Monday, December 11, 2023, at 10:00 a.m. CST. Ordered by Judge Brian C. Buescher. (MKR)
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| Filing 5 ATTORNEY LETTER by Clerk that Attorney Aidan C. Graybill has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 4 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 3 BRIEF in support of Motion for TRO and PI by Attorney Conly J. Schulte on behalf of Plaintiff Santee Sioux Nation.(Schulte, Conly) |
| Filing 2 MOTION for Temporary Restraining Order by Attorney Conly J. Schulte on behalf of Plaintiff Santee Sioux Nation.(Schulte, Conly) |
| Filing 1 COMPLAINT against Roselyn Tso, UNITED STATES INDIAN HEALTH SERVICE;, Xavier Becerra, United States Department of Health and Human Services, UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE, Timothy Gribben, The United States of America ( Filing fee $ 402, receipt number ANEDC-4984854), by Attorney Conly J. Schulte on behalf of Santee Sioux Nation (Attachments: #1 Exhibit A- Joint Venture Construction Program Agreement, #2 Exhibit B- Decl. of John H. Banks, #3 Exhibit C- September 25, 2012 Contracts Disputes Act Claim, #4 Exhibit D- May 18, 2016 Denial, #5 Exhibit E- August 2, 2016 Appeal, #6 Exhibit F- Settlement Agreement, #7 Exhibit G- November 16, 2016 letter from Bearheels to Trudell, #8 Exhibit H- Modification 33, #9 Exhibit I- 2017 Claim Letter from C. Diaz to R. Trudell, #10 Exhibit J- 20220914 Final Demand for Payment, #11 Exhibit K- September 14, 2022 email from the Tribe to HH, #12 Exhibit L-SSN HHS Collections matter, #13 Exhibit M-20221114 5.6MM, #14 Exhibit N- Claim No. 714220091, #15 Affidavit Declaration of Ben Fenner, #16 Affidavit Declaration of Jerry Noonan - signed, #17 Affidavit Declaration of Patty Marks, #18 Affidavit Declaration of Roger Trudell)(Schulte, Conly) |
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