Comanche Nation v. United States of America et al
| Comanche Nation |
| United States of America, Department of Interior, Gale A Norton and James Cason |
| Fort Sill Apache Tribe of Oklahoma |
| New Mexico State of and Bill Richardson |
| 5:2005cv00328 |
| March 23, 2005 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Stephen P Friot |
| Other Statutory Actions |
| 05 U.S.C. § 704 Labor Litigation |
| None |
Docket Report
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This docket was last retrieved on May 10, 2018. A more recent docket listing may be available from PACER.
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| Filing 146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/21/2009 before Judge Friot. Court Reporter: Tracy Washbourne, Telephone number 405-609-5505. Transcript of: Motion hearing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/8/2018. (tw, ) |
| Filing 145 Minute Order. Proceedings held before Honorable Stephen P. Friot: Motion Hearing held on 8/21/2009. #116 SECOND MOTION to Enforce Settlement Agreement filed by Fort Sill Apache Tribe of Oklahoma is DENIED. (Court Reporter Tracy Washbourne.) (llg) |
| Filing 144 ENTRY of Appearance by Paul G Bardacke on behalf of New Mexico State of, Bill Richardson (Bardacke, Paul) |
| Filing 143 ENTRY of Appearance by Kerry Kiernan on behalf of New Mexico State of, Bill Richardson (Kiernan, Kerry) |
| Filing 142 ENTRY of Appearance by C Shannon Bacon on behalf of New Mexico State of, Bill Richardson (Bacon, C) |
| Filing 141 MEMORANDUM in Opposition re #137 Brief of Amicus filed by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment Exh 1 NIGC to State Aug 4 2009, #2 Attachment Exh 2 Gov Press Release Feb 27 2008, #3 Attachment Exh 3 FSA to DOI Feb 14 2006)(Grellner, Richard) |
Filing 140
ORDER granting #139 Fort Sill Apache Tribe of Oklahoma's Motion for Leave to Respond to Amicus Brief Submitted by the State of New Mexico and Governor Bill Richardson. Signed by Honorable Stephen P. Friot on 8/19/09. (llg)
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| Filing 139 MEMORANDUM in Opposition re #137 Brief of Amicus filed by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment Memo in Response to Amicus Brief, #2 Exhibit Exh 1 NIGC to State Aug 4 2009, #3 Exhibit Exh 2 Press Release Feb 27 2008, #4 Exhibit Exh 3 FSA to DOI Feb 14 2006)(Grellner, Richard) |
| Filing 138 Receipt for Money Received from New Mexico State of in the amount of $150.00, receipt number OKW500003754 regarding #134 Order on Motion to Appear Pro Hac Vice (kr, ) |
| Filing 137 BRIEF IN SUPPORT (Amicus) by New Mexico State of, Bill Richardson. (Kane, Matthew) |
| Filing 136 ENTRY of Appearance by Jody H Schwarz on behalf of all defendants (Schwarz, Jody) |
| Filing 135 REPLY to Response to Motion re #116 SECOND MOTION to Enforce Settlement Agreement filed by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment DOI Solicitor to NIGC June 2008)(Grellner, Richard) |
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Filing 134
ORDER granting #131 Motion for Admission of Paul Bardacke as Counsel Pro Hac Vice; granting #132 Motion for Admission of Kerry Kiernan as Counsel Pro Hac Vice; granting #133 Motion for Admission of C Shannon Bacon as Counsel Pro Hac Vice, provided that Paul Bardacke, Kerry Kiernan & C Shannon Bacon submit their ECF registration forms & file entries of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 8/17/09. (llg)
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| Filing 133 MOTION for Leave to Appear Pro Hac Vice for C. Shannon Bacon by New Mexico State of, Bill Richardson. (Attachments: #1 Exhibit 1-Bacon Request for Admission)(Kane, Matthew) |
| Filing 132 MOTION for Leave to Appear Pro Hac Vice by New Mexico State of, Bill Richardson. (Attachments: #1 Exhibit 1-Kiernan Request for Admission)(Kane, Matthew) |
| Filing 131 MOTION for Leave to Appear Pro Hac Vice by New Mexico State of, Bill Richardson. (Attachments: #1 Exhibit 1-Bardacke Request for Admission)(Kane, Matthew) |
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Filing 130
ORDER granting #128 Motion of the State of New Mexico and Governor Bill Richardson for Leave to File Amicus Curiae Brief. Said amicus curiae brief shall be filed by 8/18/09. Signed by Honorable Stephen P. Friot on 8/17/09. (llg)
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| Filing 129 MEMORANDUM in Opposition re #128 MOTION for Leave to File Amicus Curiae Brief and Brief in Support Thereof filed by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment Motion to Dismiss for Sandia Casino & Resort)(Grellner, Richard) |
| Filing 128 MOTION for Leave to File Amicus Curiae Brief and Brief in Support Thereof by State of New Mexico, Bill Richardson. (Attachments: #1 Exhibit 1-Proposed Amicus Brief)(Kane, Matthew) |
| Filing 127 ENTRY of Appearance by Matthew C Kane on behalf of Bill Richardson (Kane, Matthew) |
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Filing 126
ORDER denying #123 Motion for Admission of Kerry Kiernan as Counsel Pro Hac Vice; denying #124 Motion for Admission of C Shannon Bacon as Counsel Pro Hac Vice; denying #125 Motion for Admission of Paul Bardacke as Counsel Pro Hac Vice. The ct finds the mtns to be premature as the State of New Mexico, for which counsel seek to be admitted pro hac vice to represent, is not a party to this action & it has not been granted leave to file an amicus brief with the ct. Signed by Honorable Stephen P. Friot on 8/13/09. (llg)
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| Filing 125 MOTION for Leave to Appear Pro Hac Vice for Paul G. Bardacke by State of New Mexico. (Attachments: #1 Exhibit 1 - Request for Admission)(Kane, Matthew) |
| Filing 124 MOTION for Leave to Appear Pro Hac Vice for C. Shannon Bacon by State of New Mexico. (Attachments: #1 Exhibit Request for Admission)(Kane, Matthew) |
| Filing 123 MOTION for Leave to Appear Pro Hac Vice for Kerry Kiernan by State of New Mexico. (Attachments: #1 Exhibit 1)(Kane, Matthew) |
| Filing 122 ENTRY of Appearance by Matthew C Kane on behalf of State of New Mexico (Kane, Matthew) |
| Filing 121 RESPONSE in Opposition re #116 SECOND MOTION to Enforce Settlement Agreement filed by United States of America, Department of Interior, Gale A Norton, James Cason. (Lennington, Daniel) |
| Filing 120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/07/08 before Judge Stephen P. Friot. Court Reporter: Tracy Washbourne, Telephone number 609-5505. Transcript of: Motions hearing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2009. Redacted Transcript Deadline set for 9/10/2009. Release of Transcript Restriction set for 11/9/2009. (tw, ) |
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Filing 119
ORDER granting #118 MOTION to Expedite Hearing on Second Motion for Enforcement filed by Fort Sill Apache Tribe of Oklahoma; setting hearing on #116 SECOND MOTION to Enforce Settlement Agreement: Motion Hearing set for 8/21/2009 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. Responses due by 8/12/2009. Any reply due by 8/17/2009. Signed by Honorable Stephen P. Friot on 8/3/09. (llg)
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| Filing 118 MOTION to Expedite Hearing on Second Motion for Enforcement by Fort Sill Apache Tribe of Oklahoma. (Grellner, Richard) |
| Filing 117 ENTRY of Appearance by Daniel P Lennington on behalf of United States of America, Department of Interior, Gale A Norton, James Cason (Lennington, Daniel) |
| Filing 116 SECOND MOTION to Enforce Settlement Agreement by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment DOI Solicitor Op Dec 2 2008, #2 Attachment Coleman Op May 19 2008, #3 Attachment Coleman Op Part 2, #4 Attachment NIGC Ltr April 1 2008, #5 Attachment FSA Response April 8 2009, #6 Attachment NOV July 21 2009, #7 Attachment Coleman Supp Op April 30 2009, #8 Attachment FSA v US, ICC Decision, #9 Attachment NIGC Press Release Aug 30 2005, #10 Attachment MOA January 2009)(Grellner, Richard) |
| NOTICE from the Court re #116 Fort Sill Apache Tribe of Oklahoma's SECOND MOTION for Enforcement of Agreement of Compromise and Settlement. Counsel for Fort Sill Apache Tribe of Oklahoma is DIRECTED, in future filings, to comply w/LCvR7.1(d) - "For all pleadings, motions, and briefs the print style, including footnotes, shall not be less than 13-point type...." Failure to comply in the future may result in filings being stricken. (llg) |
| TRANSCRIPT of Proceedings held on October 1, 2008 before Judge Stephen P. Friot. Court Reporter: Tracy Washbourne. Transcript of: Motion Hearing Volume: I of I (kw, ) |
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Filing 115
ORDER re #102 Supplemental Brief in Support of #84 MOTION for Enforcement of Agreement of Compromise and Settlement filed by Fort Sill Apache Tribe of Oklahoma. For the reasons set forth on the record at the 8/7/08 and 10/1/08 hrgs, the mtn is DENIED. However, the ct specifically finds that the Chiricahua Apache & Warm Springs Apache Tribes have not been recognized by the United States of America, the United States Department of the Interior, or any subordinate officer or agency thereof. Signed by Honorable Stephen P. Friot on 10/7/08. (llg)
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| Filing 114 Courtroom Minute Entry for proceedings held before Honorable Stephen P. Friot: Motion Hearing held on 10/1/2008. Cnsl for plaintiff did not appear. Court hears arguments of counsel. Matter taken under advisement. (Court Reporter Tracy Washbourne.) (ns, ) |
| Filing 113 NOTICE (other) by United States of America Notice of Material Change of Status (Mullins, Steven) |
| Filing 112 REPLY to Response to Motion re #84 FIRST MOTION to Enforce Agreement of Compromise and Settlement filed by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment NIGC Subpoena, #2 Attachment New Mexico Gaming Control Board)(Grellner, Richard) |
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Filing 111
ORDER granting #110 Consent Motion for Extension of Time to Reply to the United States' Opposition to Intervenor-Defendant's Motion for Enforcement of Agreement of Compromise and Settlement. Reply due by 9/26/2008. Signed by Honorable Stephen P. Friot on 9/23/08. (llg)
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| Filing 110 CONSENT MOTION for Extension of Time to File Response/Reply as to #108 Response in Opposition to Motion, by Fort Sill Apache Tribe of Oklahoma. (Grellner, Richard) |
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Filing 109
ORDER re #102 Supplemental Brief in Support of Motion by Fort Sill Apache Tribe of Oklahoma for Enforcement of Agreement of Compromise and Settlement. Hearing set for 10/1/2008 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 9/22/08. (llg)
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| Filing 108 RESPONSE in Opposition re #98 MOTION to Supplement Motion for Enforcement of Agreement of Compromise and Settlement, #84 FIRST MOTION to Enforce Agreement of Compromise and Settlement filed by United States of America, Department of Interior, Gale A Norton, James Cason. (Thompson, Eleanor) |
| Filing 107 Minute Order. Proceedings held before Honorable Stephen P. Friot: Motion Hearing held on 8/7/2008. #84 3/11/08 MOTION to Enforce Agreement of Compromise and Settlement filed by Fort Sill Apache Tribe of Oklahoma is DENIED as set forth on the record. Dfts are granted until 9/15/08 to respond to #102 7/31/08 Supplemental Brief in Support of Motion by Fort Sill Apache Tribe of Oklahoma for Enforcement of Agreement of Compromise and Settlement. (Court Reporter Tracy Washbourne.) (Attachments: #1 Fort Sill Apache Exhibit 1 - Memorandum of Understanding) (llg) |
| Filing 106 ENTRY of Appearance by Phillip E Thompson on behalf of Fort Sill Apache Tribe of Oklahoma (Thompson, Phillip) |
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Filing 105
ORDER granting #103 Application for Admission Pro Hac Vice. Phillip E Thompson is granted leave to appear pro hac vice on behalf of the Fort Sill Apache Tribe of Oklahoma, provided that he submits his ECF registration form & files an entry of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 8/6/08. (llg)
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| Filing 104 Receipt for Money Received from Richard J Grellner in the amount of $50.00, Receipt #129060 regarding #103 CONSENT MOTION for Leave to Appear Pro Hac Vice by Phillip E Thompson. (lb) |
| Filing 103 CONSENT MOTION for Leave to Appear Pro Hac Vice by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Attachment Request for Admission Pro Hac Vice (Phillip E. Thompson))(Grellner, Richard) |
| Filing 102 SUPPLEMENT re #100 Order on Motion to Supplement,, Supplemental Brief in Support of Motion for Enforcement of Agreement of Compromise and Settlement by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Exhibit NIGC Opinion (May 19, 2008) Part 1, #2 Exhibit NIGC Opinion (May 19, 2008) Part 2)(Grellner, Richard) |
| Filing 101 NOTICE (other) by Fort Sill Apache Tribe of Oklahoma re #100 Order on Motion to Supplement,, of Filing (Attachments: #1 Attachment NIGC Opinion (May 19, 2008) Part 1, #2 Attachment NIGC Opinion (May 19, 2008) Part 2)(Grellner, Richard) |
| Docket Annotation: At docket entry no. 101, Intervenor Dft Fort Sill Apache Tribe of Oklahoma has filed a "Notice" in response to the court's order of 7/30/2008. However, The Fort Sill Apache Tribe of Oklahoma was ordered to file its supplemental brief and to file as an exhibit to the supplemental brief, the 5/19/2008 Opinion. Therefore, docket entry no. 101 is STRICKEN. (lb) |
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Filing 100
ORDER granting #98 Motion for Leave to File Supplemental Brief in Support of Motion for Enforcement of Agreement of Compromise and Settlement. The Fort Sill Apache Tribe of Oklahoma is DIRECTED to file its supplemental brief assoon as practicable. The Tribe is also DIRECTED to file as an exhibit to the supplemental brief, the May 19, 2008 Opinion by NIGC Acting Counsel, which was referred by the Tribe in its motion (and proposed supplemental brief) but which was not attached to the motion as represented by the Tribe. Signed by Honorable Stephen P. Friot on 7/30/08. (lb)
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| Filing 99 CERTIFICATE OF SERVICE by Intervenor Defendant Fort Sill Apache Tribe of Oklahoma re #98 MOTION to Supplement Motion for Enforcement of Agreement of Compromise and Settlement (Grellner, Richard) |
| Filing 98 MOTION to Supplement Motion for Enforcement of Agreement of Compromise and Settlement by Fort Sill Apache Tribe of Oklahoma. (Attachments: #1 Exhibit Supplemental Brief in Support of Motion for Enforcement of Agreement of Compromise and Settlement)(Grellner, Richard) |
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Filing 97
ORDER Resetting Hearing on #84 MOTION by Fort Sill Apache Tribe of Oklahoma for Enforcement of Agreement of Compromise and Settlement: Motion Hearing reset for 8/7/2008 12:30 PM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 7/7/08. (llg)
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Filing 96
ORDER granting #95 Consent Motion by Fort Sill Apache Tribe of Oklahoma for Deferral of Hearing on #84 Motion for Enforcement of Agreement of Compromise and Settlement. Hearing is reset for 8/7/08 1:30 PM. Signed by Honorable Stephen P. Friot on 5/20/08. (llg)
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| Filing 95 CONSENT MOTION for Extension of Time for Hearing by Fort Sill Apache Tribe Of Oklahoma. (Attachments: #1 Attachment Proposed Order)(Racin, John) |
| Set/Reset Deadlines as to #84 mOTION to Enforce Agreement of Compromise and Settlement. Motion Hearing reset for 8/7/2008 01:30 PM in Courtroom #305 before Honorable Stephen P. Friot. (llg) |
| Filing 94 ENTRY of Appearance by Eleanor D Thompson on behalf of United States of America, Department of Interior, Gale A Norton, James Cason (Thompson, Eleanor) |
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Filing 93
ORDER Setting Hearing on #84 MOTION by Fort Sill Apache Tribe of Oklahoma to Enforce Agreement of Compromise and Settlement: Motion Hearing set for 5/21/2008 03:00 PM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 5/7/08. (llg)
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| Filing 92 RESPONSE to Motion re #84 FIRST MOTION to Enforce Agreement of Compromise and Settlement filed by Comanche Nation. (Norman, William) |
| Filing 91 RESPONSE to Motion re #84 FIRST MOTION to Enforce Agreement of Compromise and Settlement filed by United States of America, Department of Interior, Gale A Norton, James Cason. (Attachments: #1 Exhibit 1 - Declaration of George Skibine)(Copeland, Judy) |
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Filing 90
ORDER granting #89 Plaintiff's Unopposed Motion for Extension of Time to Respond to #84 Fort Sill Apache Tribe's MOTION to Enforce Agreement of Compromise and Settlement. Response due by 5/1/2008. Signed by Honorable Stephen P. Friot on 4/1/08. (llg)
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| Filing 89 UNOPPOSED MOTION for Extension of Time by Comanche Nation. (Norman, William) |
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Filing 88
ORDER granting #87 Defendants' Unopposed Motion for Extension of Time to Respond to #84 Fort Sill Apache Tribe's MOTION to Enforce Agreement of Compromise and Settlement. Response due by 5/1/2008. Signed by Honorable Stephen P. Friot on 3/31/08. (llg)
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| Filing 87 MOTION for Extension of Time to File Response/Reply as to #84 FIRST MOTION to Enforce Agreement of Compromise and Settlement by United States of America, Department of Interior, Gale A Norton, James Cason. (Copeland, Judy) |
| Filing 86 ENTRY of Appearance by Judy A Copeland on behalf of United States of America, Gale A Norton, James Cason (Copeland, Judy) |
| Filing 85 ENTRY of Appearance by Judy A Copeland on behalf of United States of America, Department of Interior, Gale A Norton, James Cason (Copeland, Judy) |
| Filing 84 FIRST MOTION to Enforce Agreement of Compromise and Settlement by Fort Sill Apache Tribe Of Oklahoma. (Attachments: #1 Attachment Memorandum of Points and Authorities, #2 Attachment Declaration of Jeff Houser, #3 Exhibit Exhibit 1 to Houser Declaration, #4 Attachment Exhibit 2 to Houser Declaration, #5 Attachment Exhibit 3 to Houser Declaration, #6 Attachment Exhibit 4 to Houser Declaration, #7 Attachment Sault Ste. Marie Tribe v. US, Report, #8 Attachment Sault Ste. Marie v. US, Order, #9 Attachment Proposed Order)(Racin, John) |
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Filing 83
ORDER FOR DISBURSEMENT. The clerk shall immediately issue a check drawn upon the deposits that Comanche Nation made to the registry of the ct & make such check payable to the order of "Comanche Nation" in the amount of $200,000.00, plus any accrued interest thereon, & deliver said funds to William Norman of Hobbs, Straus, Dean & Walker, LLP. Signed by Judge Stephen P. Friot on 3/9/07. (llg)
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Filing 82
ORDER APPROVING AGREEMENT OF COMPROMISE AND SETTLEMENT, granting #81 Joint Motion for Approval of Agreement of Compromise and Settlement. The ct retains jurisdiction to enforce the terms of the agreement against any party or parties. The ct orders disbursement by the ct clerk to effect the return to Comanche Nation of its entire security on deposit in the ct's registry together with any accrued interest thereon. Except as provided herein, this case is DISMISSED pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, each party to bear its own attorney fees and costs. Signed by Judge Stephen P. Friot on 3/9/07. (llg)
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| Filing 81 JOINT MOTION for Settlement Approval by all plaintiffs. (Attachments: #1 Attachment Agreement of Compromise and Settlement Recitals)(Norman, William) |
| Filing 80 MANDATE From USCA - Upon consideration of the stipulation to dismiss this appeal. It is ordered that the appeal DISMISSED #73 Notice of Appeal filed by Fort Sill Apache Tribe Of Oklahoma (dl, ) |
| Filing 79 TRANSCRIPT LETTER advising that the transcripts necessary are already on file re #73 Notice of Appeal filed by Fort Sill Apache Tribe Of Oklahoma,. The record is ready for appeal purposes. (dl, ) |
| Filing 78 TRANSCRIPT Order Form by Fort Sill Apache Tribe Of Oklahoma that transcripts are necessary. See order form for dates and proceedings. (Grellner, Richard) |
| Filing 77 NOTICE of Change of Address by Richard J Grellner (Grellner, Richard) |
| TRANSCRIPT of Proceedings held on May 27, 2005 before Judge Friot. Court Reporter: Tracy Washbourne. Transcript of: Hearing on Application of Preliminary Injunction (dl, ) |
| Filing 76 USCA Case Number 05-6241 for #73 Notice of Appeal filed by Fort Sill Apache Tribe Of Oklahoma,. (dl, ) |
| Filing 75 USCA Appeal Fee received in the amount of $ 255, receipt number 111575, re #73 Notice of Appeal filed by Fort Sill Apache Tribe Of Oklahoma, (dl, ) |
| Filing 74 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #73 Notice of Appeal (dl, ) |
| Filing 73 NOTICE OF APPEAL by Fort Sill Apache Tribe Of Oklahoma. (Racin, John) |
| TRANSCRIPT of Proceedings held on May 6, 2005 before Judge Friot. Court Reporter: Tracy Washbourne. Transcript of: Hearing on Issue of Security (dl, ) |
| Filing 71 NOTICE by Comanche Nation re #66 Order on Motion to Dismiss/Lack of Jurisdiction,, of Posting Security by Plaintiff (Norman, William) |
| Filing 72 Receipt for Money Received from Plaintiff Comanche Nation in the amount of $100,000.00, Receipt #110871 regarding #66 Order on Motion to Dismiss/Lack of Jurisdiction. (lb) |
| Filing 70 ANSWER to Complaint by United States of America.(Mullins, Steven) |
| Filing 69 NOTICE of Conventional Filing of Administrative Record by Steven K Mullins on behalf of United States of America (Mullins, Steven) |
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Filing 68
ORDER granting #67 Motion for Leave of Court for Conventional Filing of Administrative Record. Signed by Judge Stephen P. Friot on 6/7/05. (llg)
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| ADMINISTRATIVE RECORD (3 volumes) filed conventionally by United States of America re #69 Notice of Conventional Filing (kw, ) |
| Filing 67 MOTION for Leave to File Administrative Record by Conventional Filing by United States of America. (Mullins, Steven) |
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Filing 66
ORDER denying #34 United States' Motion to Dismiss, granting #8 Plaintiff's Motion for Preliminary Injunction Staying Agency Action Pending Review. Dfts are preliminarily restrained & enjoined, pndg further order of the ct, from publishing any notice of approval of the Class III gaming compact between the State of Oklahoma & the Fort Sill Apache Tribe of Oklahoma in the Federal Register. Plf shall provide security as set forth in this order, conditioned as set forth in Rule 65(c), in the sum set forth in this order, by 6/10/05. Signed by Judge Stephen P. Friot on 5/31/05. (llg)
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Filing 65
SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 6/21/2005 10:30 AM in Chambers before Honorable Lee R. West. Settlement conf stmt due by noon five days before the date of the conference. Signed by Judge Stephen P. Friot on 5/31/05. (llg)
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| TRANSCRIPT of Proceedings held on May 31, 2005 before Judge Friot. Court Reporter: Tracy Washbourne. Transcript of: Hearing of Issue of Security (dl, ) |
| Filing 64 Minute Entry for proceedings held before Judge Stephen P. Friot: Motion Hearing held on 5/27/2005 re #8 MOTION for Preliminary Injunction filed by Comanche Nation. Plf and Intervenor request a 45-day stay of publication and a ct-ordered settlement conf. Dfts do not concur. Ct will order a settlement conf and expects that decision-makers on behalf of all parties will attend. Review is held of the parties' exhibits, attached to Amended Joint Witness and Exhibit List for Preliminary Injunction Hearing. Ct directs that the proposed gaming compact be provided to the court this date. Ct hears arguments of counsel on preliminary injunction issue. (Court Reporter Tracy Washbourne.) (llg) |
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Filing 63
ORDER granting #8 Motion for Preliminary Injunction Staying Agency Action Pending Review. Dfts are preliminarily restrained and enjoined, pending the further order of this court, from publishing any notice of approval of the Class III gaming compact between the State of Oklahoma and the Fort Sill Apache Tribe of Oklahoma in the Federal Register. Plf shall provide security as set forth herein, conditioned as set forth in Rule 65(c), in the sum set forth herein, not later than 6/10/05. Signed by Judge Stephen P. Friot on 5/27/05. (lb)
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| Filing 62 NOTICE by Comanche Nation Notice of Exhibit Filing (Attachments: #1 Exhibit 1- FSA Tribal Gaming Compact and Resolution)(Burson, James) |
| Filing 61 Exhibit List / Witness List Addendum To Amended Joint Witness and Exhibit List by Plaintiff Comanche Nation. (Attachments: #1 Exhibit Exhibit #3 Memo from Deerinwater 06-30-98)(Burson, James) |
| Filing 59 ENTRY of Appearance by John P Racin on behalf of Fort Sill Apache Tribe Of Oklahoma (Racin, John) |
| Filing 58 ENTRY of Appearance by Tom Majors on behalf of United States of America, Department of Interior, Gale A Norton, James Cason (Attachments: #1 Attachment 1-ECF Notice)(Majors, Tom) |
| Filing 60 Receipt for Money Received from Robert E. Prince Inc, Receipt #110622 in the amount of $50.00 regarding #53 MOTION for Leave to Appear Pro Hac Vice by John Racin. (lb) |
| Filing 57 Exhibit List Amended Joint List for Preliminary Injunction Hearing by Plaintiff Comanche Nation. (Attachments: #1 Exhibit FSA1 - Yackeyonny Declaration#2 Exhibit FSA2 - Comanche Constitution#3 Exhibit FSA4 - Ct of Ind Offenses Opinion#4 Exhibit FSA5 - Ct. of Ind. Offenses Concur Opinion#5 Exhibit COM1 - Nauni Declaration#6 Exhibit COM2 - Cizek Declaration#7 Exhibit COM3 - DOI Decision#8 Exhibit COM4 - M Anderson Ltr)(Burson, James) |
| Filing 56 AMENDED DOCUMENT by Comanche Nation. Amendment to #52 Witness List Amended Joint Witness and Exhibit List for Preliminary Injunction Hearing. (Burson, James) |
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Filing 54
ORDER granting #53 Application for Admission Pro Hac Vice. John Racin is granted permission to appear as counsel for Intervenor pro hac vice pursuant to LCvR 83.2(g), provided that John Racin submits his ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Judge Stephen P. Friot on 5/26/05. (llg)
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| Filing 55 Receipt for Money Received from Plaintiff Comanche Nation in the amount of $50,000.00, Receipt #110589 regarding #47 Order on Motion for TRO. (lb) |
| Filing 53 MOTION for Leave to Appear Pro Hac Vice by Fort Sill Apache Tribe Of Oklahoma. (Attachments: #1 Attachment Request for Admission Pro Hac Vice)(Prince, Robert) |
| Filing 52 Witness List Joint for May 27, 2005 by Plaintiff Comanche Nation. (Burson, James) |
| Filing 51 ENTRY of Appearance by Richard J Grellner on behalf of Fort Sill Apache Tribe Of Oklahoma (Grellner, Richard) |
| Filing 50 ENTRY of Appearance by Robert E Prince on behalf of Fort Sill Apache Tribe Of Oklahoma (Prince, Robert) |
| Docket Annotation: At docket entry no. 50, attorney Robert E. Prince has filed an entry of appearance, purportedly on behalf of himself and on behalf of attorney Richard J. Grellner. The court's ECF system will not allow an appearance to be filed on behalf of multiple attorneys. Therefore, the court deems said appearance to be an appearance only on behalf of Robert E. Prince. If attorney Richard J. Grellner wishes to enter an appearance on behalf of Fort Sill Apache Tribe of Oklahoma, he must enter his appearance using his own ECF login and password. Only then will Richard J. Grellner be deemed to have appeared in this case. (llg) |
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Filing 49
ORDER for Final Hearing on #8 MOTION for Preliminary Injunction: Motion Hearing set for 5/27/2005 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. At said hrg, plf & dfts shall be permitted to present any additional, non-repetitious evidence they may wish to present in support of or in opposition to the granting of preliminary injunctive relief. In addition, FSA shall have the opportunity to present non-repetitious evidence. In the interest of avoiding repetitious presentation of evidence, the ct expects that counsel for FSA will undertake to familiarize themselves with the evidence that has previously been presented in this case. Signed by Judge Stephen P. Friot on 5/20/05. (llg) Modified on 5/20/2005 (llg).
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Filing 48
ORDER granting #40 Motion by Fort Sill Apache Tribe of Oklahoma for Leave to Intervene as Party-Defendant. Fort Sill Apache Tribe of Oklahoma is permitted to intervene in this action, pursuant to FRCivP 24(b), as a party-dft. The Answer and Affirmative Defenses of Intervenor Fort Sill Apache Tribe of Oklahoma, filed 5/12/05, shall stand as the FSA Tribe's answer, & the ct will call for no further response by the FSA Tribe to plf's Complaint for Injunctive and Declaratory Relief and Costs filed 3/23/05. Signed by Judge Stephen P. Friot on 5/20/05. (llg)
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Filing 47
ORDER regarding #8 Comanche Nation's Motion for TRO and Preliminary Injunction. The TRO entered on 5/6/05, restraining dfts from publishing any notice of approval of the class III gaming compact between the State of Oklahoma & the Fort Sill Apache Tribe of Oklahoma in the Federal Register, is extended for an additional 10 days, or until 6/6/05. Plf shall provide additional security in the sum of $50,000. Signed by Judge Stephen P. Friot on 5/20/05. (llg)
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| Filing 46 RESPONSE to Motion re #40 MOTION to Intervene as Party-Defendant By Fort Sill Apache Tribe filed by Comanche Nation. (Norman, William) |
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Filing 45
ORDER. The parties are notified that the ct considers the computation of the 10-day time period prescribed in Rule 65(b), FRCivP, for temporary restraining orders to be governed by Rule 6(a), FRCivP, Flying Cross Check LLC v Central Hockey League Inc, 153 F.Supp.2d 1253, 1258 (D. Kan. 2001) and cases therein cited. The ct will not address any extension of the 10-day period until 5/20/05. Signed by Judge Stephen P. Friot on 5/16/05. (llg)
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| Filing 44 RESPONSE to Motion re #34 FIRST MOTION to Dismiss for Lack of Jurisdiction filed by Comanche Nation. (Norman, William) |
| Filing 42 ENTRY of Appearance by Edmund Clay Goodman on behalf of Comanche Nation (Goodman, Edmund) |
| Filing 41 ANSWER to Complaint and Affirmative Defenses by Fort Sill Apache Tribe Of Oklahoma.(Prince, Robert) |
| Filing 40 MOTION to Intervene by Fort Sill Apache Tribe Of Oklahoma. (Prince, Robert) |
| Filing 43 Receipt for Money Received from Plaintiff Comanche Nation in the amount of $50,000.00, Receipt #110366 regarding #38 Order. (lb) |
| Filing 39 NOTICE by Comanche Nation re #38 Order on Motion for TRO,,, of Posting Security (Norman, William) |
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Filing 38
ORDER following hearing on #8 Comanche Nation's Motion for Temporary Restraining Order and Preliminary Injunction Staying Agency Pending Review. Dfts are restrained from publishing any notice of approval of the Class III gaming compact between the State of Oklahoma and the Fort Sill Apache Tribe of Oklahoma in the Federal Register. The restraint of this order shall remain in full force and effect for 10 days from this date as provided by FRCivP 65(b). At the end of 10 days, the ct will determine whether good cause exists for an extension for a like period and shall set forth in writing its reasons for the extension. Plf shall provide security as set forth herein, conditioned as set forth in Rule 65(c), in the sum of $50,000. A hrg on plf's preliminary injunction mtn will be scheduled at a later date. Signed by Judge Stephen P. Friot on 5/6/05. (llg)
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| Filing 37 Minute Entry for proceedings held before Judge Stephen P. Friot: Motion Hearing held on 5/6/2005. Due to govt's late filing of a mtn to dismiss as to the merits of the case, ct will not rule on preliminary injunction issue at this time. Ct finds that merits preponderate in favor of plf. Ct grants [8-1] Plf's MOTION for Temporary Restraining Order. #22 Stipulated Order will remain in effect for 10 days from this date. Ct hears evidence & arguments re issue of amt of security. Ct takes issue of amt of security under advisement. Plf is directed to respond to #34 United States' Motion to Dismiss by 5/13/05. (Court Reporter Tracy Washbourne.) (llg) |
| Filing 36 ENTRY of Appearance by William R Norman, Jr on behalf of Comanche Nation (Norman, William) |
| Filing 35 STIPULATION re #20 Terminate Hearings,, Order,, Set Hearings, Stipulated Facts and Exhibits by Comanche Nation. (Norman, William) |
| Docket Annotation: At docket entry no. 36, attorney William Norman has attempted to file an entry of appearance on behalf of attorney Edmund Goodman. The ECF system does not permit this. Mr. Goodman must file his entry of appearance using his own ECF login and password. The appearance at docket entry no. 36 is hereby STRICKEN. (llg) |
| Set/Reset Deadlines as to #34 FIRST MOTION to Dismiss for Lack of Jurisdiction. Response due by 5/13/2005. (llg) |
| Filing 34 FIRST MOTION to Dismiss for Lack of Jurisdiction by United States of America. (Mullins, Steven) |
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Filing 33
ORDER denying #32 Plaintiff's Motion in Limine to Exclude Proposed Witness Testimony. Signed by Judge Stephen P. Friot on 5/3/05. (llg)
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| Filing 32 MOTION in Limine To Exclude Proposed Witness Testimony and Brief in Support by Comanche Nation. (Burson, James) |
| Filing 31 Exhibit List / Witness List For Preliminary Injunction Hearing by Plaintiff Comanche Nation. (Burson, James) |
| Filing 30 Exhibit List / Witness List For Preliminary Injunction by Defendant United States of America. (Mullins, Steven) |
| Filing 29 Exhibit List Notice of Amended Exhibit Filing by Plaintiff Comanche Nation. (Attachments: #1 Exhibit Exhibit #15-Excerpt of Act March 3, 1891#2 Exhibit Exhibit #16-Excerpt of Act June 6, 1900#3 Exhibit Exhibit #17-FSA v USA Order 4-15-04)(Burson, James) |
| Docket Annotation: At docket entry no. 28, plaintiff has filed its Reply to Defendant's Response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. The exhibits to said reply contain highlighting that makes the text illegible when the document is printed. Plaintiff is hereby DIRECTED to refile the exhibits to its reply, without highlighting. (llg) |
| Filing 28 REPLY to Response to Motion re #8 EMERGENCY MOTION for Temporary Restraining Order Staying Agency Action Pending Review filed by Comanche Nation. (Attachments: #1 Exhibit #15 - Excerpt to Act of Mar 3, 1891#2 Exhibit Exhibit 16 - Excerpt of Act June 6, 1900#3 Exhibit Exhibit #17 - FSA v USA Order 4-15-04)(Burson, James) |
| Filing 27 Receipt for Money Received from Hobbs Straus Dean Walker, Receipt #110126 in the amount of $50.00 regarding #25 UNOPPOSED MOTION for Leave to Appear Pro Hac Vice for Edmund C. Goodman. (lb) |
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Filing 26
ORDER granting #25 Application for Admission Pro Hac Vice. Edmond C. Goodman is granted permission to appear as counsel for Plaintiff pro hac vice pursuant to LCvR 83.2(g), provided that Edmond C. Goodman submits his ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Judge Stephen P. Friot on 4/26/05. (llg)
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| Filing 25 UNOPPOSED MOTION for Leave to Appear Pro Hac Vice for Edmund C. Goodman by Comanche Nation. (Attachments: #1 Attachment Request for Admission Pro Hac Vice)(Burson, James) |
| Filing 24 RESPONSE to Motion re #8 EMERGENCY MOTION for Temporary Restraining Order Staying Agency Action filed by United States of America. (Mullins, Steven) |
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Filing 23
SCHEDULING ORDER. Dfts' response to #8 Plf's MOTION for Temporary Restraining Order and Preliminary Injunction Staying Agency Action due 4/18/2005; Plf's reply due 4/27/05; Witness & exhibit lists due 4/29/05; Hearing on Motion for TRO and Preliminary Injunction set for 5/6/2005 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. Dfts' answer/responsive pldg to APA complaint due 5/30/2005 (dfts shall file admin record w/responsive pldg); Plf's reply to dfts' responsive pldg (if appropriate) & APA brief due 6/20/05; Dfts' reply brief (responsive pldg) & APA brief due 7/11/05; Plf's APA reply brief due 7/25/05. Entered at the direction of Judge Stephen P. Friot on 4/11/05. (llg)
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Filing 22
STIPULATED ORDER. Dfts shall NOT publish in the Federal Register any notice of approval or deemed approval of a class III gaming compact between State of Oklahoma and Fort Sill Apache Tribe of Oklahoma before 5/9/05. The ct will schedule a hrg on #8 Plaintiff's Preliminary Injunction Staying Agency Action Pending Review on or before 5/6/05. Signed by Judge Stephen P. Friot on 4/7/05. (llg)
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| Filing 21 ENTRY of Appearance by Steven K Mullins on behalf of all defendants (Mullins, Steven) |
| Filing 20 ENTER ORDER striking 4/7/05 hearing on #8 MOTION for Temporary Restraining Order and Preliminary Injunction Staying Agency Action filed by Comanche Nation. Scheduling Conference set for 4/8/2005 01:30 PM in Chambers before Honorable Stephen P. Friot. Entered at the direction of Judge Stephen P. Friot on 4/7/05. (llg) |
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Filing 19
STIPULATED ORDER Setting Hearing on Motion #8 Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunction Staying Agency Action Pending Review: Motion Hearing set for 4/7/2005 02:00 PM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 4/4/05. (llg)
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Filing 18
ORDER granting #13 Plaintiff's Motion to File a Supplemental Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiff is granted leave to file a 2-page supplemental brief with one attachment in support of #8 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction Staying Agency Action Pending Review. Signed by Judge Stephen P. Friot on 4/1/05. (llg)
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| Filing 17 SUMMONS Returned Executed by Comanche Nation. James Cason served on 4/1/2005, answer due 5/31/2005. (Norman, William) |
| Filing 16 SUMMONS Returned Executed by Comanche Nation. United States of America served on 4/1/2005, answer due 5/31/2005. (Norman, William) |
| Filing 15 SUMMONS Returned Executed by Comanche Nation. Gale A Norton served on 4/1/2005, answer due 5/31/2005. (Norman, William) |
| Filing 14 BRIEF IN SUPPORT re #13 UNOPPOSED MOTION to Supplement TRO Brief by Comanche Nation. (Attachments: #1 Exhibit 1-TRO Ft Sill v USA filed 3.30.04)(Norman, William) |
| Filing 13 UNOPPOSED MOTION to Supplement TRO Brief by Comanche Nation. (Norman, William) |
| Filing 12 ACKNOWLEDGEMENT OF SERVICE Executed as to #1 Complaint U.S. Attorney McCampbell Acknowledgement filed by Plaintiff Comanche Nation. (Norman, William) |
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Filing 11
ORDER regarding #8 Motion for Temporary Restraining Order and Preliminary Injunction Staying Agency Action Pending Review. Under the circumstances presented by the papers before the court, the court declines to enter a temporary restraining order on an ex parte basis. The court is prepared to schedule a prompt hearing. However, the scheduling of a hearing will be depend, in part, on the status and timing of service of the summons and complaint (which the court notes were filed more than one week ago) on the required service recipients. Plaintiff is DIRECTED forthwith to file returns of service of the summons and complaint, which returns shall accurately reflect the dates and times of service, and the recipients of service. Signed by Judge Stephen P. Friot on 4/1/05. (llg)
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| Filing 10 AMENDED DOCUMENT by Comanche Nation. Amendment to #8 EMERGENCY MOTION for Temporary Restraining Order Staying Agency Action, #9 Brief, Certificate of Service. (Norman, William) |
| Filing 9 BRIEF IN SUPPORT re #8 EMERGENCY MOTION for Temporary Restraining Order Staying Agency Action by Comanche Nation. (Attachments: #1 Exhibit #2 Exhibit Exhibit 2#3 #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit)(Norman, William) |
| Filing 8 EMERGENCY MOTION for Temporary Restraining Order Staying Agency Action by Comanche Nation. (Norman, William) |
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Filing 7
ORDER re requests for preliminary injunctive relief included in #1 Complaint filed by Comanche Nation. The ct advises plf that such requests will not be taken up by the ct, & that no prelim inj hrg will be granted, by virtue of the filing of the complaint alone. If plf intends to press such request, plf is required to comply with Rule 65, FRCivP. If plf files a mtn for prelimin inj & seeks a hrg for such mtn, that request shall be set out in the mtn. Dfts shall be entitled to respond to the mtn after service of the mtn & all suit papers. The ct will then set the matter for hrg, if appropriate. Signed by Judge Stephen P. Friot on 3/25/05. (llg)
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| Filing 6 Receipt for Money Received from Hobbs Straus Dean & Walker, Receipt #109602 in the amount of $250.00 regarding #1 Complaint. (lb) |
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Filing 5
GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by all district judges on 4/15/04. (lb)
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| Filing 4 PRAECIPE for and issued 5 Summonses by Plaintiff Comanche Nation Oklahoma. Summons Issued as to United States of America, Department of Interior, Gale A Norton, James Cason and US Attorney for the Western District of Oklahoma. (lb) |
| Filing 3 ENTRY OF APPEARANCE by James M Burson on behalf of Plaintiff Comanche Nation Oklahoma. (lb) |
| Filing 2 ENTRY OF APPEARANCE by William R Norman, Jr on behalf of Plaintiff Comanche Nation Oklahoma. (lb) |
| Filing 1 COMPLAINT for Injunctive and Declaratory Relief and Costs.(Attachments: #1 Civil Cover Sheet)(lb) |
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