Noem et al v. Haaland et al
| South Dakota and Governor Kristi Noem |
| Deb Haaland, Herbert Frost, Shawn Benge and Shannon A. Estenoz |
| Steve Vance and Cheyenne River Sioux Tribe |
| State of Kansas |
| 3:2021cv03009 |
| April 30, 2021 |
| US District Court for the District of South Dakota |
| Roberto A Lange |
| Other Statutes: Administrative Procedures Act/ Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.
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Filing 54
OPINION AND ORDER denying #3 Motion for Preliminary Injunction. Signed by Chief Judge Roberto A. Lange on 6/2/2021. (CLR)
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Filing 53
ORDER granting #48 Motion for Admission Pro Hac Vice of Attorney Brant M. Laue for State of Kansas. Signed by Chief Judge Roberto A. Lange on 05/26/2021. (LH)
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Filing 52
ORDER granting #45 Motion for Admission Pro Hac Vice of Attorney James F. Hasson for Kristi Noem, and for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/26/2021. (LH)
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| Filing 51 BRIEF by Amicus State of Kansas (Moore, James) |
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Filing 50
ORDER granting #47 Motion for Leave to File Amicus Curiae Brief. Signed by Chief Judge Roberto A. Lange on 5/24/2021. (CLR)
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| Filing 49 REPLY to Motion Response re #3 MOTION for Preliminary Injunction filed by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 48 MOTION for Attorney Brant M. Laue to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3550602) by State of Kansas. (Moore, James) |
| Filing 47 MOTION for Leave to TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS by State of Kansas. (Attachments: #1 Attachment Brief of Amici Curiae of Kansas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and West Virginia in Support of Plaintiffs) (Moore, James) |
| Filing 46 NOTICE of Appearance by James E. Moore on behalf of State of Kansas. (Moore, James) |
| Filing 45 MOTION for Attorney James F. Hasson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3550237) by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 44 ANSWER to #1 Complaint by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) |
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Filing 43
ORDER granting in part #30 Motion to Intervene. Signed by Chief Judge Roberto A. Lange on 5/20/2021. (CLR)
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Filing 42
ORDER granting #36 Defendants' Motion to Seal. Signed by Chief Judge Roberto A. Lange on 5/19/2021. (CLR)
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Filing 41
ORDER granting #28 Motion for Admission Pro Hac Vice of Attorney Amber E. Holland for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
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Filing 40
ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Calandra S. McCool for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
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Filing 39
ORDER granting #26 Motion for Admission Pro Hac Vice of Attorney Rose M. Weckenmann for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
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Filing 38
ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Nicole E. Ducheneaux for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
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| Filing 37 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction {Proposed Opposition] filed by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) |
| Filing 36 MOTION to Seal Document by Shawn Benge, Shannon A. Estenoz, Herbert Frost, Deb Haaland. (Attachments: #1 sealed attachment, #2 proposed order) (TAL) |
| Filing 35 DECLARATION of HERBERT C. FROST re #34 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit 1 - 2020 EA, #2 Exhibit 2 - 1/15/20 Tribal Consult. Mtg., #3 Exhibit 3 - 2/20/20/Tribal Consult. Mtg., #4 Exhibit 4 - 2/21/20 Tribal Consult Mtg., #5 Exhibit 5 - 1/2/20 Lower Brule Sioux Tribe Ltr., #6 Exhibit 6 - 2/7/20 Yankton Sioux Tribe Ltr., #7 Exhibit 7 - 5/19/20 Standing Rock Sioux Tribe Ltr., #8 Exhibit 8 - 6/24/20 Rosebud Sioux Tribe Ltr., #9 Exhibit 9 - 3/8/21 COVID-19 Health Updates, #10 Exhibit 10 - 7/3/20 Event Photo, #11 Exhibit 11 - Perchlorate Test Results, #12 Exhibit 12 - Resource Order, #13 Exhibit 13 - 3/1/21 Fire Outlook, #14 Exhibit 14 - 2020 Permit) (Ryan, Diana) (Attachment 12 replaced on 5/19/2021) (CLR). |
| Filing 34 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction filed by All Defendants. (Ryan, Diana) |
| Filing 33 REPLY to Motion Response re #30 MOTION to Intervene filed by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) |
| Filing 32 MEMORANDUM in Opposition re #30 MOTION to Intervene filed by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Intervene filed by Cheyenne River Sioux Tribe, Steve Vance. (Attachments: #1 Attachment Declaration of Steve Vance) (Charging-Davison, Leonika) |
| Filing 30 MOTION to Intervene by Cheyenne River Sioux Tribe, Steve Vance. (Attachments: #1 Proposed Order [Proposed] Order, #2 Attachment [Proposed] Answer) (Charging-Davison, Leonika) |
| Filing 29 FILED IN ERROR - MOTION to Intervene by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) Modified on 5/14/2021 (SKK). |
| Filing 28 MOTION for Attorney Amber E. Holland to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545214) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) |
| Filing 27 MOTION for Attorney Calandra S. McCool to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545213) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) Modified on 5/14/2021 to add name of attorney (SKK). |
| Filing 26 MOTION for Attorney Rose M. Weckenmann to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545212) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) |
| Filing 25 MOTION for Attorney Nicole E. Ducheneaux to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545211) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) |
| Filing 24 NOTICE of Appearance by Leonika Rose Charging-Davison on behalf of Steve Vance, Cheyenne River Sioux Tribe. (Charging-Davison, Leonika) |
| Filing 23 ANSWER to #1 Complaint by All Defendants. (Ryan, Diana) |
| NOTICE of Filing Error: #29 Motion to Intervene was filed in error and should be disregarded. (Charging-Davison, Leonika) |
| Filing 22 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Shannon A. Estenoz, in her official capacity as Principal Deputy Assistant Secretary of the Interior for Fish and Wildlife and Parks on 05/05/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 21 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Shawn Benge, in his official capacity as acting Director and Deputy Director of Operations of the National Park Service on 05/05/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 20 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Deb Haaland, in her official capacity as United States Secretary of the Interior on 05/05/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 19 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Merrick Garland, Attorney General of the United States on 05/03/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie) |
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Filing 18
ORDER granting #8 Motion to Expedite. Signed by Chief Judge Roberto A. Lange on 5/6/2021. (CLR) Modified on 5/6/2021 delivered to AUSA Maher via email (CLR).
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| Filing 17 RESPONSE to Motion re #8 MOTION to Expedite Briefing Schedule For Plaintiffs Motion For Preliminary Injunction (Defendants' Objection) filed by All Defendants. (Ryan, Diana) |
| Filing 16 NOTICE of Appearance by Diana J. Ryan on behalf of All Defendants. (Ryan, Diana) |
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Filing 15
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Bryan K. Weir for Kristi Noem,Bryan K. Weir for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/05/2021. (LH)
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Filing 14
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Jeffrey M. Harris for Kristi Noem,Jeffrey M. Harris for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/05/2021. (LH)
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Filing 13
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Mark Miller for Kristi Noem,Mark Miller for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/05/2021. (LH)
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| Filing 12 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Acting United States Attorney for the District of South Dakota Dennis Holmes on 04/30/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 11 MOTION for Attorney Bryan K. Weir to be Admitted Pro Hac Vice (includes a request to waive the fee) by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 10 MOTION for Attorney Jeffrey M. Harris to be Admitted Pro Hac Vice (includes a request to waive the fee) by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 9 MOTION for Attorney Mark Miller to be Admitted Pro Hac Vice (includes a request to waive the fee) by Kristi Noem, South Dakota. (Hruska, Katie) |
| NOTICE of Filing Error: #7 Motion for Admission Pro Hac Vice, #6 Motion for Admission Pro Hac Vice, #5 Motion for Admission Pro Hac Vice was filed in error and should be disregarded. (Hruska, Katie) |
| Filing 8 MOTION to Expedite Briefing Schedule For Plaintiffs Motion For Preliminary Injunction by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 7 FILED IN ERROR - MOTION for Attorney Bryan K. Weir to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3536627) by Kristi Noem, South Dakota. (Hruska, Katie) Modified on 5/4/2021 (SKK). |
| Filing 6 FILED IN ERROR - MOTION for Attorney Jeffrey M. Harris to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3536622) by Kristi Noem, South Dakota. (Hruska, Katie) Modified on 5/4/2021 (SKK). |
| Filing 5 FILED IN ERROR - MOTION for Attorney Mark Miller to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3536574) by Kristi Noem, South Dakota. (Hruska, Katie) Modified on 5/4/2021 (SKK). |
| Filing 4 Summons Issued as to USA. Summmons(es), AO 85, and Rule 73 Memo delivered to plaintiff's counsel via electronic delivery to plaintiffs attorney. (Attachments: #1 Summons Haaland, #2 Summons Benge, #3 Summons Estenoz, #4 Summons Frost, #5 AO 85)(SKK) |
| Filing 3 MOTION for Preliminary Injunction by Kristi Noem, South Dakota. (Attachments: #1 Memorandum of Law in Support of Motion for Preliminary Injunction, #2 Declaration of Katie Hruska, #3 Declaration of Kennedy Noem, #4 Declaration of James Hagen, #5 Proposed Order) (Hruska, Katie) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS(ES) by Kristi Noem, South Dakota. (Hruska, Katie) |
| Filing 1 COMPLAINT, $402 fee paid, receipt# ASDDC-3534610, in shell case on 4/30/2021 filed by Kristi Noem, South Dakota on 4/30/2021. (SLT) |
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