Brackeen et al v. Zinke et al Featured Case

A lawsuit which seeks to invalidate the Indian Child Welfare Act (ICWA).

Plaintiff: Chad Everet Brackeen, Jennifer Kay Brackeen and State of Texas
Defendant: Ryan Zinke, Bryan Rice, Michael Black, Bureau of Indian Affairs and United States Department of the Interior
Case Number: 4:2017cv00868
Filed: October 25, 2017
Court: US District Court for the Northern District of Texas
Office: Fort Worth Office
County: Anderson
Presiding Judge: Reed C. O'Connor
Nature of Suit: Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05:702 Administrative Procedure Act
Jury Demanded By: None

Docket Report

This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Krystal Brunner Swendsboe for Amicus Curiae Christian Alliance for Indian Child Welfare in 18-11479. Access to the EROA has been granted. (tle)
February 8, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Timothy Mason Sandefur for Amicus Curiae Cato Institute in 18-11479, Attorney Timothy Mason Sandefur for Amicus Curiae Goldwater Institute in 18-11479, by Attorney(s) Timothy Mason Sandefur for party(s) Amicus Curiae American Academy of Adoption Attorneys Amicus Curiae Texas Public Policy Foundation, in case 18-11479. Access to the EROA has been granted. (tle)
February 8, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Matthew L. Fletcher for Amicus Curiae Charles Wilkinson in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Rebecca Tsosie in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Michalyn Steele in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Maylinn Smith in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Alex Skibine in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Addie C Rolnick in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Angela Riley in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Sarah Krakoff in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Lorie Graham in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Carole Goldberg in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Matthew L. Fletcher in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Kristen Carpenter in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Bethany Berger in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Barbara A. Atwood in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Robert T. Anderson in 18-11479. Access to the EROA has been granted. (tle)
February 6, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Paul Spruhan for party(s) Intervenor Navajo Nation, in case 18-11479, by Attorney Colleen Sinzdak for Intervenor Navajo Nation in 18-11479. Access to the EROA has been granted. (tle)
February 6, 2019 APPEARANCE FORM FILED at USCA5 by Attorney William Consovoy for Amicus Curiae The Project on Fair Representation in 18-11479. Access to the EROA has been granted. (tle)
February 6, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Benjamin Michael Flowers for Amicus Curiae State of Ohio in 18-11479. Access to the EROA has been granted. (tle)
February 6, 2019 Opinion or Order Filing 205 ORDER of USCA No. 18-11479 as to 190 Notice of Appeal, filed by Alex Azar, Bryan Rice, United States Department of the Interior, United States of America, Michael Black, Ryan Zinke, United States Department of Health and Human Services, Bureau of Indian Affairs, 187 Notice of Appeal, filed by Quinault Indian Nation, Cherokee Nation, Oneida Nation, Morongo Band of Mission Indians. IT IS ORDERED that the appellants unopposed motion for additional argument time totaling 30 minutes per side is GRANTED. Entered at the direction of the court. (Attachments: # 1 USCA Cover Letter) (tle)
February 1, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Klint Cowan for party(s) Amicus Curiae United Keetoowah Band of Cherokee Indians in Oklahoma, in case 18-11479, changing Attorney Bryan N. B. King to co-counsel for Amicus Curiae United Keetoowah Band of Cherokee Indians in Oklahoma in 18-11479 [18-11479]Please make any necessary updates to the attorney(s). Access to the EROA has been granted. (tle)
February 1, 2019 Filing 204 U.S. Court of Appeals Fifth Circuit Letter of Advisement No. 18-11479. In light of Mr. Ryan Zinke being replaced by David Bernhardt, Acting Secretary, U.S. Department of the Interior, please use the attached caption for all future filings in this appeal.[Revised]. (tle)
January 30, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Colleen Sinzdak ; Attorney(s) Catherine E. Bratic ; Attorney(s) Thomas Schmidt; Attorney(s) Maria Wyckoff Boyce for Intervenor Navajo Nation in 18-11479 . Access to the EROA has been granted. (tle)
January 30, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Hyland Hunt for party(s) Amicus Curiae Casey Family Programs and 30 Other Organizations Working with Children, Families, and Courts to Support Children's Welfare, in case 18-11479. Access to the EROA has been granted. (tle)
January 30, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Bryan N. B. King for Amicus Curiae United Keetoowah Band of Cherokee Indians in Oklahoma in 18-11479 [18-11479]Access to the EROA has been granted. (tle)
January 30, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Kerry Kay Patterson, Attorney(s) Racheal M. White Hawk for party(s) Amicus Curiae Native American Women and Indian Tribes and Organizations, in case 18-11479. Access to the EROA has been granted. (tle)
January 28, 2019 Filing 203 U.S. Court of Appeals Fifth Circuit Letter of Advisement: No. 18-11479. In light of Mr. Ryan Zinke being replaced by David Bernhardt, Acting Secretary, U.S. Department of the Interior, please use the attached caption for all future filings in this appeal. (tle)
January 28, 2019 Opinion or Order Filing 202 ORDER of USCA No. 18-11479 as to 187 , 190 Notice of Appeal. IT IS ORDERED that the opposed motion of Navajo Nation to intervene in support of the appellants is GRANTED...IT IS FURTHER ORDERED that the alternative opposed motion of Navajo Nation for leave to file amicus brief if motion to intervene is denied is DENIED as moot...IT IS FURTHER ORDERED that the alternative opposed motion of Navajo Nation to file amicus brief in excess of word count limitation but not to exceed 11,069 words is DENIED as moot...IT IS FURTHER ORDERED that the motion of United Keetowah Band of Cherokee Indians in Oklahoma for leave to file amicus brief is GRANTED. (tle)
January 28, 2019 Filing 201 U.S. Court of Appeals Fifth Circuit Letter of Advisement: No. 18-11479. A revised copy of the caption is enclosed for future filings showing substituted party U.S. Department of the Interior. (tle)
January 22, 2019 APPEARANCE FORM FILED at USCA5 by: Attorney Erin C. Dougherty Lynch, Attorney Samuel Daughety, Attorney Daniel Lewerenz, Attorney(s) Rose N. Petoskey & Attorney Samuel E. Kohn for Amicus Curiae 325 Federally Recognized Tribes, Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association, and Other Indian Organizations in 18-11479. Access to the EROA has been granted. (tle)
January 22, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Danielle Mary Spinelli & Attorney Alan E. Schoenfeld for Amicus Curiae Members of Congress in 18-11479. Access to the EROA has been granted. (tle)
January 22, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Kendra J. Hall for Amicus Curiae Native American Women and Indian Tribes and Organizations in 18-11479. Access to the EROA has been granted. (tle)
January 22, 2019 APPEARANCE FORM FILED at USCA5 by Attorney David Steven Coale for Amicus Curiae Administrative Law and Constitutional Law Scholars in 18-11479. Access to the EROA has been granted. (tle)
January 17, 2019 Filing 200 United States District Court Fifth Circuit Letter of Advisement: The parties are advised that anyone wishing to file an opposition to the Navajo Nations motion to intervene or United Keetoowah Bands motion to file an amicus brief must do so by January 22, 2019. [18-11479] (tle)
January 17, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Thomas Elliot Gaiser for party(s) Appellee Heather Lynn Libretti Appellee Frank Nicholas Libretti Appellee Altagracia Socorro Hernandez Appellee Danielle Clifford Appellee Jason Clifford Appellee Chad Everet Brackeen Appellee Jennifer Kay Brackeen, in case 18-11479. Access to the EROA has been granted. (tle)
January 17, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Michelle T. Miano for Amicus Curiae Professor Gregory Ablavsky in 18-11479. Access to the EROA has been granted. (tle)
January 16, 2019 APPEARANCE FORM FILED at USCA5 by Attorney Matthew L. Fletcher for Amicus Curiae Charles Wilkinson in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Rebecca Tsosie in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Michalyn Steele in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Maylinn Smith in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Alex Skibine in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Addie C Rolnick in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Angela Riley in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Sarah Krakoff in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Lorie Graham in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Carole Goldberg in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Kristen Carpenter in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Bethany Berger in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Barbara A. Atwood in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Robert T. Anderson in 18-11479, Attorney Matthew L. Fletcher for Amicus Curiae Matthew L. Fletcher in 18-11479 [18-11479]. Access to the EROA has been granted. (tle)
January 16, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Christina Riehl for party(s) Amicus Curiae State of Oregon Amicus Curiae State of New Jersey Amicus Curiae State of Washington Amicus Curiae State of Mississippi Amicus Curiae State of Minnesota Amicus Curiae State of Utah Amicus Curiae State of Virginia Amicus Curiae State of New Mexico Amicus Curiae State of California Amicus Curiae State of Arizona Amicus Curiae State of Idaho Amicus Curiae State of Montana Amicus Curiae State of Iowa Amicus Curiae State of Rhode Island Amicus Curiae State of Wisconsin Amicus Curiae State of Colorado Amicus Curiae State of Maine Amicus Curiae State of Michigan Amicus Curiae State of Illinois Amicus Curiae State of Massachusetts Amicus Curiae State of Alaska, in case 18-11479, by Attorney Christina Riehl for Amicus Curiae State of California in 18-11479 [18-11479]. Access to the EROA has been granted. (tle)
January 15, 2019 Filing 199 Received letter from U.S. Court of Appeals Fifth Circuit re: No. 18-11479. Enclosed is a copy of the revised caption showing correct spelling of party appellant Quinault Indian Nation.This caption should be used for all future filings in the case.Provided below is the court's official caption. Please review the parties listed and advise the court immediately of any discrepancies. If you are required to file an appearance form, a complete list of the parties should be listed on the form exactly as they are listed on the caption. (tle)
January 15, 2019 APPEARANCE FORM FILED at USCA5 by Attorney(s) Venus McGhee Prince for party(s) Appellant Quinault Indian Nation Appellant Oneida Nation Appellant Cherokee Nation Appellant Morongo Band of Mission Indians, in case 18-11479. Access to the EROA has been granted. (tle)
January 14, 2019 Filing 198 Received letter from U.S. Court of Appeals Fifth Circuit No. 18-11479. Enclosed is an order entered in this case. Modified on 1/15/2019 (tle).
January 14, 2019 Opinion or Order Filing 197 ORDER of USCA No. 18-11479 as to 190 Notice of Appeal, filed by Alex Azar, Bryan Rice, United States Department of the Interior, United States of America, Michael Black, Ryan Zinke, United States Department of Health and Human Services, Bureau of Indian Affairs, 187 Notice of Appeal, filed by Quinault Indian Nation, Cherokee Nation, Oneida Nation, Morongo Band of Mission Indians. IT IS ORDERED that the unopposed motion of federal defendant appellants to amend the court's order of January 10, 2019 to modify the briefing schedule is GRANTED. Specifically, the modified deadlines are as follows: January 16, 2019: Opening briefs of Appellants and amicus curiae briefs supporting Appellants or supporting neither side; February 6, 2019: Answering briefs of Appellees and amicus curiae briefs supporting Appellees; and February 19, 2019: Appellants' reply briefs. (tle)
January 10, 2019 Filing 196 Received letter from U.S. Court of Appeals Fifth Circuit re: No. 18-11479. LETTER OF ADVISEMENT. The case caption has been updated to include a semi colon after the name and party text of Ms. Tara Sweeney and before Bureau of Indian Affairs. This caption should be used for all future filings in this case. (tle)
December 12, 2018 Opinion or Order Filing 195 ORDER: Having considered the motion, briefing, and applicable law, the Court hereby DEFERS resolution of the Navajo Nation's Motion to Intervene (ECF No. 185 ) pending further action from the Court of Appeals. (Ordered by Judge Reed C. O'Connor on 12/12/2018) (skg)
December 11, 2018 Opinion or Order Filing 194 ORDER of USCA No. 18-11479 as to 190 Notice of Appeal, filed by Alex Azar, Bryan Rice, United States Department of the Interior, United States of America, Michael Black, Ryan Zinke, United States Department of Health and Human Services, Bureau of Indian Affairs, 187 Notice of Appeal, filed by Quinalt Indian Nation, Cherokee Nation, Oneida Nation, Morongo Band of Mission Indians...Accordingly, IT IS ORDERED that the request contained in the joint stipulation of parties to establish a briefing schedule is GRANTED as set forth herein; this case is expedited, the due dates in all prior briefing letters in this case are withdrawn, and the schedule stated above is substituted in their place...IT IS FURTHER ORDERED that the opposed motion of federal defendant appellants to establish a briefing schedule is DENIED as moot. Dated: 12-11-2018 (tle)
December 7, 2018 Filing 193 Transcript Order Form: transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (Kintz, JoAnn)
December 7, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Eric Grant for party(s) Appellant USA Appellant HHS Appellant Tara Sweeney Appellant Ryan Zinke Appellant Alex Azar Appellant Bureau of Indian Affairs Appellant DOI, in case 18-11479. Access to the EROA has been granted. (tle)
December 7, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Rachel Heron for party(s) Appellant USA Appellant HHS Appellant Tara Sweeney Appellant Ryan Zinke Appellant Alex Azar Appellant Bureau of Indian Affairs Appellant DOI, in case 18-11479. Access to the EROA has been granted. (tle)
December 6, 2018 Supplemental Record on Appeal for USCA5 18-114796 (related to 190 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)
December 4, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Keith Michael Harper for party(s) Appellant Oneida Nation Appellant Cherokee Nation Appellant Morongo Band of Mission Indians Appellant Quinalt Indian Nation, in case 18-11479. Access to the EROA has been granted. (tle)
December 3, 2018 Opinion or Order Filing 192 ORDER of USCA No. 18-11479 as to 187 Notice of Appeal, filed by Quinalt Indian Nation, Cherokee Nation, Oneida Nation, Morongo Band of Mission Indians. IT IS ORDERED that, with respect to the appellants opposed motion for stay pending appeal, the district courts October 2018 judgment is stayed pending further order of this court. (Attachments: # 1 USCA Cover Letter) (tle)
November 30, 2018 Filing 191 Transcript Order Form: transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (Charnes, Adam)
November 30, 2018 Filing 190 NOTICE OF APPEAL to the Fifth Circuit by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Kintz, JoAnn)
November 30, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Kathryn Fort for party(s) Appellant Oneida Nation Appellant Cherokee Nation Appellant Morongo Band of Mission Indians Appellant Quinalt Indian Nation, in case 18-11479. Access to the EROA has been granted. (tle)
November 29, 2018 Filing 189 REPLY filed by Navajo Nation re: 185 MOTION to Intervene for Purposes of Appeal (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Boyce, Maria)
November 27, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Beth Ellen Klusmann for party(s) Appellee State of Indiana Appellee State of Texas Appellee State of Louisiana, in case 18-11479. Access to the EROA has been granted. (tle)
November 27, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Thurston Holderness Webb for party(s) Appellant Oneida Nation Appellant Cherokee Nation Appellant Morongo Band of Mission Indians Appellant Quinalt Indian Nation, in case 18-11479. Access to the EROA has been granted. (tle)
November 27, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) John Clay Sullivan for party(s) Appellee State of Indiana Appellee State of Texas Appellee State of Louisiana, in case 18-11479. Access to the EROA has been granted. (tle)
November 26, 2018 APPEARANCE FORM FILED at USCA5 by Attorney David J. Hacker for Appellee State of Louisiana in 18-11479, Attorney David J. Hacker for Appellee State of Indiana in 18-11479, Attorney David J. Hacker for Appellee State of Texas in 18-11479. Access to the EROA has been granted. (tle)
November 26, 2018 APPEARANCE FORM FILED at USCA5 by Attorney Lochlan Francis Shelfer for Appellee Danielle Clifford in 18-11479, Attorney Lochlan Francis Shelfer for Appellee Heather Lynn Libretti in 18-11479, Attorney Lochlan Francis Shelfer for Appellee Frank Nicholas Libretti in 18-11479, Attorney Lochlan Francis Shelfer for Appellee Jason Clifford in 18-11479, Attorney Lochlan Francis Shelfer for Appellee Altagracia Socorro Hernandez in 18-11479, Attorney Lochlan Francis Shelfer for Appellee Jennifer Kay Brackeen in 18-11479, Attorney Lochlan Francis Shelfer for Appellee Chad Everet Brackeen in 18-11479. Access to the EROA has been granted. (tle)
November 26, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Kyle Douglas Hawkins for party(s) Appellee State of Indiana Appellee State of Texas Appellee State of Louisiana, in case 18-11479. Access to the EROA has been granted. (tle)
November 26, 2018 APPEARANCE FORM FILED at USCA5 by Attorney(s) Matthew Dempsey McGill for party(s) Appellee Heather Lynn Libretti Appellee Frank Nicholas Libretti Appellee Altagracia Socorro Hernandez Appellee Danielle Clifford Appellee Jason Clifford Appellee Chad Everet Brackeen Appellee Jennifer Kay Brackeen, in case 18-11479. Access to the EROA has been granted. (tle)
November 20, 2018 APPEARANCE FORM FILED at USCA5 by Attorney Adam Howard Charnes for Appellant Morongo Band of Mission Indians in 18-11479, Attorney Adam Howard Charnes for Appellant Quinalt Indian Nation in 18-11479, Attorney Adam Howard Charnes for Appellant Oneida Nation in 18-11479, Attorney Adam Howard Charnes for Appellant Cherokee Nation in 18-11479. Access to the EROA has been granted. (tle)
November 20, 2018 Record on Appeal for USCA5 18-11479 (related to 187 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 170,182 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)
November 20, 2018 Filing 188 RESPONSE filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 185 MOTION to Intervene for Purposes of Appeal (McGill, Matthew)
November 19, 2018 USCA Case Number 18-11479 in United States Court of Appeals Fifth Circuit for 187 Notice of Appeal, filed by Quinalt Indian Nation, Cherokee Nation, Oneida Nation, Morongo Band of Mission Indians. (tle)
November 19, 2018 Filing 187 NOTICE OF APPEAL as to 155 Order on Motion to Dismiss, 167 Judgment, 181 Order on Motion to Expedite, Order on Motion to Stay, Order on Motion for Leave to File, to the Fifth Circuit by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. Filing fee $505, receipt number 0539-9593061. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Charnes, Adam) Modified on 11/19/2018 (tle).
November 2, 2018 Filing 186 Brief/Memorandum in Support filed by Navajo Nation re 185 MOTION to Intervene for Purposes of Appeal (Attachments: # 1 Exhibit(s) 1) (Boyce, Maria)
November 2, 2018 Filing 185 MOTION to Intervene for Purposes of Appeal filed by Navajo Nation (Attachments: # 1 Proposed Order) (Boyce, Maria)
November 2, 2018 Filing 184 NOTICE of Attorney Appearance by Catherine Bratic on behalf of Navajo Nation. (Filer confirms contact info in ECF is current.) (Bratic, Catherine)
October 29, 2018 Filing 183 Supplemental Authority re: 180 Unopposed MOTION for Leave to File Supplemental Authority and, MOTION to Expedite filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (skg)
October 29, 2018 Filing 182 (Document Restricted) Declaration of Matthew D. McGill In Support of Individual Plaintiffs' Motion to Supplement the Record re: 170 MOTION for Leave to File to Supplement the Record filed by Chad Everet Brackeen. (skg)
October 29, 2018 Opinion or Order Filing 181 ORDER: Based on the foregoing, the Court finds that Defendants have not met their burden of showing that the circumstances justify an exercise of the Court's discretion to grant a stay. Accordingly, the Court finds that Defendant's Motion to Stay Pending Appeal (ECF No. 168 ) should be and is hereby DENIED. The Court finds that Individual Plaintiffs' Motion for Leave to File to Supplement the Record (ECF No. 170 ) should be and is hereby GRANTED because the supplementary documents are relevant to subject matter jurisdiction, are not prejudicial to another party, and Plaintiffs already met the challenge to their standing at the time of judgment, and must maintain standing throughout appeal. The Court also finds that Defendant's Unopposed Motion for Leave to File Supplemental Authority (ECF No. 180 ) should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 10/29/2018) (skg)
October 19, 2018 Filing 180 Unopposed MOTION for Leave to File Supplemental Authorityand (), MOTION to Expedite filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) A - MD v. Abbott, # 2 Proposed Order) (Charnes, Adam)
October 17, 2018 Filing 179 REPLY filed by Chad Everet Brackeen, Jennifer Kay Brackeen re: 170 MOTION for Leave to File to Supplement the Record (McGill, Matthew)
October 17, 2018 Filing 178 REPLY filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re: 168 MOTION to Expedite Consideration and MOTION to Stay Pending Appeal (Charnes, Adam)
October 15, 2018 Filing 177 Appendix in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re 176 Response/Objection, to Intervenor-Defendants' Motion to Stay (Hacker, David)
October 15, 2018 Filing 176 RESPONSE AND OBJECTION filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 168 MOTION to Expedite Consideration and MOTION to Stay Pending Appeal (Hacker, David)
October 15, 2018 Filing 175 RESPONSE filed by Alex Azar, Michael Black, Bureau of Indian Affairs, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re: 170 MOTION for Leave to File to Supplement the Record (Attachments: # 1 Declaration(s) of JoAnn Kintz and Exhibits) (Kintz, JoAnn)
October 15, 2018 Filing 174 RESPONSE filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re: 170 MOTION for Leave to File to Supplement the Record (Charnes, Adam)
October 12, 2018 Filing 173 ADDITIONAL ATTACHMENTS to 170 Motion for Leave to File, by Plaintiff Chad Everet Brackeen. (McGill, Matthew)
October 11, 2018 Opinion or Order Filing 172 ORDER: Accordingly, it is ORDERED that Plaintiffs file a response to Defendant Cherokee Nation's Motion to Expedite Consideration and Motion to Stay (ECF No. 168 ), and Defendants file a response to Plaintiff Brackeen's Motion for Leave to File Supplemental Briefing (ECF No. 170 ), explaining their opposition, on or before October 15, 2018. It is further ORDERED that the replies to each be filed on or before October 17, 2018. (Ordered by Judge Reed C. O'Connor on 10/11/2018) (skg)
October 10, 2018 Filing 171 Brief/Memorandum in Support filed by Chad Everet Brackeen re 170 MOTION for Leave to File to Supplement the Record (McGill, Matthew)
October 10, 2018 Filing 170 MOTION for Leave to File to Supplement the Record filed by Chad Everet Brackeen with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) Declaration of Matthew D. McGill In Support of Individual Plaintiffs' Motion to Supplement the Record, # 2 Proposed Order Proposed Order) (McGill, Matthew) Modified restriction of attachment per filing atty on 10/12/2018 (bdb).
October 10, 2018 Filing 169 Brief/Memorandum in Support filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re 168 MOTION to Expedite Consideration and MOTION to Stay Pending Appeal (Attachments: # 1 Exhibit(s) A - Declaration of Nikkie Baker Limore) (Charnes, Adam)
October 10, 2018 Filing 168 MOTION to Expedite Consideration and (), MOTION to Stay Pending Appeal filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Proposed Order) (Charnes, Adam)
October 4, 2018 Opinion or Order Filing 167 FINAL JUDGMENT: The Court issued its order partially granting Plaintiffs' Motions for Summary Judgment. It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiffs' Motions for Summary Judgment (ECF Nos. 72 , 79 ) are GRANTED in part and DENIED in part, and this case is DISMISSED with prejudice. The Court DECLARES that 25 U.S.C. §§ 1901-23, 25 U.S.C. §§ 1951-52, 25 C.F.R. §§ 23.106-22, 25 C.F.R. §§ 23.124-32, and 25 C.F.R. §§ 23.140-41 are UNCONSTITUTIONAL. (Ordered by Judge Reed C. O'Connor on 10/4/2018) (plp)
October 4, 2018 Opinion or Order Filing 166 ORDER: The Court finds that Plaintiffs' Motions for Summary Judgment (ECF Nos. 72 , 79 ) should be and are hereby GRANTED in part and DENIED in part. (Ordered by Judge Reed C. O'Connor on 10/4/2018) (plp)
August 24, 2018 Filing 165 Unopposed MOTION for Leave to File An Out of Time Answer filed by Alex Azar, Michael Black, Bureau of Indian Affairs, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Attachments: # 1 Answer to Second Amended Complaint, # 2 Proposed Order) (Kintz, JoAnn)
August 24, 2018 Filing 164 Unopposed MOTION for Leave to File Answer to Second Amended Complaint filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Answer, # 2 Proposed Order) (Charnes, Adam) Modified motion event on 8/27/2018 (bdb).
August 21, 2018 Filing 163 Notice of Filing of Official Electronic Transcript of Motion for Summary Judgment Proceedings held on 08-01-18 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (119 pages) Redaction Request due 9/11/2018. Redacted Transcript Deadline set for 9/21/2018. Release of Transcript Restriction set for 11/19/2018. (dbr)
August 20, 2018 Opinion or Order Filing 162 ORDER granting 161 Motion to Withdraw as Attorney. Jayant Kirtik Tatachar is withdrawn as counsel in this case and the Clerk of Court is DIRECTED to update the docket sheet to reflect GILA River Indian Community's lead counsel of record is Brennan H. Meier. (Ordered by Judge Reed C. O'Connor on 8/20/2018) (skg)
August 17, 2018 Filing 161 Unopposed MOTION to Withdraw as Attorney filed by Gila River Indian Community with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Tatachar, Jayant)
August 17, 2018 Filing 160 NOTICE of Attorney Appearance by Brennan Holden Meier on behalf of Gila River Indian Community. (Filer confirms contact info in ECF is current.) (Meier, Brennan)
August 16, 2018 Filing 159 NOTICE of Lodging of the Administrative Record filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke (Attachments: # 1 Certification of Administrative Record, # 2 Administrative Record Index) (Kintz, JoAnn)
August 1, 2018 Filing 158 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 8/1/2018. re: 72 MOTION for Summary Judgment, 79 MOTION for Summary Judgment. Attorney Appearances: Plaintiff - Lochlan Shelfer,Matthew McGill, David Hacker; Defense - JoAnn Kintz, Steven Miskinis, Adam Charnes. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 3:55. (chmb)
July 27, 2018 Opinion or Order Filing 157 ORDER: The Court resets Plaintiffs' Motions for Summary Judgment (ECF Nos. 72 , 79 ) for hearing at 2:00 p.m. on Wednesday, August 1, 2018. (Ordered by Judge Reed C. O'Connor on 7/27/2018) (skg)
July 24, 2018 Opinion or Order Filing 156 ORDER: Plaintiffs' Motions for Summary Judgment (ECF Nos. 72 , 79 ) Hearing set for 8/2/2018 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 7/24/2018) (skg)
July 24, 2018 Opinion or Order Filing 155 ORDER: For the foregoing reasons, the Court finds that Federal Defendants' Motion to Dismiss (ECF No. 56 ) and Tribal Defendants' Motion to Dismiss (ECF No. 58 ) should be and are hereby DENIED. (Ordered by Judge Reed C. O'Connor on 7/24/2018) (skg)
July 13, 2018 Filing 154 REPLY filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re: 146 MOTION for Summary Judgment (Partial) (Kintz, JoAnn)
June 29, 2018 Filing 153 Brief/Memorandum in Support filed by State of Indiana, State of Louisiana, State of Texas re 152 Response/Objection (Hacker, David)
June 29, 2018 Filing 152 RESPONSE AND OBJECTION filed by State of Indiana, State of Louisiana, State of Texas re: 146 MOTION for Summary Judgment (Partial) (Attachments: # 1 Proposed Order) (Hacker, David)
June 27, 2018 Filing 151 Brief/Memorandum in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re 150 Response/Objection, (McGill, Matthew)
June 27, 2018 Filing 150 RESPONSE AND OBJECTION filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 144 MOTION for Summary Judgment (McGill, Matthew)
June 20, 2018 Opinion or Order Filing 149 ELECTRONIC ORDER granting 148 Application for Admission Pro Hac Vice of Kathryn E. Fort. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/20/2018) (chmb)(bcs)
June 18, 2018 Filing 148 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kathryn E. Fort (Filing fee $25; Receipt number 0539-9260697) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) Mich. Certificate of Good Standing, # 2 Proposed Order) (Charnes, Adam)
June 15, 2018 Filing 147 Brief/Memorandum in Support filed by Alex Azar, Michael Black, Bureau of Indian Affairs, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re 146 MOTION for Summary Judgment (Partial) (Kintz, JoAnn)
June 15, 2018 Filing 146 MOTION for Summary Judgment (Partial) filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke (Attachments: # 1 Proposed Order) (Kintz, JoAnn)
June 15, 2018 Filing 145 Brief/Memorandum in Support filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re 144 MOTION for Summary Judgment (Charnes, Adam)
June 15, 2018 Filing 144 MOTION for Summary Judgment filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Proposed Order) (Charnes, Adam)
June 8, 2018 Filing 143 REPLY filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti re: 79 MOTION for Summary Judgment (McGill, Matthew)
June 8, 2018 Filing 142 REPLY filed by State of Indiana, State of Louisiana, State of Texas re: 72 MOTION for Summary Judgment (Hacker, David)
June 7, 2018 Opinion or Order Filing 141 ORDER granting Plaintiffs' Counsel's Unopposed Motion to Withdraw Appearance of Rebekah Perry Ricketts as Counsel for Individual Plaintiffs 140 . (Ordered by Judge Reed C. O'Connor on 6/7/2018) (skg)
June 6, 2018 Filing 140 Unopposed MOTION to Withdraw as Attorney filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Ricketts, Rebekah)
June 1, 2018 Opinion or Order Filing 139 ORDER: For the foregoing reasons, the Court finds that Proposed Intervenor's Motion to Intervene (ECF No. 77 ) should be and is hereby DENIED. (Ordered by Judge Reed C. O'Connor on 6/1/2018) (skg)
May 31, 2018 Opinion or Order Filing 136 ORDER: The Court finds that the Indian Amici's and the State Amici's unopposed motions are welltaken, and should be and are hereby GRANTED. It is ORDERED that the Indian Amici's Amicus Brief in Opposition to Plaintiffs' Motions for Summary Judgment (ECF No. 125 -1) is hereby deemed filed as of the date of its filing. It is further ORDERED that the State Amici's Amicus Brief in Support of Defendants (ECF No. 124 -1) is also deemed filed as of the date of its filing. (Ordered by Judge Reed C. O'Connor on 5/31/2018) (skg)
May 31, 2018 Opinion or Order Filing 134 ORDER: The Court finds that Gila River's 110 and ILS's 107 unopposed motions are well-taken, and should be and are hereby GRANTED. It is ORDERED that Gila River's Amicus Brief in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Motions for Summary Judgment (ECF No. 110 -1) is hereby deemed filed as of the date of its filing. It is further ORDERED that ILS's Amicus Brief in Opposition to Plaintiffs' Motion for Summary Judgment (ECF No. 108 ) is also deemed filed as of the date of its filing. (Ordered by Judge Reed C. O'Connor on 5/31/2018) (skg)
May 31, 2018 Opinion or Order Filing 131 ORDER: The Court finds that Ohio's and Goldwater's unopposed motions are well-taken, and should be and are hereby GRANTED. It is ORDERED that Ohio's Amicus Brief Opposing Defendants'Motion to Dismiss (ECF No. 69 -1) is hereby deemed filed as of the date of this motion. It is further ORDERED that Goldwater's Amicus Brief in Opposition to Defendants' Motion to Dismiss (ECF No. 71 -1) is also deemed filed as of the date of this motion. (Ordered by Judge Reed C. O'Connor on 5/31/2018) (skg)
May 30, 2018 Opinion or Order Filing 130 ELECTRONIC ORDER granting 113 Application for Admission Pro Hac Vice of Daniel D. Lewerenz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/30/2018)(chmb)(bcs)
May 29, 2018 Opinion or Order Filing 129 ELECTRONIC ORDER granting 114 Application for Admission Pro Hac Vice of Erin C. Dougherty. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/29/2018)(chmb)(bcs)
May 29, 2018 Opinion or Order Filing 128 ELECTRONIC ORDER granting 112 Application for Admission Pro Hac Vice of Rose N. Petoskey. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/29/2018)(chmb)(bcs)
May 29, 2018 Opinion or Order Filing 127 ELECTRONIC ORDER granting 111 Application for Admission Pro Hac Vice of Samuel F. Daughety. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/29/2018)(chmb)(bcs)
May 29, 2018 Opinion or Order Filing 126 ELECTRONIC ORDER granting 101 Application for Admission Pro Hac Vice of Pratik A. Shah. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/29/2018)(chmb)(bcs)
May 25, 2018 Filing 138 BRIEF OF AMICUS CURIAE 123 FEDERALLY RECOGNIZED INDIAN TRIBES, ASSOCIATION ON AMERICAN INDIAN AFFAIRS, NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN CHILD WELFARE ASSOCIATION, AND OTHER INDIAN ORGANIZATIONS IN OPPOSITION TO PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT 79 . (skg)
May 25, 2018 Filing 137 AMICUS BRIEF OF THE STATES OF CALIFORNIA, ALASKA, MONTANA, NEW MEXICO, OREGON, UTAH, AND WASHINGTON IN SUPPORT OF DEFENDANTS re: 56 . (skg)
May 25, 2018 Filing 135 BRIEF OF GILA RIVER INDIAN COMMUNITY AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS 56 AND IN OPPOSITION TO PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT 79 . (skg)
May 25, 2018 Filing 125 MOTION for Leave to File BRIEF AS AMICUS CURIAE filed by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) BRIEF OF AMICUS CURIAE, # 2 Proposed Order) (Salgado, Richard)
May 25, 2018 Filing 124 MOTION for Leave to File Amicus Curiae Brief in Support of Defendants filed by State of California, Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Amicus Brief of the States of California, Alaska, Montana, New Mexico, Oregon, Utah and Washington in Support of Defendants, # 2 Proposed Order [Proposed] Order Granting Motion of the States of California, Alaska, Montana, New Mexico, Oregon, Utah, and Washington for Leave to Files Amicus Brief in Support of Defendants) (Riehl, Christina)
May 25, 2018 Filing 123 Brief/Memorandum in Support filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re 122 Response/Objection, (Attachments: # 1 Declaration(s) of Christine Ennis pursuant to Rule 56(d)) (Miskinis - DOJ, Steven)
May 25, 2018 Filing 122 RESPONSE AND OBJECTION filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re: 79 MOTION for Summary Judgment (Miskinis - DOJ, Steven)
May 25, 2018 Filing 121 Brief/Memorandum in Support filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re 120 Response/Objection, (Miskinis - DOJ, Steven)
May 25, 2018 Filing 120 RESPONSE AND OBJECTION filed by Alex Azar, Michael Black, Bureau of Indian Affairs, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re: 72 MOTION for Summary Judgment (Miskinis - DOJ, Steven)
May 25, 2018 Filing 119 Appendix in Support filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re 117 Response/Objection (Charnes, Adam)
May 25, 2018 Filing 118 Brief/Memorandum in Support filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re 117 Response/Objection (Charnes, Adam)
May 25, 2018 Filing 117 RESPONSE filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re: 72 MOTION for Summary Judgment , 79 MOTION for Summary Judgment (Charnes, Adam)
May 25, 2018 Filing 116 REPLY filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re: 56 MOTION to Dismiss Second Amended Complaint (Miskinis - DOJ, Steven)
May 25, 2018 Filing 115 REPLY filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re: 56 MOTION to Dismiss Second Amended Complaint (Miskinis - DOJ, Steven)
May 25, 2018 Filing 114 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Erin C. Dougherty (Filing fee $25; Receipt number 0539-9213588) filed by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Additional Page(s) List of All Parties Represented) (Salgado, Richard)
May 25, 2018 Filing 113 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel D. Lewerenz (Filing fee $25; Receipt number 0539-9213571) filed by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Additional Page(s) List of All Parties Represented) (Salgado, Richard)
May 25, 2018 Filing 112 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Rose N. Petoskey (Filing fee $25; Receipt number 0539-9213550) filed by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Salgado, Richard)
May 25, 2018 Filing 111 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Samuel F. Daughety (Filing fee $25; Receipt number 0539-9213490) filed by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Salgado, Richard)
May 25, 2018 Filing 110 Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Motions for Summary Judgment filed by Gila River Indian Community (Attachments: # 1 Exhibit(s) Brief of Gila River Indian Community as Amicus Curiae in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Motions for Summary Judgment, # 2 Proposed Order) (Tatachar, Jayant)
May 25, 2018 Filing 109 NOTICE of Attorney Appearance by Richard D Salgado on behalf of National Congress of American Indians, Association on American Indian Affairs, National Indian Child Welfare Association. (Filer confirms contact info in ECF is current.). Party National Congress of American Indians, Association of American Indian Affairs and National Indian Child Welfare Association added. (Salgado, Richard)
May 25, 2018 Filing 108 Brief/Memorandum in Support filed by Indian Law Scholars re 107 Unopposed MOTION for Leave to File Amicus Brief in Opposition to Plaintiffs' Motion for Summary Judgment (Hutchison, Susan)
May 25, 2018 Filing 107 Unopposed MOTION for Leave to File Amicus Brief in Opposition to Plaintiffs' Motion for Summary Judgment filed by Indian Law Scholars (Hutchison, Susan)
May 25, 2018 Filing 106 NOTICE of Attorney Appearance by Susan E Hutchison on behalf of Indian Law Scholars. (Filer confirms contact info in ECF is current.) (Hutchison, Susan)
May 24, 2018 Opinion or Order Filing 105 ORDER granting in part and denying in part 92 Motion for Leave to File ; granting in part and denying in part 95 Motion to Expedite. See Order for further specifics. (Ordered by Judge Reed C. O'Connor on 5/24/2018) (skg)
May 24, 2018 Filing 104 NOTICE of Attorney Appearance by Jayant Kartik Tatachar on behalf of Gila River Indian Community. (Filer confirms contact info in ECF is current.) (Tatachar, Jayant)
May 24, 2018 Opinion or Order Filing 103 ORDER granting 96 Amici States' Motion for Leave to Appear Without Local Counsel (ECF No. 96 ). (Ordered by Judge Reed C. O'Connor on 5/24/2018) (skg)
May 23, 2018 Opinion or Order Filing 102 ELECTRONIC ORDER granting 94 Application for Admission Pro Hac Vice of Christina McClurg Riehl. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/23/2018)(chmb)(bcs)
May 23, 2018 Filing 101 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9209450) filed by Gila River Indian Community. Party Gila River Indian Community added.Attorney Pratik A. Shah added to party Gila River Indian Community(pty:am) (Shah, Pratik)
May 23, 2018 Filing 100 REPLY filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior re: 95 MOTION to Expedite , Motion for leave to file a ninety-five page brief on May 25, 2018 (Miskinis - DOJ, Steven)
May 23, 2018 Filing 99 REPLY filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re: 92 MOTION for Leave to File a Combined Brief and For an Extension of Pages (Charnes, Adam)
May 22, 2018 Opinion or Order Filing 98 ORDER: In the Court's May 1, 2018 Order 86 , a clerical error designated Defendants' Motion to Stay as ECF No. 70 rather than its correct docket number, ECF No. 68 . Nothing in this Order changes the Court's previous Order except to correctly identify the Motion to Stay (ECF No. 68 ), which remains DENIED. (Ordered by Judge Reed C. O'Connor on 5/22/2018) (skg)
May 22, 2018 Filing 97 RESPONSE AND OBJECTION filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 95 MOTION to Expedite , Motion for leave to file a ninety-five page brief on May 25, 2018, 92 MOTION for Leave to File a Combined Brief and For an Extension of Pages (Attachments: # 1 Declaration(s)) (McGill, Matthew)
May 22, 2018 Filing 96 MOTION To Appear Without Local Counsel filed by State of California, Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Riehl, Christina) Modified on 5/25/2018 (wrb).
May 22, 2018 Filing 95 Federal Defendants' Opposed MOTION For Expedited Consideration and Motion for leave to file a Combined Brief in Reply in SUpport of Federal Defendants' Motion to Dismiss, In Opposition to Plaintiffs' Motions for Summary Judgment and in support of Federal Defendants' Cross-Motion for Summary Judgment filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) of Steven Miskinis, # 2 Exhibit(s) email correspondence regarding conferral, # 3 Proposed Order)Attorney Steven Edward Miskinis - DOJ added to party Alex Azar(pty:dft), Attorney Steven Edward Miskinis - DOJ added to party United States Department of Health and Human Services(pty:dft), Attorney Steven Edward Miskinis - DOJ added to party United States of America(pty:dft) (Miskinis - DOJ, Steven) Modified on 5/25/2018 (wrb).
May 22, 2018 Filing 94 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9207267) filed by State of California, Department of Justice. Party Amici States of California, et al. added.Attorney Christina McClurg Riehl added to party State of California, Department of Justice(pty:am) (Riehl, Christina)
May 22, 2018 Opinion or Order Filing 93 ELECTRONIC ORDER granting 91 Application for Admission Pro Hac Vice of Katherine Claire Belzowski. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)).(Ordered by Judge Reed C. O'Connor on 5/22/2018 (chmb)(bcs)
May 22, 2018 Filing 92 MOTION for Leave to File a Combined Brief and For an Extension of Pages filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Proposed Order) (Charnes, Adam)
May 17, 2018 Filing 91 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Katherine C. Belzowski (Filing fee $25; Receipt number 0539-9197499) filed by Navajo Nation (Attachments: # 1 Exhibit(s) Attachment A - Certificate of Good Standing, # 2 Proposed Order) (Boyce, Maria)
May 16, 2018 Filing 90 NOTICE of Attorney Appearance by Scott Kristian Hvidt on behalf of Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti. (Filer confirms contact info in ECF is current.) (Hvidt, Scott)
May 15, 2018 Filing 89 REPLY filed by Navajo Nation re: 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 (Boyce, Maria)
May 14, 2018 Filing 88 NOTICE of Attorney Appearance by Jillian Beck on behalf of Navajo Nation. (Filer confirms contact info in ECF is current.) (Beck, Jillian)
May 3, 2018 Filing 87 RESPONSE filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 (McGill, Matthew)
May 1, 2018 Opinion or Order Filing 86 ORDER: Defendants' Motion to Stay (ECF No. 70 ) is hereby DENIED; Plaintiffs' Motion to Extend Time (ECF No. 84 ) is GRANTED in part and DENIED in part. See Order for further specifics. (Ordered by Judge Reed C. O'Connor on 5/1/2018) (skg)
May 1, 2018 Filing 85 Brief/Memorandum in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re 84 MOTION to Extend Time to amend scheduling order and in opposition to re 68 MOTION to Expedite Consideration (), MOTION to Stay Proceedings on Summary Judgment Pending Resolution of Defendants' Motion to Dismiss (McGill, Matthew)
May 1, 2018 Filing 84 MOTION to Extend Time to amend scheduling order filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas (Attachments: # 1 Proposed Order) (McGill, Matthew)
April 27, 2018 Opinion or Order Filing 83 ELECTRONIC ORDER granting 76 Application for Admission Pro Hac Vice of Paul Spruhan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/27/2018)(chmb)(bcs)
April 27, 2018 Filing 82 NOTICE of Attorney Appearance by Maria Wyckoff Boyce for Preston Mundt on behalf of Navajo Nation. (Boyce, Maria)
April 26, 2018 Filing 133 BRIEF AMICUS CURIAE OF GOLDWATER INSTITUTE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS 56 . (skg)
April 26, 2018 Filing 132 AMICUS BRIEF OF THE STATE OF OHIO OPPOSING DEFENDANTS' MOTION TO DISMISS 56 . (skg)
April 26, 2018 Filing 81 Appendix in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti re 79 MOTION for Summary Judgment (McGill, Matthew)
April 26, 2018 Filing 80 Brief/Memorandum in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti re 58 MOTION to Dismiss Plaintiff's Second Amended Complaint, 79 MOTION for Summary Judgment , 56 MOTION to Dismiss Second Amended Complaint (Combined Brief in Opposition to Motions to Dismiss and in Support of Motion for Summary Judgment) (McGill, Matthew)
April 26, 2018 Filing 79 MOTION for Summary Judgment filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti (Attachments: # 1 Proposed Order) (McGill, Matthew)
April 26, 2018 Filing 78 Brief/Memorandum in Support filed by Navajo Nation re 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 (Attachments: # 1 Appendix (Exhibits 1-4)) (Boyce, Maria)
April 26, 2018 Filing 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 filed by Navajo Nation (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Boyce, Maria)
April 26, 2018 Filing 76 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Paul Spruhan (Filing fee $25; Receipt number 0539-9151463) filed by Navajo Nation (Attachments: # 1 Attachment A, # 2 Proposed Order) (Boyce, Maria)
April 26, 2018 Filing 75 NOTICE of Attorney Appearance by Maria Wyckoff Boyce on behalf of Navajo Nation. (Filer confirms contact info in ECF is current.). Party Navajo Nation added. (Boyce, Maria)
April 26, 2018 Filing 74 Brief/Memorandum in Support filed by State of Indiana, State of Louisiana, State of Texas re 72 MOTION for Summary Judgment , 58 MOTION to Dismiss Plaintiff's Second Amended Complaint, 56 MOTION to Dismiss Second Amended Complaint (Combined Brief in Opposition to Motions to Dismiss and in Support of Motion for Summary Judgment) (Hacker, David)
April 26, 2018 Filing 73 Appendix in Support filed by State of Indiana, State of Louisiana, State of Texas re 72 MOTION for Summary Judgment (Attachments: # 1 Additional Page(s) Part 2, # 2 Additional Page(s) Part 3) (Hacker, David)
April 26, 2018 Filing 72 MOTION for Summary Judgment filed by State of Indiana, State of Louisiana, State of Texas (Hacker, David)
April 26, 2018 Filing 71 MOTION for Leave to File Brief Amicus Curiae in Opposition to Defendants' Motion to Dismiss filed by Goldwater Institute (Attachments: # 1 Exhibit(s) Brief Amicus Curiae of Goldwater Institute in Opposition to Defendants' Motion to Dismiss, # 2 Proposed Order) (Miller, Matthew)
April 26, 2018 Filing 70 MOTION for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss filed by State of Ohio with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief of the State of Ohio Opposing Defendants' Motion to Dismiss, # 2 Proposed Order [Proposed} Order Granting Motion of the State of Ohio for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss) (Novakov, Daniel) Modified termination date on 5/22/2018 per Order 98 (skg).
April 26, 2018 Filing 69 MOTION for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss filed by State of Ohio with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief of the State of Ohio Opposing Defendant's Motion to Dismiss, # 2 Proposed Order [Proposed] Order Granting Motion of the State of Ohio for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss). Party State of Ohio added. (Novakov, Daniel)
April 26, 2018 Filing 68 MOTION to Expedite Consideration (), MOTION to Stay Proceedings on Summary Judgment Pending Resolution of Defendants' Motion to Dismiss filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Kintz, JoAnn) Modified on 4/26/2018 (edm). Modified on 4/27/2018 (edm).
April 26, 2018 Filing 67 *** FILED IN ERROR. DISREGARD PER ATTORNEY.***Brief/Memorandum in Support filed by Goldwater Institute re 64 Reply, (Miller, Matthew) Modified on 4/26/2018 (wxc).
April 26, 2018 Filing 66 *** FILED IN ERROR. DISREGARD PER ATTORNEY.*** Unopposed MOTION for Leave to File Brief Amicus Curiae filed by Goldwater Institute. Party Goldwater Institute added.Attorney Matthew R Miller added to party Goldwater Institute(pty:am) (Miller, Matthew) Modified on 4/26/2018 (wxc).
April 25, 2018 Opinion or Order Filing 65 ORDER: Plaintiffs' Motion for Leave to File Combined Brief (ECF No. 62 ) is GRANTED. See Order for further specifics. (Ordered by Judge Reed C. O'Connor on 4/25/2018) (skg)
April 24, 2018 Filing 64 REPLY filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 62 MOTION for Leave to File Combined Brief (McGill, Matthew)
April 24, 2018 Filing 63 RESPONSE filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re: 62 MOTION for Leave to File Combined Brief (Charnes, Adam)
April 24, 2018 Filing 62 MOTION for Leave to File Combined Brief filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas (Attachments: # 1 Proposed Order) (McGill, Matthew)
April 13, 2018 Filing 61 NOTICE of Attorney Appearance by Keith M. Harper on behalf of Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (Filer confirms contact info in ECF is current.) (Harper, Keith)
April 9, 2018 Opinion or Order Filing 60 ELECTRONIC ORDER granting 59 Application for Admission Pro Hac Vice of Claire R Newman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/9/2018)(chmb)(bcs)
April 6, 2018 Filing 59 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9107214) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) Washington Cert. of Good Standing)Attorney Claire R Newman added to party Cherokee Nation(pty:intvd), Attorney Claire R Newman added to party Morongo Band of Mission Indians(pty:intvd), Attorney Claire R Newman added to party Oneida Nation(pty:intvd), Attorney Claire R Newman added to party Quinalt Indian Nation(pty:intvd) (Newman, Claire)
April 5, 2018 Filing 58 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Proposed Order) (Charnes, Adam)
April 5, 2018 Filing 57 Brief/Memorandum in Support filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re 56 MOTION to Dismiss Second Amended Complaint (Attachments: # 1 Declaration(s) of JoAnn Kintz with Exhibits) (Kintz, JoAnn)
April 5, 2018 Filing 56 MOTION to Dismiss Second Amended Complaint filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke (Attachments: # 1 Proposed Order)Attorney JoAnn Kintz added to party Alex Azar(pty:dft), Attorney JoAnn Kintz added to party United States Department of Health and Human Services(pty:dft), Attorney JoAnn Kintz added to party United States of America(pty:dft) (Kintz, JoAnn)
April 4, 2018 Opinion or Order Filing 55 ORDER granting 54 Motion for Leave to File. Defendant may exceed the page limit by fifteen (15) pages for the brief, not to exceed forty (40) pages. (Ordered by Judge Reed C. O'Connor on 4/4/2018) (skg)
April 2, 2018 Filing 54 Unopposed MOTION for Leave to File Brief Exceeding Local Rule Page Limits filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Miskinis - DOJ, Steven)
April 2, 2018 Opinion or Order Filing 53 ELECTRONIC ORDER granting 51 Application for Admission Pro Hac Vice of Thurston H Webb. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/2/2018)(chmb)(bcs)
April 2, 2018 Opinion or Order Filing 52 ELECTRONIC ORDER granting 50 Application for Admission Pro Hac Vice of Venus McGhee Prince. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/2/2018)(chmb)(bcs)
March 30, 2018 Filing 51 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9091907) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) GA Certificate of Good Standing, # 2 Proposed Order)Attorney Thurston H Webb added to party Cherokee Nation(pty:intvd), Attorney Thurston H Webb added to party Morongo Band of Mission Indians(pty:intvd), Attorney Thurston H Webb added to party Oneida Nation(pty:intvd), Attorney Thurston H Webb added to party Quinalt Indian Nation(pty:intvd) (Webb, Thurston)
March 30, 2018 Filing 50 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9091901) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) DC Certificate of Good Standing, # 2 Proposed Order)Attorney Venus McGhee Prince added to party Cherokee Nation(pty:intvd), Attorney Venus McGhee Prince added to party Morongo Band of Mission Indians(pty:intvd), Attorney Venus McGhee Prince added to party Oneida Nation(pty:intvd), Attorney Venus McGhee Prince added to party Quinalt Indian Nation(pty:intvd) (Prince, Venus)
March 28, 2018 Filing 49 SUMMONS Returned Executed as to United States of America ; served on 3/26/2018. (Hacker, David)
March 28, 2018 Filing 48 SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 3/26/2018. (Hacker, David)
March 28, 2018 Filing 47 SUMMONS Returned Executed as to Alex Azar ; served on 3/26/2018. (Hacker, David)
March 28, 2018 Filing 46 MOTION to Dismiss filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (skg)
March 28, 2018 Opinion or Order Filing 45 ORDER granting 41 Motion to Intervene: Accordingly, the motion is well-taken and should be and is hereby GRANTED. The clerk shall FILE the intervenors' motion to dismiss, attached as Exhibit A (ECF No. 41 -1) to their motion. (Ordered by Judge Reed C. O'Connor on 3/28/2018) (skg)
March 26, 2018 Filing 44 NOTICE of Attorney Appearance by Christin Jeffrey Jones on behalf of Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (Filer confirms contact info in ECF is current.) (Jones, Christin)
March 26, 2018 Filing 43 NOTICE of Attorney Appearance by Adam Howard Charnes on behalf of Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (Filer confirms contact info in ECF is current.) (Charnes, Adam)
March 26, 2018 Filing 42 Brief/Memorandum in Support filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re 41 MOTION to Intervene as Defendants (Charnes, Adam)
March 26, 2018 Filing 41 MOTION to Intervene as Defendants filed by Cherokee Nation, Oneida Nation, Quinalt Indian Nation, Morongo Band of Mission Indians (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order). Party Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians added. (Charnes, Adam)
March 23, 2018 Filing 40 Summons issued as to United States Department of Health and Human Services c/o U.S. Attorney. (npk)
March 23, 2018 Filing 39 Summons Issued as to Alex Azar, United States Department of Health and Human Services, United States of America. (wxc)
March 23, 2018 Filing 38 Request for Clerk to issue Summons to United States of America filed by State of Indiana, State of Louisiana, State of Texas. (Hacker, David)
March 23, 2018 Filing 37 Request for Clerk to issue Summons to U. S. Department of Health and Human Services filed by State of Indiana, State of Louisiana, State of Texas. (Hacker, David)
March 23, 2018 Filing 36 Request for Clerk to issue Summons to Alex Azar, in his official capacity as Secretary of the U. S. Department of Health and Human Services filed by State of Indiana, State of Louisiana, State of Texas. (Hacker, David)
March 22, 2018 Filing 35 AMENDED COMPLAINT against All Defendants filed by Jason Clifford, Heather Lynn Libretti, Chad Everet Brackeen, Frank Nicholas Libretti, Danielle Clifford, Jennifer Kay Brackeen, State of Indiana, State of Louisiana, State of Texas, Altagracia Socorro Hernandez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (skg)
March 22, 2018 Opinion or Order Filing 34 ORDER: The Clerk of Court shall file Plaintiffs' Second Amended Complaint, attached hereto as ECF No. 33 -1, on the docket, deemed filed as of this Order. Defendants shall have until May 21, 2018 to reply in support of their motion to dismiss. See order for further specifics. (Ordered by Judge Reed C. O'Connor on 3/22/2018) (skg)
March 16, 2018 Filing 33 STIPULATION and Proposed Order Regarding Plaintiffs' Second Amended Complaint by State of Indiana, State of Louisiana, State of Texas. (Attachments: # 1 Proposed Amendment) (Hacker, David)
March 14, 2018 Opinion or Order Filing 32 ORDER: The Opposed Motion for Expedited Consideration and Motion to Extend Time to File Responses and Reply to Defendants' and Putative-Intervener's Motion to Dismiss (ECF No. 31 ) is GRANTED. Therefore, the deadline for Plaintiffs to file a Response is extended to April 10, 2018 and Defendants' and the Tribe's deadline to file a Reply is extended to April 27, 2018. (Ordered by Judge Reed C. O'Connor on 3/14/2018) (skg)
March 14, 2018 Filing 31 MOTION to Expedite Consideration, MOTION to Extend Time to File Responses and Reply to Defendants' and Putative-Intervenors' Motions to Dismiss() filed by State of Indiana, State of Louisiana, State of Texas (Attachments: # 1 Declaration(s) in Support, # 2 Proposed Order) (Hacker, David)
February 22, 2018 Opinion or Order Filing 30 ORDER granting 29 Agreed Motion to Extend Time to File Responses and Reply to Defendants' Motion to Dismiss. The deadline for Plaintiffs to file a Response is extended to March 20, 2018 and Plaintiffs' deadline to file a Reply is extended to April 6, 2018. (Ordered by Judge Reed C. O'Connor on 2/22/2018) (plp)
February 21, 2018 Filing 29 Agreed MOTION to Extend Time to File Responses and Reply to Defendants' Motion to Dismiss filed by State of Indiana, State of Louisiana, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, David)
February 13, 2018 Filing 28 Brief/Memorandum in Support filed by Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke re 27 MOTION to Dismiss (Attachments: # 1 Declaration(s) of JoAnn Kintz with Exhibits) (Kintz, JoAnn)
February 13, 2018 Filing 27 MOTION to Dismiss filed by Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke (Kintz, JoAnn)
February 13, 2018 Filing 26 NOTICE of Attorney Appearance by JoAnn Kintz on behalf of Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke. (Filer confirms contact info in ECF is current.) (Kintz, JoAnn)
February 8, 2018 Opinion or Order Filing 25 ORDER: Defendant's Unopposed Motion for Leave to Exceed Page Limit (ECF No. 24 ) is GRANTED. (Ordered by Judge Reed C. O'Connor on 2/8/2018) (skg)
February 7, 2018 Filing 24 Unopposed MOTION for Leave to File Brief Exceeding Local Rule Page Limits filed by Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke (Attachments: # 1 Proposed Order) (Miskinis - DOJ, Steven)
February 6, 2018 Filing 23 NOTICE of Attorney Appearance by Steven Edward Miskinis - DOJ on behalf of Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke. (Filer confirms contact info in ECF is current.) (Miskinis - DOJ, Steven)
December 15, 2017 Filing 22 AMENDED COMPLAINT against Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke filed by Jennifer Kay Brackeen, Chad Everet Brackeen, State of Texas, Altagracia Socorro Hernandez, State of Indiana, Jason Clifford, Frank Nicholas Libretti, State of Louisiana, Heather Lynn Libretti, Danielle Clifford. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5) (McGill, Matthew)
November 20, 2017 Filing 21 SUMMONS Returned Executed. (Attachments: # 1 Additional Page(s)) (McGill, Matthew)
November 20, 2017 Filing 20 SUMMONS Returned Executed as to United States Department of the Interior ; served on 10/27/2017. (McGill, Matthew)
November 20, 2017 Filing 19 SUMMONS Returned Executed as to Bureau of Indian Affairs ; served on 10/27/2017. (McGill, Matthew)
November 20, 2017 Filing 18 SUMMONS Returned Executed as to Michael Black ; served on 10/27/2017. (McGill, Matthew)
November 20, 2017 Filing 17 SUMMONS Returned Executed as to Bryan Rice ; served on 10/27/2017. (McGill, Matthew)
November 20, 2017 Filing 16 SUMMONS Returned Executed as to Ryan Zinke ; served on 10/27/2017. (McGill, Matthew)
November 20, 2017 Opinion or Order Filing 15 ORDER. Before the Court is Plaintiffs' Agreed Motion to Extend Time to Amend Complaint and File Responsive Pleadings (ECF No. 14), filed November 17, 2017. Having reviewed the Motion, the Court finds that it should be and is hereby GRANTED. Accordingly, Plaintiffs' deadline to file an amended complaint is extended to December 15, 2017. Defendants' deadline to answer or file any responsive pleadings or motions is extended to February 13, 2018. (Ordered by Judge Reed C. O'Connor on 11/20/2017) (trt)
November 17, 2017 Filing 14 Agreed MOTION to Extend Time To Amend Complaint and File Responsive Pleadings filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (McGill, Matthew)
October 27, 2017 Opinion or Order Filing 13 ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Lochlan F. Shelfer. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 10/27/2017)(chmb)(bcs)
October 27, 2017 Opinion or Order Filing 12 ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Matthew D. McGill. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 10/27/2017) (chmb) (bcs)
October 26, 2017 Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lochlan F. Shelfer (Filing fee $25; Receipt number 0539-8765780) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah)
October 26, 2017 Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew D. McGill (Filing fee $25; Receipt number 0539-8765762) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah)
October 26, 2017 Filing 9 Order Unfiling 5 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lochlan F. Shelfer (Filing fee $25; Receipt number 0539-8763569) filed by Jennifer Kay Brackeen, Chad Everet Brackeen due to the following deficiency: Question IX. Applicant has filed for pro hac vice admission in the United States District Court for the Northern District of Texas during the past three years in the following matters: was left blank. Applicant must fill out all questions. (Ordered by Judge Reed C. O'Connor on 10/26/2017) (skg)
October 26, 2017 Filing 8 Order Unfiling 4 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew D. McGill (Filing fee $25; Receipt number 0539-8763528) filed by Jennifer Kay Brackeen, Chad Everet Brackeen due to the following deficiency: Question IX. Applicant has filed for pro hac vice admission in the United States District Court for the Northern District of Texas during the past three years in the following matters: was left blank. Applicant must fill out all questions. (Ordered by Judge Reed C. O'Connor on 10/26/2017) (skg)
October 26, 2017 Filing 7 Summons issued as to Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke, U.S. Attorney, and U.S. Attorney General. (wxc)
October 25, 2017 Filing 6 New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc)
October 25, 2017 Filing 5 ***UNFILED PER ORDER 9 *** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lochlan F. Shelfer (Filing fee $25; Receipt number 0539-8763569) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah) Modified on 10/26/2017 (skg).
October 25, 2017 Filing 4 ***UNFILED PER ORDER 8 *** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew D. McGill (Filing fee $25; Receipt number 0539-8763528) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah) Modified on 10/26/2017 (skg).
October 25, 2017 Filing 3 Request for Clerk to issue Summonses to Defendants filed by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Attachments: # 1 Summons to Bryan Rice, # 2 Summons to Michael Black, # 3 Summons to Bureau of Indian Affairs, # 4 Summons to United States Department of the Interior, # 5 Summons to the U.S. Attorney for the Northern District of Texas, # 6 Summons to the United States Attorney General) (Ricketts, Rebekah)
October 25, 2017 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Ricketts, Rebekah)
October 25, 2017 Filing 1 COMPLAINT against All Defendants filed by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Filing fee $400; Receipt number 0539-8762985) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Cover Sheet) (Ricketts, Rebekah)

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Search for this case: Brackeen et al v. Zinke et al
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Plaintiff: Chad Everet Brackeen
Represented By: Matthew D McGill
Represented By: Rebekah Perry Ricketts
Represented By: Lochlan F Shelfer
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Plaintiff: Jennifer Kay Brackeen
Represented By: Matthew D McGill
Represented By: Rebekah Perry Ricketts
Represented By: Lochlan F Shelfer
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Plaintiff: State of Texas
Represented By: David Jonathan Hacker
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Defendant: Ryan Zinke
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Defendant: Bryan Rice
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Defendant: Michael Black
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Defendant: Bureau of Indian Affairs
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Defendant: United States Department of the Interior
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