UTE Indian Tribe of the Uintah and Ouray Reservation v. United States Department of Interior et al
Ute Indian Tribe of the Uintah and Ouray Reservation |
Deb Haaland, Spencer Cox, United States Department of Interior, David Bernhardt, Bureau of Reclamation, Bureau of Indian Affairs, Utah Water Conservancy District, Teresa Whilhelmsen and State of Utah |
2:2021cv00573 |
September 30, 2021 |
US District Court for the District of Utah |
Dale A Kimball |
Daphne A Oberg |
Jill N Parrish |
Civil Rights: Other |
28 U.S.C. § 2201 |
None |
Docket Report
This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 158 ANSWER to #57 Amended Complaint, filed by Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior.(Sullivan, Sally) |
Filing 157 NOTICE of Appearance by Brigman L. Harman on behalf of David Bernhardt, Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior (Harman, Brigman) |
Filing 156 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Defendants David Bernhardt, Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior (Harman, Brigman) |
Filing 155 Modification of Docket re #154 : Error: The wrong order was attached to the docket entry. Correction: It is now attached to the docket entry and is attaced to this modification. (alf) |
Filing 154 ORDER granting #141 Motion for Scheduling Order/for Clarification. Order to Propose Schedule #134 is VACATED. The deadline for the Federal Defendants to file a responsive document to the Second Amended Complaint pursuant to Local Civil Rule 7-4(2) is November 17, 2021. The parties shall comply with the requirements of Local Civil Rule 7-4, including submitting a proposed scheduling order pursuant to subsection (a)(5) of this rule. Signed by Magistrate Judge Daphne A. Oberg on 11/3/21. (alf) (alf). |
Filing 153 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #132 filed by Intervenor Defendant State of Utah, Defendant State of Utah (Rampton, Anthony) |
Filing 152 Plaintiff's RESPONSE to Motion re #141 MOTION for Scheduling Order and Clarification filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Lawrence, Robert) |
Filing 151 NOTICE: The court has received notification that the primary email has been updated attorney Robert T. Lawrence. Accordingly, the court has restored efiling privileges for attorney Robert T. Lawrence. (nl) |
Filing 150 NOTICE: The court received a bounce-back notification indicating that the primary email address tlawrence@nativelawgroup.com, for attorney Robert T. Lawrence is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl) |
Filing 149 NOTICE OF WITHDRAWAL OF COUNSEL of Brook McCarrick filed by Brook McCarrick on behalf of Spencer Cox, Deb Haaland, State of Utah (McCarrick, Brook) |
Filing 148 NOTICE of Appearance by Anthony L. Rampton on behalf of State of Utah (Rampton, Anthony) |
Filing 147 NOTICE of Appearance by Kathy A. F. Davis on behalf of State of Utah (Davis, Kathy) |
Filing 146 NOTICE of Appearance by Kelsie Lynn Last on behalf of State of Utah (Last, Kelsie) |
Filing 145 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Defendant State of Utah (Johnson, Norman) |
Filing 144 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #132 filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation (Lawrence, Robert) |
Filing 142 DOCKET TEXT ORDER: Any response or opposition to Defendants' #141 Motion for Scheduling Order and Clarification shall be filed by October 27, 2021. The deadlines in the #134 Order to Propose Schedule and Defendants' deadline to respond to the second amended complaint are STAYED pending a ruling on this motion. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 10/20/2021. (med) |
Filing 143 ORDER granting #140 Motion for Admission Pro Hac Vice of Attorney Robert T. Lawrence for Ute Indian Tribe of the Uintah and Ouray Reservation.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 10/19/21. (alf) |
Filing 141 MOTION for Scheduling Order and Clarification filed by Defendants Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Sullivan, Sally) |
Filing 140 MOTION for Admission Pro Hac Vice of Robert T. Lawrence , Registration fee $ 250, receipt number AUTDC-4143178,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Stieff, J.) |
Filing 139 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation (Curry, Joanne) |
Filing 138 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #132 filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation (Patterson, Jeremy) |
Filing 137 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #132 filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation (Bassett, Frances) |
Filing 136 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation (Holditch, Michael) |
Filing 135 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #132 filed by Defendants Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior (Sullivan, Sally) |
Filing 134 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 10/14/21. (alf) |
Filing 133 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 10/13/21. (ss) |
Filing 132 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 10/12/21. (ss) |
Filing 131 NOTICE of Appearance by Sally Sullivan on behalf of Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior (Sullivan, Sally) |
Filing 130 ORDER granting #125 Motion for Admission Pro Hac Vice of Attorney Michael W. Holditch for Ute Indian Tribe of the Uintah and Ouray Reservation.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 10/7/21. (alf) |
Filing 129 ORDER granting #124 Motion for Admission Pro Hac Vice of Attorney Jeremy J. Patterson for Ute Indian Tribe of the Uintah and Ouray Reservation.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 10/7/21. (alf) |
Filing 128 ORDER granting #126 Motion for Admission Pro Hac Vice of Attorney Joanne H. Curry for Ute Indian Tribe of the Uintah and Ouray Reservation.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 10/7/21. (alf) |
Filing 127 ORDER granting #123 Motion for Admission Pro Hac Vice of Attorney Frances C. Bassett for Ute Indian Tribe of the Uintah and Ouray Reservation.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 10/7/21. (alf) |
Filing 126 MOTION for Admission Pro Hac Vice of Joanne H. Curry , Registration fee $ 250, receipt number AUTDC-4134061,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Stieff, J.) |
Filing 125 MOTION for Admission Pro Hac Vice of Michael W. Holditch , Registration fee $ 250, receipt number AUTDC-4134053,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Stieff, J.) |
Filing 124 MOTION for Admission Pro Hac Vice of Jeremy J. Patterson , Registration fee $ 250, receipt number AUTDC-4134043,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Stieff, J.) |
Filing 123 MOTION for Admission Pro Hac Vice of Frances C. Bassett , Registration fee $ 250, receipt number AUTDC-4134029,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Stieff, J.) |
Filing 122 NOTICE of Appearance by J. Preston Stieff on behalf of Ute Indian Tribe of the Uintah and Ouray Reservation (Stieff, J.) |
Filing 121 ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge Jill N. Parrish for all further proceedings. Signed by Judge Dale A. Kimball on 10/4/2021. (eat) |
Filing 120 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Brigman Lee Harman, for Defendants Bureau of Indian Affairs, Bureau of Reclamation, Deb Haaland, United States Department of Interior. (nl) |
Filing 119 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Daniel Sage Ward, for Defendant Utah Water Conservancy District. (nl) |
Filing 118 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Rollie Wilson, for Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (nl) |
Filing 117 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Frances C. Bassett, Jeremy J. Patterson, Joanne Harmon Curry and Michael W. Holditch, for Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation. (nl) |
Filing 116 Case transferred in from USDC of District of Columbia; Case Number 1:18-cv-00547. Original file, certified copy of transfer order and docket sheet received. USDC of Utah case number 2:21-cv-00573-DAK, assigned to Judge Dale A. Kimball. |
Filing 115 ORDER. Signed by Judge Carl J. Nichols on September 15, 2021. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 114 MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on September 15, 2021. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 113 NOTICE TO THE COURT by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 112 NOTICE OF SUBSTITUTION OF PARTIES by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 111 NOTICE by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: #1 Exhibit A, Petition for Rehearing En Banc)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Video Motion Hearing held on 7/16/2021 re Motions #67 , #68 , #69 , #70 , and #95 . Motions taken under advisement. Further Order/Opinion to be issued by the Court. Court Reporter: Lorraine Herman. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
Filing 110 NOTICE by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: #1 Exhibit A, CBD Opinion)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 109 NOTICE of Appearance by Scott D. Cheney on behalf of GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN (Cheney, Scott) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Hearings: Motion Hearing set for 7/16/2021 at 01:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of Plaintiffs' #108 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. The Parties shall appear for an oral argument via videoconference on July 16, 2021, at 1:00 pm ET. Signed by Judge Carl J. Nichols on June 22, 2021. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 108 Unopposed MOTION for Extension of Time to RESCHEDULE THE ORAL HEARING ON DEFENDANTS MOTION TO DISMISS by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Text of Proposed Order proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 107 REPLY re #105 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 106 RESPONSE re #105 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Hearings: Motion Hearing RESET for 6/29/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of Plaintiffs' #95 Motion for a Hearing, it is hereby ORDERED that the Motion is GRANTED. The Parties shall appear for an oral argument via videoconference on June 9, 2021, at 2 pm ET. Signed by Judge Carl J. Nichols on May 12, 2021. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Hearings: Motion Hearing set for 6/9/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
Filing 105 NOTICE OF SUPPLEMENTAL AUTHORITY by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Exhibit)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 104 RESPONSE re #92 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit Exhibit A)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 103 REPLY to opposition to motion re #95 MOTION for Hearing re #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #70 MOTION to Dismiss for Lack of Jurisdiction , #67 MOTION to Dismiss Second Amended Complaint filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 102 REPLY to opposition to motion re #94 MOTION for Leave to File a Surreply in Opposition to the State Defendants Motion to Dismiss the Second Amended Complaint filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 101 REPLY to opposition to motion re #93 MOTION for Leave to File Surreply IN RESPONSE TO THE FEDERAL DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 100 RESPONSE re #95 MOTION for Hearing re #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #70 MOTION to Dismiss for Lack of Jurisdiction , #67 MOTION to Dismiss Second Amended Complaint filed by GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN. (McCarrick, Brook) [Transferred from District of Columbia on 9/30/2021.] |
Filing 99 Memorandum in opposition to re #94 MOTION for Leave to File a Surreply in Opposition to the State Defendants Motion to Dismiss the Second Amended Complaint filed by GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN. (McCarrick, Brook) [Transferred from District of Columbia on 9/30/2021.] |
Filing 98 NOTICE OF WITHDRAWAL OF APPEARANCE as to UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. Attorney Thomas W. Fredericks terminated. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 97 NOTICE of Change of Address by Frances C. Bassett (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 96 Memorandum in opposition to re #93 MOTION for Leave to File Surreply filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Sullivan, Sally) Modified docket event/text on 3/11/2021 (eg). [Transferred from District of Columbia on 9/30/2021.] |
Filing 95 MOTION for Hearing re #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #70 MOTION to Dismiss for Lack of Jurisdiction , #67 MOTION to Dismiss Second Amended Complaint by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Text of Proposed Order proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 94 MOTION for Leave to File a Surreply in Opposition to the State Defendants Motion to Dismiss the Second Amended Complaint by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit proposed PLAINTIFF UTE INDIAN TRIBES SURREPLY BRIEF IN RESPONSE TO DEFENDANT STATE OF UTAH, GARY HERBERT, AND TERESA WILHELMSENS REPLY IN SUPPORT OF ITS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT AND MEMORANDUM IN SUPPORT, #2 Text of Proposed Order proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 93 MOTION for Leave to File Surreply by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit Proposed Surreply, #2 Text of Proposed Order Proposed Order)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
NOTICE OF ERROR re #92 NOTICE OF SUPPLEMENTAL AUTHORITY; emailed to sally.sullivan@usdoj.gov, cc'd 32 associated attorneys -- The PDF file you docketed contained errors: 1. Not an active member of this Court's Bar. Renewal needed: https://www.dcd.uscourts.gov/attorney-renewal (zeg, ) [Transferred from District of Columbia on 9/30/2021.] |
Filing 92 NOTICE OF SUPPLEMENTAL AUTHORITY by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: #1 Exhibit A, Ute CFC Decision)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 91 REPLY to opposition to motion re #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Attachments: #1 Exhibit J, Legislative History)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 90 REPLY to opposition to motion re #67 MOTION to Dismiss Second Amended Complaint filed by GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN. (McCarrick, Brook) [Transferred from District of Columbia on 9/30/2021.] |
Filing 89 REPLY to opposition to motion re #70 MOTION to Dismiss for Lack of Jurisdiction filed by UTAH WATER CONSERVANCY DISTRICT. (Ward, Daniel) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines: Replies due by 12/9/2020. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of Defendants' #88 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendants shall file their replies in support of their #67 #68 #70 Motions to Dismiss by December 9, 2020. Signed by Judge Carl J. Nichols on November 18, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 88 Unopposed MOTION for Extension of Time to File Response/Reply as to #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #70 MOTION to Dismiss for Lack of Jurisdiction , #67 MOTION to Dismiss Second Amended Complaint by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Attachments: #1 Text of Proposed Order Proposed Order)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 87 NOTICE of Appearance by Brook McCarrick on behalf of STATE OF UTAH (McCarrick, Brook) [Transferred from District of Columbia on 9/30/2021.] |
Filing 86 LARGE ADDITIONAL ATTACHMENT(S) Appendix Volume III by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION #81 Memorandum in Opposition, filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #82 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #80 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 85 LARGE ADDITIONAL ATTACHMENT(S) Appendix Volume II by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION #81 Memorandum in Opposition, filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #82 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #80 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 84 LARGE ADDITIONAL ATTACHMENT(S) Appendix Volume I - Part B by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION #81 Memorandum in Opposition, filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #82 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #80 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 83 LARGE ADDITIONAL ATTACHMENT(S) Appendix Volume I - Part A by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION #81 Memorandum in Opposition, filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #82 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION, #80 Memorandum in Opposition filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 82 Memorandum in opposition to re #67 MOTION to Dismiss Second Amended Complaint filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Text of Proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 81 Memorandum in opposition to re #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Text of Proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 80 Memorandum in opposition to re #70 MOTION to Dismiss for Lack of Jurisdiction filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit A)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 79 NOTICE OF WITHDRAWAL OF APPEARANCE as to GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN. (Garner, Alison) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of the Parties' #78 Joint Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file its response to Defendants' #67 #68 #70 Motions to Dismiss on or before October 19, 2020. Defendants shall file their Replies on or before November 25, 2020. Signed by Judge Carl J. Nichols on September 10, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines: Response due by 10/19/2020. Reply due by 11/25/2020. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
Filing 78 Joint MOTION for Extension of Time to File Response/Reply as to #68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #70 MOTION to Dismiss for Lack of Jurisdiction , #67 MOTION to Dismiss Second Amended Complaint by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 77 REPLY to opposition to motion re #69 MOTION to Transfer Case to District of Utah filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines: Reply due by 8/13/2020. (zcal) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of Federal Defendant's #76 Motion for Extension of Time to File Reply in Support of Motion to Transfer Venue, and considering that it is unopposed, it is hereby ORDERED that the Motion is GRANTED and that Federal Defendant shall file its Reply on or before August 13, 2020. Signed by Judge Carl J. Nichols on August 5, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 76 MOTION for Extension of Time to File Response/Reply in Support of Motion to Transfer Venue by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: #1 Text of Proposed Order)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 75 Memorandum in opposition to re #69 MOTION to Transfer Case to District of Utah filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit Attachment 1)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 74 NOTICE of Appearance by Timothy R. Pack on behalf of UTAH WATER CONSERVANCY DISTRICT (Pack, Timothy) [Transferred from District of Columbia on 9/30/2021.] |
Filing 73 NOTICE of Appearance by Edwin Barnes on behalf of UTAH WATER CONSERVANCY DISTRICT (Barnes, Edwin) [Transferred from District of Columbia on 9/30/2021.] |
Filing 72 RESPONSE re #69 MOTION to Transfer Case to District of Utah filed by GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN. (Garner, Alison) [Transferred from District of Columbia on 9/30/2021.] |
Filing 71 STANDING ORDER. Signed by Judge Carl J. Nichols on July 20, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. The Court having considered Defendant Central Utah Water Conservancy District's #66 Motion for Admission Pro Hac Vice of Timothy R. Pack, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Timothy R. Pack is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Carl J. Nichols on July 20, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. The Court having considered Defendant Central Utah Water Conservancy District's #65 Motion for Admission Pro Hac Vice of Edwin C. Barnes, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Edwin C. Barnes is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Carl J. Nichols on July 20, 2020. (lccjn3 ) [Transferred from District of Columbia on 9/30/2021.] |
Filing 70 MOTION to Dismiss for Lack of Jurisdiction by UTAH WATER CONSERVANCY DISTRICT (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Ward, Daniel) [Transferred from District of Columbia on 9/30/2021.] |
Filing 69 MOTION to Transfer Case to District of Utah by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: #1 Exhibit A, GRBE Contract, #2 Exhibit B, CBD Complaint, #3 Exhibit C, Transfer Order, #4 Text of Proposed Order Proposed Order)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 68 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: #1 Exhibit A, 1956 Deferral Agreement, #2 Exhibit B, 1967 Midview Exchange Agreement, #3 Exhibit C, Summary Chart, #4 Exhibit D, 2012 Settlement Agreement, #5 Exhibit E, 2019 CFC Complaint, #6 Exhibit F, Testimony of Chairman Luke Duncan, #7 Exhibit G, In re Drainage Area of Uintah Basin and the Lower Green River Basin, #8 Exhibit H, 2006 CFC Complaint, #9 Exhibit I, Statement of Undisputed Facts)(Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 67 MOTION to Dismiss Second Amended Complaint by GARY HERBERT, STATE OF UTAH, TERESA WHILHELMSEN (Attachments: #1 Exhibit A)(Garner, Alison) [Transferred from District of Columbia on 9/30/2021.] |
Filing 66 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Timothy R. Pack, Filing fee $ 100, receipt number ADCDC-7344600. Fee Status: Fee Paid. by UTAH WATER CONSERVANCY DISTRICT (Attachments: #1 Declaration, #2 Text of Proposed Order)(Ward, Daniel) [Transferred from District of Columbia on 9/30/2021.] |
Filing 65 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Edwin C. Barnes, Filing fee $ 100, receipt number ADCDC-7344576. Fee Status: Fee Paid. by UTAH WATER CONSERVANCY DISTRICT (Attachments: #1 Declaration, #2 Text of Proposed Order)(Ward, Daniel) [Transferred from District of Columbia on 9/30/2021.] |
Filing 64 NOTICE of Appearance by Daniel Sage Ward on behalf of UTAH WATER CONSERVANCY DISTRICT (Ward, Daniel) [Transferred from District of Columbia on 9/30/2021.] |
Filing 63 NOTICE of Appearance by Norman K. Johnson on behalf of STATE OF UTAH (Johnson, Norman) [Transferred from District of Columbia on 9/30/2021.] |
NOTICE OF ERROR re #62 Notice (Other); emailed to fbassett@ndnlaw.com, cc'd 20 associated attorneys -- The PDF file you docketed contained errors: 1. All address changes must be done thru pacer. (zeg, ) [Transferred from District of Columbia on 9/30/2021.] |
Filing 62 NOTICE of Change of Firm Affiliation and Address by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Defendant's Motion to Dismiss due by 7/16/2020. Response due by 9/14/2020. Reply due by 10/14/2020. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of the Parties' #60 Joint Status Report it is hereby ORDERED that: on or before July 16, 2020, Defendants shall file their Motion to Dismiss Plaintiff's #57 Second Amended Complaint; on or before September 14, 2020, Plaintiff shall file its Opposition to Defendants' Motion(s) to Dismiss; and on or before October 14, 2020, Defendants shall file their Reply Briefs in Support of their Motion(s) to Dismiss. Signed by Judge Carl J. Nichols on April 28, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 61 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UTAH WATER CONSERVANCY DISTRICT served on 4/13/2020, answer due 5/4/2020 (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 60 Joint STATUS REPORT by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 59 SUMMONS (1) Issued Electronically as to UTAH WATER CONSERVANCY DISTRICT. (eg) [Transferred from District of Columbia on 9/30/2021.] |
Filing 58 REQUEST FOR SUMMONS TO ISSUE re #57 Amended Complaint filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. Related document: #57 Amended Complaint filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION.(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 57 AMENDED COMPLAINT , Second, against All Defendants filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Amended Complaint due by 4/3/2020. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of Plaintiff's #55 Motion for Extending Time and #56 Amended and Unopposed Motion for Extending Time, it is hereby ORDERED that the Motions are GRANTED and that Plaintiff shall file its Amended Complaint on or before April 3, 2020. Signed by Judge Carl J. Nichols on March 23, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 56 Amended MOTION for Extension of Time to File Second Amended Complaint Under the Court's Minute Order of February 18, 2020, Unopposed, by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 55 MOTION for Extension of Time to File Second Amended Complaint Under the Court's Minute Order of February 18, 2020 by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. In light of the February 12, 2020 telephonic Status Conference, it is hereby ORDERED that on or before March 20, 2020, Plaintiff shall file its Second Amended Complaint. It is further ORDERED that on or before April 3, 2020, the Parties shall file a Joint Status Report that sets forth how the Parties intend to proceed. Defendant's obligation to respond to the Second Amended Complaint will be stayed pending the Court's review of the Joint Status Report. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. In light of the February 12, 2020 telephonic Status Conference and the Court's #59 Order Granting Intervention as to Counts One Through Ten and Twelve, it is hereby ORDERED that Plaintiff's #39 Motion for Oral Hearing on Defendants' Motion for Dismissal and Summary Judgment and the State of Utah's Motion to Intervene shall be terminated as moot. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. In light of the February 12, 2020 telephonic Status Conference, it is hereby ORDERED that Plaintiff's #42 Motion to Consolidate and/or Join Cases shall be terminated as moot. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. In light of the February 12, 2020 telephonic Status Conference, it is hereby ORDERED that Plaintiff's #48 Motion for Leave to Submit a Surreply in Opposition to the United States' Motion to Dismiss shall be terminated as moot. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Conference held on 2/12/2020. Plaintiff to amend complaint by 3/20/2020. Parties to file Joint Status Report by 4/3/2020. Defendant's response to amended complaint stayed until the Court sets forth new deadlines, in light of parties' joint status report. (Court Reporter: Timothy Miller) (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
Filing 54 ANSWER to #25 Amended Complaint by STATE OF UTAH.(eg) [Transferred from District of Columbia on 9/30/2021.] |
Filing 53 SURREPLY to re #32 MOTION to Intervene filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachment: #1 Exhibit A)(eg) [Transferred from District of Columbia on 9/30/2021.] |
Filing 52 ORDER granting Utah's Motion to Intervene as to Counts One through Ten and Count Twelve. It is further ORDERED that a telephonic status conference will be held on February 12, 2020, at 11:15 AM. See Order for additional details. Signed by Judge Carl J. Nichols on February 5, 2020. (lccjn3) Modified text on 2/5/2020 (zcdw). [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER. Upon review of Plaintiff's #40 Motion for Leave to Submit a Surreply to the State of Utah's Reply Brief in Support of Its Motion to Intervene, it is hereby ORDERED that the Motion is GRANTED, and the Surreply is deemed filed. Signed by Judge Carl J. Nichols on February 5, 2020. (lccjn3) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Telephone Conference set for 2/12/2020 at 11:15 AM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
Filing 51 NOTICE of Appearance by Sally J. Sullivan on behalf of DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR (Sullivan, Sally) [Transferred from District of Columbia on 9/30/2021.] |
Filing 50 REPLY re #48 MOTION for Leave to File Surreply in Opposition to US Motion to Dismiss filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (jf) [Transferred from District of Columbia on 9/30/2021.] |
Filing 49 Memorandum in opposition to re #48 MOTION for Leave to File Surreply in Opposition to US Motion to Dismiss filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Swanson, Kristofor) [Transferred from District of Columbia on 9/30/2021.] |
Filing 48 MOTION for Leave to File Surreply in Opposition to US Motion to Dismiss by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Exhibit Surreply)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 47 REPLY to opposition to motion re #42 MOTION to Consolidate Cases and/or Join Cases filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 46 NOTICE OF ERRATA by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION re #45 Reply to opposition to Motion, (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 45 REPLY to opposition to motion re #40 MOTION for Leave to File a Surreply to State of Utah's Reply Brief in Support of Its Motion to Intervene filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 44 Memorandum in opposition to re #42 MOTION to Consolidate Cases and/or Join Cases filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Swanson, Kristofor) [Transferred from District of Columbia on 9/30/2021.] |
Filing 43 Memorandum in opposition to re #40 MOTION for Leave to File a Surreply to State of Utah's Reply Brief in Support of Its Motion to Intervene filed by STATE OF UTAH. (Garner, Alison) [Transferred from District of Columbia on 9/30/2021.] |
Filing 42 MOTION to Consolidate Cases and/or Join Cases by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 41 NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF INTERIOR. Attorney Daniela Arregui terminated. (Arregui, Daniela) [Transferred from District of Columbia on 9/30/2021.] |
Filing 40 MOTION for Leave to File a Surreply to State of Utah's Reply Brief in Support of Its Motion to Intervene by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Exhibit Proposed Surreply, #2 Exhibit)(Holditch, Michael) [Transferred from District of Columbia on 9/30/2021.] |
Filing 39 MOTION for Hearing re #32 MOTION to Intervene , #28 MOTION to Dismiss by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Case directly reassigned to Judge Carl J. Nichols. Judge Rosemary M. Collyer is no longer assigned to the case. (rj) [Transferred from District of Columbia on 9/30/2021.] |
Filing 38 REPLY to opposition to motion re #32 MOTION to Intervene filed by STATE OF UTAH. (Attachments: #1 Exhibit A)(Garner, Alison) [Transferred from District of Columbia on 9/30/2021.] |
Filing 37 Memorandum in opposition to re #32 MOTION to Intervene filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Exhibit A)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 36 REPLY to opposition to motion re #28 MOTION to Dismiss filed by RYAN ZINKE. (Attachments: #1 Exhibit Act of 1899, #2 Exhibit Act of 1906, #3 Exhibit S.2969-Title IV Ute Indian Rights Settlement)(Arregui, Daniela) [Transferred from District of Columbia on 9/30/2021.] |
Filing 35 RESPONSE re #32 MOTION to Intervene filed by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR. (Swanson, Kristofor) [Transferred from District of Columbia on 9/30/2021.] |
Filing 34 Memorandum in opposition to re #28 MOTION to Dismiss and Memorandum of Points and Authorities filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. (Attachments: #1 Appendix Volume I, #2 Appendix Volume II, #3 Appendix Volume III)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Response to #32 due by 5/21/2019. Reply to #32 due by 6/4/2019. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Intervene by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #33 Motion for Extension of Time. The Tribe's response to the State of Utah's motion to intervene is due 5/21/19. The State of Utah's reply is due 6/4/19. Signed by Judge Rosemary M. Collyer on 4/26/19. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 32 MOTION to Intervene by STATE OF UTAH (Attachments: #1 Proposed Answer)(Garner, Alison) [Transferred from District of Columbia on 9/30/2021.] |
Filing 31 NOTICE OF CHANGE OF FIRM NAME by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines: The Tribe's Response To The Motion To Dismiss due by 4/29/2019. Government Reply due by 5/20/2019. (mac) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #29 Motion for Extension of Time. The Tribe's response to the motion to dismiss is due April 29, 2019; the government's reply is due May 20, 2019. Signed by Judge Rosemary M. Collyer on 3/29/2019. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 30 NOTICE of Proposed Order by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION re #29 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 28 MOTION to Dismiss by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Attachments: #1 Exhibit Deferral Agreement, #2 Exhibit Midview Exchange Agreement, #3 Exhibit Summary of Claims and Grounds for Dismissal, #4 Exhibit 2012 Settlement Agreement, #5 Exhibit Court of Federal Claims Amended Complaint, #6 Exhibit Congressional Testimony, #7 Exhibit In re Drainage Area, #8 Exhibit 2006 Complaint, #9 Statement of Facts)(Arregui, Daniela); Modified text on 3/25/2019 (tth). [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Motion to dismiss or other response due by 3/23/2019. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
Filing 27 NOTICE by DAVID BERNHARDT, BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR re #22 MOTION to Dismiss MOTION for Partial Summary Judgment MOTION to Transfer Case (Arregui, Daniela) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER denying as moot #22 Motion to Dismiss. Given that the Tribe has filed an amended complaint, the government has informed the Court that it will instead file a new motion to dismiss. That motion, or any other response, is due by March 23, 2019. Signed by Judge Rosemary M. Collyer on 2/4/2019. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 26 NOTICE OF WITHDRAWAL OF APPEARANCE as to UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION. Attorney Michael D. Oeser terminated. (Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 25 AMENDED COMPLAINT (First) against BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE filed by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION.(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER denying #24 Motion to Stay. The Court shall instead extend the deadline for Defendants to respond to the Amended Complaint. Defendants shall respond to the amended complaint no later than 35 days after the Amended Complaint is filed. The Court will also consider additional requests for extension of time, as appropriate. Signed by Judge Rosemary M. Collyer on 1/17/2019. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 24 MOTION for Order For a Stay in Light of Lapse of Appropriations by BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Attachments: #1 Text of Proposed Order)(Arregui, Daniela); Modified event on 1/24/2019 (tth). [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #23 Motion for Extension of Time. Plaintiff's Amended Complaint is due by January 22, 2019; Plaintiff's response to the #22 Motion to Dismiss is due by February 7, 2019. Signed by Judge Rosemary M. Collyer on 10/24/2018. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines: Amended Complaint due by 1/22/2019. Plaintiff's Response To #22 Motion To Dismiss due by 2/7/2019. (mac) [Transferred from District of Columbia on 9/30/2021.] |
Filing 23 Unopposed MOTION for Extension of Time to Amend #1 Complaint, , Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss MOTION for Partial Summary Judgment MOTION to Transfer Case by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Text of Proposed Order proposed Order)(Bassett, Frances) [Transferred from District of Columbia on 9/30/2021.] |
Filing 22 WITHDRAWN PURSUANT TO NOTICE FILED ON 2/4/2019..... MOTION to Dismiss , MOTION for Partial Summary Judgment , MOTION to Transfer Case by BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Attachments: #1 Exhibit Deferral Agreement, #2 Exhibit Midview Exchange Agreement, #3 Declaration Declaration of Robert Craff, #4 Exhibit Summary of Title V Funds, #5 Exhibit Signed Letter by Ute Tribe, #6 Exhibit Settlement Agreement, #7 Exhibit CFC Complaint, #8 Exhibit Testimony of Ute Tribe, #9 Statement of Facts Statement of Undisputed Material Facts)(Arregui, Daniela); Modified on 2/5/2019 (tth). [Transferred from District of Columbia on 9/30/2021.] |
Filing 21 NOTICE of Appearance by Kristofor R. Swanson on behalf of BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Swanson, Kristofor) [Transferred from District of Columbia on 9/30/2021.] |
Filing 20 NOTICE of Appearance by Daniela Arregui on behalf of All Defendants (Arregui, Daniela) [Transferred from District of Columbia on 9/30/2021.] |
Filing 19 NOTICE OF SUBSTITUTION OF COUNSEL by Brigman Lee Harman on behalf of All Defendants Substituting for attorney Anthony P. Hoang (Harman, Brigman) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #18 Unopposed Motion for Extension of Time to Answer. Defendants shall file an Answer or otherwise respond to the Complaint no later than October 16, 2018. No further extensions will be granted. Signed by Judge Rosemary M. Collyer on 8/8/18. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Answer to Complaint due by 10/16/2018. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
Filing 18 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond to Complaint, and [Proposed] Order by BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Attachments: #1 Text of Proposed Order)(Hoang, Anthony) [Transferred from District of Columbia on 9/30/2021.] |
Set/Reset Deadlines/Hearings: Answer to Complaint due by 8/16/2018. (zcdw) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #17 Motion for Extension of Time to Answer. Defendants shall answer the Complaint no later than August 16, 2018. Signed by Judge Rosemary M. Collyer on 5/7/18. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 17 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Or Otherwise Respond to Complaint by BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE (Attachments: #1 Text of Proposed Order)(Hoang, Anthony) [Transferred from District of Columbia on 9/30/2021.] |
Filing 16 NOTICE of Appearance by Anthony P. Hoang on behalf of All Defendants (Hoang, Anthony) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #14 and #15 Motions for Leave to Appear Pro Hac Vice. Attorneys Thomas W. Fredericks and Jeremy J. Patterson may appear pro hac vice on behalf of Plaintiff in this case. Signed by Judge Rosemary M. Collyer on 4/12/18. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy J. Patterson, :Firm- Fredericks Peebles & Morgan LLP, :Address- 1900 Plaza Drive, Louisville, CO 80027. Phone No. - (303) 673-9600. Fax No. - (303) 673-9839 Filing fee $ 100, receipt number 0090-5418220. Fee Status: Fee Paid. by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Declaration of Jeremy J. Patterson, #2 Text of Proposed Order)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas W. Fredericks, :Firm- Fredericks Peebles & Morgan LLP, :Address- 1900 Plaza Drive, Louisville, CO 80027. Phone No. - (303) 673-9600. Fax No. - (303) 673-9839 Filing fee $ 100, receipt number 0090-5418212. Fee Status: Fee Paid. by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Declaration of Thomas W. Fredericks, #2 Text of Proposed Order)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. Michael D. Oeser may appear pro hac vice on behalf of Plaintiff in this case. Signed by Judge Rosemary M. Collyer on 4/10/18. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 13 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael D. Oeser, :Firm- Fredericks Peebles & Morgan LLP, :Address- 1900 Plaza Drive, Louisville, CO 80027. Phone No. - (303) 673-9600. Fax No. - (303) 673-9839 Filing fee $ 100, receipt number 0090-5412673. Fee Status: Fee Paid. by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Declaration of Michael D. Oeser, #2 Text of Proposed Order)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Joanne Harmon Curry may appear pro hac vice on behalf of Plaintiff in this case. Signed by Judge Rosemary M. Collyer on 3/29/2018. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joanne Harmon Curry, :Firm- Fredericks Peebles & Morgan LLP, :Address- 1900 Plaza Drive, Louisville, CO 80027. Phone No. - (303) 673-9600. Fax No. - (303) 673-9839 Filing fee $ 100, receipt number 0090-5394411. Fee Status: Fee Paid. by UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION (Attachments: #1 Declaration of Joanne Harmon Curry, #2 Text of Proposed Order)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/22/2018. (Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/19/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/18/2018. (Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF INTERIOR served on 3/19/2018 (Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RYAN ZINKE served on 3/19/2018 (Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES BUREAU OF RECLAMATION served on 3/19/2018 (Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF INDIAN AFFAIRS served on 3/19/2018 (Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. Michael W. Holditch may appear pro hac vice on behalf of Plaintiff in this case. Signed by Judge Rosemary M. Collyer on 3/20/18.(lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael W. Holditch, :Firm- Fredericks Peebles & Morgan LLP, :Address- 1900 Plaza Drive. Phone No. - (303) 673-9600. Fax No. - (303) 673-9155 Filing fee $ 100, receipt number 0090-5379431. Fee Status: Fee Paid. by UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION (Attachments: #1 Declaration of Michael W. Holditch, #2 Text of Proposed Order)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
MINUTE ORDER granting #4 Motion for Leave to Appear Pro Hac Vice. Frances C. Bassett may appear pro hac vice on behalf of Plaintiff in this case. Signed by Judge Rosemary M. Collyer on 3/19/18. (lcrmc3) [Transferred from District of Columbia on 9/30/2021.] |
Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Frances C. Bassett, :Firm- Fredericks Peebles & Morgan LLP, :Address- 1900 Plaza Drive, Louisville, CO 80027. Phone No. - (303) 673-9600. Fax No. - (303) 673-9839 Filing fee $ 100, receipt number 0090-5377521. Fee Status: Fee Paid. by UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION (Attachments: #1 Declaration of Frances C. Bassett, #2 Text of Proposed Order)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
Filing 3 ERRATA re #1 Complaint by UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION. (Attachments: #1 Errata Complaint)(Wilson, Rollie) Modified to add link on 3/12/2018 (znmw). [Transferred from District of Columbia on 9/30/2021.] |
Filing 2 SUMMONS (6) Issued Electronically as to BUREAU OF INDIAN AFFAIRS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF INTERIOR, RYAN ZINKE, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) [Transferred from District of Columbia on 9/30/2021.] |
Case Assigned to Judge Rosemary M. Collyer. (zsb) [Transferred from District of Columbia on 9/30/2021.] |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5365806) filed by UTE INDIAN TRIBE OF THE UINTAH AND CURAY RESERVATION, UTAH. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Wilson, Rollie) [Transferred from District of Columbia on 9/30/2021.] |
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