Chinook Indian Nation et al v. Zinke et al
| Chinook Indian Nation and Anthony A. Johnson |
| Ryan K. Zinke, U.S. Department of Interior, Bureau of Indian Affairs, Office of Federal Acknowledgment, United States of America and Michael S. Black |
| 3:2017cv05668 |
| August 24, 2017 |
| US District Court for the Western District of Washington |
| Tacoma Office |
| King |
| Theresa L Fricke |
| Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 551 |
| None |
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Filing
169
ORDER on Plaintiff's 167 Unopposed Motion to Amend EAJA Petition and Joint Motion to Set Briefing Schedule. Plaintiff's unopposed motion to amend its petition for attorney fees under the Equal Access to Justice Act and the parties' joint motion to set a briefing schedule thereon are granted. The briefing schedule on that petition shall be as follows: Plaintiff's Amended Petition for Fees due 9/4/2024, Defendant's Opposition due 9/27/2024, Plaintiff's Reply due 10/11/2024, Noting Date 10/11/2024. Plaintiff's 166 Motion for Attorney Fees terminated, per chambers direction. Signed by Judge Marsha J. Pechman. (KRA)
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Filing
157
ORDER re Joint Status Report Dkt. No. 156 . The Court agrees with the Parties' proposal as to the entry of judgment. The Court therefore DIRECTS the Clerk to enter judgment on the terms set forth herein. The Court notes that the Parties disagre e as to whether the Court should retain jurisdiction over the remanded claim. To resolve this question, the Court ORDERS the following briefing schedule: Plaintiffs must file a motion asking the Court to retain jurisdiction, which shall be filed by n o later than 5/29/2024. Defendants must file their opposition by no later than 6/4/2024. Plaintiffs may then file a reply by no later than 6/7/2024. The Court also notes that it will consider Plaintiffs' request for attorneys' fees, should it be timely filed. Signed by Judge Marsha J. Pechman. (KRA)
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Filing
155
MINUTE ORDER: The Court has reviewed the Parties' Thirteenth Quarterly Joint Status Report. (Dkt. No. 154 .) The Parties indicate that the funds due to Plaintiffs are awaiting distribution once certain paperwork is prepared and finalized. (Id.) The Parties also indicate that they can provide notice once the funds have been transferred. (Id.) The Court therefore ORDERS the Parties to submit an additional joint status report once all funds have been transferred to Plaintiff or within 60 days of entry of this Minute Order, whichever event occurs first. Authorized by Judge Marsha J. Pechman. (KRA)
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Filing
153
MINUTE ORDER: The Court has reviewed the Parties' Twelfth Quarterly Joint Status Report. (Dkt. No. 152 .) The Parties indicate that the funds due to Plaintiffs are awaiting distribution once certain paperwork is prepared and finalized. (Id. at 2.) The Parties also indicate that they can provide notice once the funds have been transferred. (Id.) The Court therefore ORDERS the Parties to submit an additional joint status report once all funds have been transferred to Plaintiff or within 60 days of entry of this Minute Order, whichever event occurs first. With the report, the Parties must also indicate whether and on what terms the Court may dismiss this matter. The Parties may also address any other issues the Court should consider in resolving this matter. Authorized by Judge Marsha J. Pechman. (KRA)
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Filing
150
MINUTE ORDER: The Court has reviewed the Parties' Eleventh Quarterly Joint Status Report. (Dkt. No. 149 .) The Parties indicate that the Secretary of the Interior approved and signed the proposed Chinook Distribution Plan Package on 9/11/2023, and that it is now subject to a 60-day congressional review period. The Court therefore ORDERS the Parties to submit an additional joint status report by no later than 11/15/2023 that: (1) provides an update on whether the plan has been subject to an y congressional disapproval pursuant to 25 U.S.C. § 1405; (2) indicates whether and on what terms the Court may dismiss this matter if the plan has become effective (i.e., there has been no congressional disapproval); and (3) addresses any other issues the Court should consider in resolving this matter. Authorized by Judge Marsha J. Pechman. (SB)
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Filing
146
MINUTE ORDER: The Court has reviewed the Parties' Tenth Quarterly Joint Status Report. (Dkt. No. 145 .) The Court ORDERS the Parties to submit an additional report that provides an estimate of how much time remains before the Department of Inte rior will complete its review, and, if the review is favorable, how much time it will take to approve the plan and then transmit it to Congress. The additional report must be submitted by no later than 8/29/2023. The Parties shall continue to provide quarterly status reports as ordered by the Court in its 1/21/2021 Order (Dkt. No. 133 ). Authorized by Judge Marsha J. Pechman. (SB)
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Filing
133
ORDER granting in part and denying in part Defendants' 128 Motion for Partial Summary Judgment. Plaintiffs have raised sufficient disputes of material fact precluding summary judgment on their procedural and substantive due process claims. But the issues raised in these claims fall squarely within the primary jurisdiction doctrine and they should be addressed first by the Department of Interior. The Court GRANTS Defendants' Motion on this alternative basis and STAYS the case pe nding the Department's determination of Plaintiffs' status as successors in interest to the Docket 234 Petitioner and as beneficiaries to the Docket 234 Judgment. The Court otherwise DENIES the Motion. Throughout the pendency of the stay, the Parties shall provide quarterly joint status reports to update the Court as to the agency proceedings. Signed by Judge Marsha J. Pechman. (PM)
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Filing
118
ORDER granting 114 Defendants' Motion for Reconsideration; Claims III and V are dismissed WITH PREJUDICE; signed by Judge Ronald B. Leighton.(DN)
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Filing
113
ORDER granting in part and denying in part 102 Plaintiff's Motion for Partial Summary Judgment on Claims VI-VIII; signed by Judge Ronald B. Leighton.(DN)
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Filing
112
ORDER granting in part and denying in part 93 Motion for Partial Summary Judgment; granting in part and denying in part 101 Motion for Summary Judgment; signed by Judge Ronald B. Leighton.(DN)
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Filing
96
ORDER re 89 Stipulation for in camera review of excerpts of administrative record; these internal discussions should not be added to the record; signed by Judge Ronald B. Leighton. (DN)
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Filing
76
ORDER denying 58 Siletz Tribe of Oregon's Motion to Intervene; signed by Judge Ronald B. Leighton.(DN)
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Filing
45
ORDER granting in part and denying in part 32 Defendants' Motion to Dismiss; Claim 1 is GRANTED; Claims 2-5 are DENIED; Claims 6-8 are DENIED; signed by Judge Ronald B. Leighton.(DN)
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