Please report issues or defects

 Synopsis

On December 31, 2013, the United States District Court - D.C. Circuit, granted our Motion for Summary Judgment in which the Court nullified the Echo Hawk Determination of August 31, 2011, deciding that he had violated the Administrative Procedures Act by being arbitray, capricious, and acting outside of the law. The Court found that the Tribe could not consist of only the Burley family and that their Resolution of 1998 could not be the governing instrument for the Tribe. The Court ordered the new Assistant Secretary to make a reconsidered determination that is inclusive of the whole community. See document #88

Terms.
   
AS-IA Assistant Secretary - Indian Affairs, the politically appointed head of the BIA.
   
BIA U.S. Bureau of Indian Affairs.
   
DOI U.S. Department of the Interior, the Department under which the BIA exists.
   
DOJ U.S. Department of Justice who provides the legal counsel for the BIA.
   
Defendant The BIA and DOI.
   
IBIA Interior Board of Indian Appeals.
   
Intervenors Silvia Burley as co-Defendant.
   
IRA Indian Reorganization Act of 1934 which governs the organization of tribe.s
   
Plaintiff The Putative Members of the Tribe whom we represent.
   
Tribe California Valley Miwok Tribe a.k.a. Sheep Ranch Rancheria of Me-wuk Indians, California.

Principal Documents.

The Principal Documents upon which the final Court Order was made start with item #30.

In our Pleadings, we assert that the AS-IA, in his Determination of August 31, 2011 violated many aspect of the Administrative Procedures Act - 5 U.S.C. §706(2)(A). Further he allowed illegal contact with representatives of Ms. Burley. And he violated principles of Substantive Due Process, Procedural Due Process, and the Indian Civil Rights Act (which was disallowed by the Court); and his actions damage the members of the Tribe in denying their rightful opportunity to participate in the organization and governance of the Tribe, which will cause them to suffer irreparable injury and financial loss. We argue that Yakima Dixie was never the only member of the Tribe and therefore could not enroll the Burleys without the consent of the community. The AS-IA's "180° change in policy" is prevented or estopped by prior Court decisions, which were made made previously in reference to this very same situation. The both the 1998 Enrollment of the Burleys and the 1998 Resolution on which the AS-IA's Determination are is illegitimate. Other substantive and procedural allegations are also made. See #32, #49, #61, #65.

In the BIA's Pleadings, first they answer with a standard perfunctory response to each of our paragraphs with statements such as: "admitted:", "denied", "the document speaks for itself", etc. This is a standard first response and is not substantive argument - see #34. Then they argue that the August 31 Decision is a Reasoned Decision under the APA and that neither judicial estoppel nor collateral estoppel apply. See #56, #67.

The main documents are:

#49 (Plaintiff's Motion for Summary Judgement of 2012-03-02) and

#56 (Defendant's Cross MOTION for Summary Judgment of 2012-03-29)

#88 (Court Order Granting Our Motion for Summary Judgment)

Early History.

In October, 1999, Bill Martin made a business deal with Yakima Dixie to develop a casino. Subsequently, the BIA told him that Dixie did not control the Tribe but rather Silvia Burley did. Martin and Dixie protested to the BIA - to no avail. In 2001, Dixie filed suit against Burley in Federal court (case CIV.S-01-1389), which was Dismissed in 2002 on the grounds that "... plaintiffs did not exhaust their administrative remedies, it appears that this court lacks jurisdiction over plaintiffs' claims." In 2003, Everone took on the case and, following the prior courts memorandum, filed an administrative appeal on behalf of Dixie with the BIA, which got to the Washington Central office in October 2003. In that same year, the greater Tribal community became involved. Various communications ensued; and in December 2004, Everone and WhiteBear went to D.C. to meet with Michael Smith on the issue. In February 2005, the AS-IA issued a formal Determination that the Tribe is "unorganized" (based on a 2004 Determination of the Superintendent which Burley could have but did not appeal), that Burley did not attempt to organize the Tribe with the community, and that the BIA would help the Tribe organize under the IRA. Burley filed suit in District Court, in opposition, which is dismissed; she appealed to the Court of Appeals which Affirmed the lower court and ruled that the Tribe must be organized by the community along "majoritarian" lines of governance, if it is to receive government benefits. In 2007, the BIA formally identified the Putative Members (lineal descendants of 14 historic persons, ostensibly some 200 adults plus 300 children) as the organizing group and began to move forward with organization, until that was stayed by Burley's IBIA administrative appeal. Thus, from at least April 2007 until December 2010 (3.5 years), the BIA recognized our group as the tribal authority. With Burley's IBIA appeal being dismissed, the matter was sent back to the AS-IA to implement organization. Instead of following the 2007 guidelines of the BIA, the AS-IA decided to over-turn the administrative and court actions, and he identified a 1998 "resolution" which holds that Dixie, Burley, and her daughters are the only members of the Tribe. Thus, ensued the actions below. Among many causes of action, we allege that the AS-IA had been contacted independently by Burley's lobbyist, Wilson Pipestem, which we allege was an improper communication, something which on its own could invalidate the Determination of the AS-IA.

History of Current Litigation.

Responding to the IBIA Determination of January 28 2010, the AS-IA, in a Determination of December 22, 2010 over-turn all of the administrative and court determinations and identified a November 1998 Resolution of Silvia Burley as the organizing premise for the Tribe and which identified herself and daughters and Dixie as the only members of the Tribe - See #A, below. Our attorney, wrote a letter to the DOI requesting a retraction - See #B, below. The Solicitor for the DOI rejected our request - #C. On January 24, 2011, we filed suit (Preliminary Injunction) in District Court, D.C. Circuit - #1. On April 1, 2011, we withdrew our Motion for Injunction because the AS-IA set aside his Determination on April 1, 2011 - #22-1, pending a re-evaluation of that Determination; and the court action was temporarily stayed. In August 31, 2011, AS-IA re-issued his same Determination (ostensibily the set-aside was a delaying tactic), and we filed our First Amended Complaint - #32. In this First Amended Compaint, we allege that the Determination was illegal for various reasons - see #32, pages 24 et seq. The Administrative Record was then file with the Court (i.e., the documents which were in the possession of the BIA and available to the AS-IA in making his Determination) #33. The BIA filed its Answer to our Complaint, which was not a substantive pleading, just answering each of our paragraphs in a perfunctory manner (admitted, denied, the documents speaks for itself, etc.) #34. Silvia Burley filed a petition to be a Party Intervenor-Defendant - #35, which was eventually granted by the Court.

On March 2, 2012, we filed our Memorandum of Points and Authorities in Support of our Summary Judgment, and this is the main pleading - #49.

On March 29, 2012, the Defendant (BIA) filed its Cross Motion for Summary Judgment - #56.

The Intervenor Burley filed a Motion to Dismiss our Complaint - #58.

We filed our Opposition to Intervenor's Motion #58 - #59 as did the BIA - #60.

Various replys and responses ensued which finalized the pleadings - #61- 67.

We and the BIA filed a joint Administrative Record of undisputed facts to help make the Court in having a clear understanding of the factual basis for the allegations - #68.

Court Pleadings

 

U.S. District Court, District of Columbia

401 Courthouse Sq
Alexandria, VA 22314
(703) 299-2100

http://www.dcd.uscourts.gov/

PACER: https://ecf.dcd.uscourts.gov/cgi-bin/login.pl

California Valley Miwok Tribe v. U.S. Government et al.

Case # 1:11-cv-00160

Cause: 05:702 Administrative Procedure Act
Date Filed: 01/24/2011
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant

Judge Richard Roberts, presiding

 


Plaintiff


CALIFORNIA VALLEY MIWOK TRIBE represented by Christopher Michael Loveland
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
1300 I Street, NW /11th Floor East
Washington, DC 20005
(202) 218-0000
Fax: (202) 312-9432
Email: cloveland@sheppardmullin.com
ATTORNEY TO BE NOTICED

Robert J. Uram
SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
Four Embarcadero Center
San Francisco, CA 94111
(415) 434-9100
Fax: 415-434-3947
PRO HAC VICE
ATTORNEY TO BE NOTICED

M. Roy Goldberg
SHEPPARD MULLIN RICHTER & HAMPTON LLP
1300 I Street, NW
11th Floor East
Washington, DC 20005-3314
(202) 218-0007
Fax: (202) 312-9425
Email: rgoldberg@sheppardmullin.com
ATTORNEY TO BE NOTICED

JAMES F. RUSK
SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
Four Embarcadero Center
San Francisco, CA 94111
415-774-3232
Fax: 415-434-3947
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

Plaintiff


TRIBAL COUNCIL

YAKIMA DIXIE

VELMA WHITEBEAR

ANTONIA LOPEZ

MICHAEL MENDIBLES

EVELYN WILSON

ANTOINE AZEVEDO

 

V.


Defendant


KEN SALAZAR
in his official capacity as Secretary of the United States Department of the Interior represented by Kenneth Dean Rooney
U.S. DEPARTMENT OF JUSTICE
ENRD/Natural Resources Section
601 D Street, NW
Washington, DC 20004
(202) 514-9269
Fax: (202) 305-0506
Email: kenneth.rooney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
LARRY ECHO HAWK
in his official capacity as Assistant Secretary-Indian Affairs of the United States Department of the Interior represented by Kenneth Dean Rooney
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
MICHAEL BLACK
in his official capacity as Director of the Bureau of Indian Affairs within the United States Department of the Interior represented by Kenneth Dean Rooney
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.

Intervenor Defendant


CALIFORNIA VALLEY MIWOK TRIBE represented by Robert A. Rosette
ROSETTE & ASSOCIATES, PC
565 West Chandler Boulevard
Suite 212
Chandler, AZ 85225
(480) 889-8990
Fax: (480) 889-8997
Email: rosette@rosettelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Saba Bazzazieh
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

SUMMONS (5) Issued as to MICHAEL BLACK, LARRY ECHO HAWK,

KEN SALAZAR, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 01/25/2011)

 

Color coding: Links to documents are in blue and underlined; Dates in red are BIA; Dates in green are us; Dates in grey are Intervenors; Dates in black are the Court.

 

 Pre-litigation Pleadings
 Date Filed

 #

 Document
     
     
 2010-12-22

A
 Determination of AS-IA.
 2011-01-06

 B
 Tribe (Uram) letter to S-DOI Salazar
 2011-01-21

 C
 Solicitor DOI rejection of reconsideration

 

Litigation Pleadings - Documents 1 - 31 were moot because AS-IA withdrew his original Determination of December 22, 2010. Thus, have have not included links to these document. Where appropriate, they were re-submitted in the subsequent pleadings. The active pleadings resume from Document 30 et seq.
Date Filed

#

Docket Text
     
2011-01-24

1
COMPLAINT against MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR ( Filing fee $ 350, receipt number 4616035910) filed by MICHAEL MENDIBLES, YAKIMA DIXIE, EVELYN WILSON, TRIBAL COUNCIL, ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, VELMA WHITEBEAR, ANTONIA LOPEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(rdj) (Attachment 1 replaced on 1/25/2011) (dr) (Entered: 01/25/2011)
     
2011-01-24 SUMMONS (5) Issued as to MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 01/25/2011) 1 2 3 4 5
     
2011-01-24

2
NOTICE OF RELATED CASE by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. Case related to Case No. 05-739. (rdj) (Entered: 01/25/2011)
     
2011-02-03

3
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. Date of Service Upon U.S. Attorney 1/27/2011. ( Answer due for ALL FEDERAL DEFENDANTS by 3/28/2011.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL BLACK served on 1/27/2011; LARRY ECHO HAWK served on 1/27/2011; KEN SALAZAR served on 1/27/2011 (Goldberg, M.) (Entered: 02/03/2011)
     
2011-02-03

4
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 01/27/2011. (Goldberg, M.) (Entered: 02/03/2011)
     
2011-02-03

5
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to MICHAEL BLACK served on 1/27/2011; LARRY ECHO HAWK served on 1/27/2011; KEN SALAZAR served on 1/27/2011. (See Docket Entry 3 to view document) (jf, ) (Entered: 02/04/2011)
     
2011-03-07

6
NOTICE of Appearance by Kenneth Dean Rooney on behalf of All Defendants (Rooney, Kenneth) (Main Document 6 replaced to correct case number on 3/8/2011) (jf, ). (Entered: 03/07/2011)
     
2011-03-08

7
Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert J. Uram, :Firm- Sheppard Mullin Richter & Hampton LLP, :Address- 4 Embarcadero Center, 17th Floor, San Francisco, CA 94111. Phone No. - (415) 434-9100. Fax No. - (415) 434-3947 by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Exhibit Declaration of Robert J. Uram, # 2 Text of Proposed Order)(Goldberg, M.) (Entered: 03/08/2011)
     
2011-03-16

8
WITHDRAWN BY COUNSEL (SEE DOCKET ENTRY 19 )..... MOTION for Preliminary Injunction by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Affidavit Exhibit 1 to Motion, # 2 Exhibit Exhibit A to Affidavit of Robert Uram, # 3 Exhibit Exhibit B to Affidavit of Robert Uram, # 4 Exhibit Exhibit C to Affidavit of Robert Uram, # 5 Exhibit Exhibit D to Affidavit of Robert Uram, # 6 Exhibit Exhibit E to Affidavit of Robert Uram, # 7 Exhibit Exhibit F to Affidavit of Robert Uram, # 8 Exhibit Exhibit G to Affidavit of Robert Uram, # 9 Exhibit Exhibit H to Affidavit of Robert Uram, # 10 Exhibit Exhibit I to Affidavit of Robert Uram, # 11 Exhibit Exhibit J to Affidavit of Robert Uram, # 12 Exhibit Exhibit K to Affidavit of Robert Uram, # 13 Exhibit Exhibit L to Affidavit of Robert Uram, # 14 Exhibit Exhibit M to Affidavit of Robert Uram, # 15 Exhibit Exhibit N to Affidavit of Robert Uram, # 16 Exhibit Exhibit O to Affidavit of Robert Uram to, # 17 Affidavit Exhibit 2 to Motion, # 18 Affidavit Exhibit 3 to Motion, # 19 Affidavit Exhibit 4 to Motion, # 20 Affidavit Exhibit 5 to Motion, # 21 Affidavit Exhibit 6 to Motion, # 22 Affidavit Exhibit 7 to Motion, # 23 Affidavit Exhibit 8 to Motion, # 24 Affidavit Exhibit 9 to Motion, # 25 Affidavit Exhibit 10 to Motion, # 26 Text of Proposed Order)(Goldberg, M.) Modified on 4/8/2011 (jf, ). (Entered: 03/16/2011)
     
2011-03-17

9
First MOTION for Extension of Time to File Answer by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR (Attachments: # 1 Text of Proposed Order)(Rooney, Kenneth) (Entered: 03/17/2011)
     
2011-03-17 MINUTE ORDER: It is hereby ORDERED that the defendants file by April 1, 2011 their opposition to plaintiffs' motion for a preliminary injunction. Plaintiffs shall file by April 8, 2011 their reply. Signed by Judge Richard W. Roberts on 3/17/11. (lcrwr1) (Entered: 03/17/2011)
     
2011-03-17 MINUTE ORDER: It is hereby ORDERED that the defendants' motion 9 for an extension of time be, and hereby is, GRANTED. Defendants shall file an answer or other response to the plaintiffs' complaint by April 27, 2011. Signed by Judge Richard W. Roberts on 3/17/11. (lcrwr1) (Entered: 03/17/2011)
     
2011-03-17 Set/Reset Deadlines: Defendant's Answer to the Complaint due by 4/27/2011. (hs) (Entered: 03/17/2011)
     
2011-03-17 Set/Reset Deadlines: Defendant's Response to Motion for Preliminary Injunction due by 4/1/2011; Plaintiff's Reply due by 4/8/2011. (hs) (Entered: 03/17/2011)
     
2011-03-17

10
NOTICE of Appearance by Robert A. Rosette on behalf of CALIFORNIA VALLEY MIWOK TRIBE (znmw, ) (Entered: 03/22/2011)
     
2011-03-17

11
MOTION to Intervene as a Defendant by CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1 Text of Proposed Order re Motion to Intervene, # 2 Declaration re Motion to Intervene, # 3 Motion to Dismiss, # 4 Text of Proposed Order re Motion to Dismiss, # 5 Declaration re Motion to Dismiss, # 6 Exhibit A to Declarations re Motion to Intervene and Dismiss, # 7 Exhibit B to Declarations re Motion to Intervene and Dismiss, # 8 Exhibit C to Declarations re Motion to Intervene and Dismiss, # 9 Exhibit D to Declarations re Motion to Intervene and Dismiss, # 10 Exhibit E to Declarations re Motion to Intervene and Dismiss, # 11 Exhibit F to Declarations re Motion to Intervene and Dismiss, # 12 Exhibit G to Declarations re Motion to Intervene and Dismiss)(znmw, ) (Entered: 03/22/2011)
     
2011-03-22

12
NOTICE of Appearance by Christopher Michael Loveland on behalf of All Plaintiffs (Loveland, Christopher) (Entered: 03/22/2011)
     
2011-03-22

13
MOTION to Expedite Time to Rule on the California Valley Miwok's Motion for Leave to Intervene as Defendant by CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1 Affidavit of Robert A. Rosette)(Rosette, Robert) (Entered: 03/22/2011)
     
2011-03-25 MINUTE ORDER: It is hereby ORDERED that the parties file by March 29, 2011 responses to the motion 11 to intervene. Signed by Judge Richard W. Roberts on 3/25/11. (lcrwr1) (Entered: 03/25/2011)
     
2011-03-25 Set/Reset Deadlines: Parties Responses to Motion to Intervene due by 3/29/2011. (hs) (Entered: 03/25/2011)
     
2011-03-29

14
Memorandum in opposition to re 11 MOTION to Intervene filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Exhibit 1 -Affidavit of Robert Uram, # 2 Exhibit A to Robert Uram Affidavit, # 3 Exhibit B to Robert Uram Affidavit)(Goldberg, M.) (Entered: 03/29/2011)
     
2011-03-29

15
ENTERED IN ERROR.....MEMORANDUM re 11 MOTION to Intervene filed by CALIFORNIA VALLEY MIWOK TRIBE by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Rooney, Kenneth) Modified on 3/30/2011 (jf, ). (Entered: 03/29/2011)
     
2011-03-29

16
RESPONSE re 11 MOTION to Intervene filed by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (jf, ) (Entered: 03/30/2011)
     
2011-03-30 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 15 Memorandum was entered in error and will be refiled by the clerk's office under the correct category.(jf, ) (Entered: 03/30/2011)
     
2011-03-30 MINUTE ORDER: It is hereby ORDERED that the California Valley Miwok Tribe file by April 4, 2011 a reply in support of its motion to intervene. Signed by Judge Richard W. Roberts on 3/30/11. (lcrwr1) (Entered: 03/30/2011)
     
2011-03-31 Set/Reset Deadlines: Plaintiff's Reply to Motion to Intervene due by 4/4/2011. (hs) (Entered: 03/31/2011)
     
2011-03-31

17
Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Preliminary Injunction by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR (Attachments: # 1 Text of Proposed Order)(Rooney, Kenneth) (Entered: 03/31/2011)
     
2011-03-31

18
MOTION for Extension of Time to Modify Briefing Schedule by CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1 Affidavit of Robert A. Rosette, # 2 Text of Proposed Order)(Rosette, Robert) (Entered: 03/31/2011)
     
2011-04-01 MINUTE ORDER: It is hereby ORDERED that the defendants' consent motion 17 for an extension of time be, and hereby is, GRANTED. Defendants' opposition to plaintiffs' motion for a preliminary injunction is due by April 5, 2011, and plaintiffs' reply is due by April 12, 2011. Signed by Judge Richard W. Roberts on 4/1/11. (lcrwr1) (Entered: 04/01/2011)
     
2011-04-01 MINUTE ORDER: It is hereby ORDERED that the plaintiffs' consent motion 7 be, and hereby is, GRANTED, and Robert J. Uram is admitted to appear pro hac vice. Signed by Judge Richard W. Roberts on 4/1/11. (lcrwr1) (Entered: 04/01/2011)
     
2011-04-01

19
NOTICE OF WITHDRAWAL OF MOTION by CALIFORNIA VALLEY MIWOK TRIBE re 8 MOTION for Preliminary Injunction as Moot (Attachments: # 1 Exhibit 2011 Decision)(Goldberg, M.) (Entered: 04/01/2011)
     
2011-04-04 Set/Reset Deadlines: Defendant's Response due by 4/5/2011; Plaintiff's Reply due by 4/12/2011. (hs) (Entered: 04/04/2011)
     
2011-04-04

20
REPLY to opposition to motion re 11 MOTION to Intervene filed by CALIFORNIA VALLEY MIWOK TRIBE. (Attachments: # 1 Affidavit of Robert A. Rosette, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Rosette, Robert) (Entered: 04/04/2011)
     
2011-04-07 MINUTE ORDER: In light of the plaintiffs' notice of withdrawal of their motion for a preliminary injunction, it is hereby ORDERED that the California Valley Miwok Tribe's motion 18 for an extension of time be, and hereby is, DENIED as moot. Signed by Judge Richard W. Roberts on 4/7/11. (lcrwr1) (Entered: 04/07/2011)
     
2011-04-22

21
Second MOTION for Extension of Time to File Answer re 1 Complaint, by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR (Attachments: # 1 Text of Proposed Order)(Rooney, Kenneth) (Main Document 21 replaced on 4/26/2011) (jf, ). (Entered: 04/22/2011)
     
2011-04-25 MINUTE ORDER: It is hereby ORDERED that the defendants' unopposed motion 21 for an extension of time be, and hereby is, GRANTED. Defendants' answer or other response to the complaint is due by May 27, 2011. Signed by Judge Richard W. Roberts on 4/25/11. (lcrwr1) (Entered: 04/25/2011)
     
2011-04-25 NOTICE OF ERROR re 21 Motion for Extension of Time to File Answer; emailed to kenneth.rooney@usdoj.gov, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in Error; please refile with correct case number. (znmw, ) (Entered: 04/25/2011)
     
2011-04-26 Set/Reset Deadlines: Answer/Response to the Complaint due by 5/27/2011. (hs) (Entered: 04/26/2011)
     
2011-05-19

22
Joint MOTION to Stay Litigation by ANTOINE AZEVEDO, MICHAEL BLACK, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, LARRY ECHO HAWK, ANTONIA LOPEZ, MICHAEL MENDIBLES, KEN SALAZAR, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Goldberg, M.) (Entered: 05/19/2011)
     
2011-05-25 MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 22 to stay be, and hereby is, GRANTED. The case is stayed and administratively closed until July 7, 2011, by which date the parties shall file a joint status report and proposed order. Signed by Judge Richard W. Roberts on 5/25/11. (lcrwr1) (Entered: 05/25/2011)
     
2011-07-07

23
STATUS REPORT Regarding the Status of the Reconsidered Decision of the Assistant Secretary - Indian Affairs and Motion for Extension of the Temporary Stay of Litigation by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Attachments: # 1 Plaintiffs' Proposed Order, # 2 Defendants' Proposed Order)(Rooney, Kenneth) (Entered: 07/07/2011)
     
2011-07-11

24
ORDER; Granting Joint Motion for Temporary Stay of Litigation, Joint Status Report due by 8/15/2011, Signed by Judge Richard W. Roberts on 7/11/2011. (hs) (Entered: 07/11/2011)
     
2011-08-12

25
STATUS REPORT Regarding the Status of the Reconsidered Decision of the Assistant Secretary - Indian Affairs and Unopposed Motion for Extension of the Temporary Stay of Litigation by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Attachments: # 1 Text of Proposed Order)(Rooney, Kenneth) (Entered: 08/12/2011)
     
2011-08-15

26
ORDER, Staying case until 09/02/11; Joint Status Report due by 9/2/2011. Signed by Judge Richard W. Roberts on 8/12/11. (See Order for detail) (gdf) (Entered: 08/15/2011)
     
2011-08-31    Echo-Hawk-reconsidered-decision-signed.pdf
     
2011-09-01

27
STATUS REPORT AND PROPOSED ORDER REGARDING THE STATUS OF THE RECONSIDERED DECISION OF THE ASSISTANT SECRETARY - INDIAN AFFAIRS by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 09/01/2011)
     
2011-09-02

28
NOTICE of Filing Emergency Supplement to Motion to Intervene by CALIFORNIA VALLEY MIWOK TRIBE re 11 MOTION to Intervene(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosette, Robert) Modified on 9/6/2011 to correct document number (jf, ). (Entered: 09/02/2011)
     
2011-09-06

29
RESPONSE re 28 Notice (Other) Emergency Supplement filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Exhibit A)(Goldberg, M.) (Entered: 09/06/2011)
     
2011-09-09 MINUTE ORDER: In light of the parties' September 1, 2011 joint status report, it is hereby ORDERED that the parties submit by September 16, 2011 a proposed order and joint status report proposing a schedule on which the case should proceed. Signed by Judge Richard W. Roberts on 9/9/11. (lcrwr1) (Entered: 09/09/2011)
     
2011-09-09 Set/Reset Deadlines: Joint Status Report due by 9/16/2011 (hs) (Entered: 09/09/2011)
     
Active Pleadings for Adjudicating The Complaint
     
2011-09-13

30
STATUS REPORT (Joint) by ANTOINE AZEVEDO, MICHAEL BLACK, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, LARRY ECHO HAWK, ANTONIA LOPEZ, MICHAEL MENDIBLES, KEN SALAZAR, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Goldberg, M.) (Entered: 09/13/2011)
     
2011-09-15

31
NOTICE of Proposed Order by ANTOINE AZEVEDO, MICHAEL BLACK, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, LARRY ECHO HAWK, ANTONIA LOPEZ, MICHAEL MENDIBLES, KEN SALAZAR, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON re 30 Status Report (Goldberg, M.) (Entered: 09/15/2011)
     
2011-09-20 MINUTE ORDER: In light of the parties' September 13, 2011 joint status report, it is hereby ORDERED that plaintiffs file amended complaint by October 17, 2011, that defendants answer or otherwise respond to the first amended complaint and lodge the administrative record by December 1, 2011, and that plaintiffs shall have 30 days to review the administrative record and request supplementation or discovery. Signed by Judge Richard W. Roberts on 9/20/11. (lcrwr1) (Entered: 09/20/2011)
     
2011-10-17

32
FIRST AMENDED COMPLAINT against MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR filed by MICHAEL MENDIBLES, YAKIMA DIXIE, EVELYN WILSON, TRIBAL COUNCIL, ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, VELMA WHITEBEAR, ANTONIA LOPEZ.(znmw, ) (Entered: 10/18/2011)
     
2011-12-01

33
ADMINISTRATIVE RECORD Notice of Lodging by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Attachments: # 1 Certificate of Service)(Rooney, Kenneth) (Entered: 12/01/2011)
2011-12-01   The Federal Administrative Record (Documents are cited in the pleadings are reference by number and date of document - e.g. 000006-1916.04.05 original deed purchase of rancheria.pdf.) These may be found by scrolling through the index of the files. Also, the first file is an index to all of the other documents.
2011-12-01

34
ANSWER to 32 Amended Complaint by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. Related document: 32 Amended Complaint filed by TRIBAL COUNCIL, ANTONIA LOPEZ, YAKIMA DIXIE, MICHAEL MENDIBLES, CALIFORNIA VALLEY MIWOK TRIBE, EVELYN WILSON, VELMA WHITEBEAR, ANTOINE AZEVEDO.(Rooney, Kenneth) (Entered: 12/01/2011)
     
2011-12-13

35
Amended MOTION to Intervene by CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1 Statement of Points and Authorities in Support of Proposed Intervenor-Defendant's Motion For Leave to Intervene, # 2 Proposed Order Granting Proposed Intervenor-Defendant's Motion to Intervene, # 3 Motion to Dismiss Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief, # 4 Statement of Points and Authorities in Support of Intervenor-Defendant's Motion to Dismiss, # 5 Declaration of Robert A. Rosette in Support of Intervenor-Defendant's Motion to Dismiss, # 6 Exhibits A-R to Declaration of Robert A. Rosette in Support of Motion to Dismiss, # 7 Proposed Order Granting Intervenor-Defendant's Motion to Dismiss)(Rosette, Robert) (Entered: 12/13/2011)
     
2011-12-13

36
MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) by CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1 Proposed Order Granting Intervenor-Defendant's Motion to Expedite Motion For Leave to Intervene As Defendant)(Rosette, Robert) (Entered: 12/13/2011)
     
2011-12-13

37
AFFIDAVIT re 35 Amended MOTION to Intervene, 36 MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) Declaration of Robert A. Rosette in Support of Amended Motion For Leave to Intervene and Motion to Expedite Consideration of Motion For Leave to Intervene by CALIFORNIA VALLEY MIWOK TRIBE. (Attachments: # 1 Exhibits A-B to Declaration of Robert A. Rosette in Support of Proposed Intervenor-Defendant's Motion to Intervene and Motion to Expedite Consideration of Motion to Intervene)(Rosette, Robert) (Entered: 12/13/2011)
     
2011-12-28

38
Joint MOTION for Briefing Schedule for Cross Motions for Summary Judgment by ANTOINE AZEVEDO, MICHAEL BLACK, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, LARRY ECHO HAWK, ANTONIA LOPEZ, MICHAEL MENDIBLES, KEN SALAZAR, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 12/28/2011)
     
2011-12-29

39
Memorandum in opposition to re 36 MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 12/29/2011)
     
2011-12-29

40
Memorandum in opposition to re 35 Amended MOTION to Intervene filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 12/29/2011)
     
2012-01-03

41
Joint MOTION for Extension of Time to For Plaintiffs to Request Supplementation of the Administrative Record by ANTOINE AZEVEDO, MICHAEL BLACK, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, LARRY ECHO HAWK, ANTONIA LOPEZ, MICHAEL MENDIBLES, KEN SALAZAR, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 01/03/2012)
     
2012-01-09

42
REPLY to opposition to motion re 35 Amended MOTION to Intervene filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 01/09/2012)
     
2012-01-09

43
REPLY to opposition to motion re 36 MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) MOTION to Expedite Consideration of Proposed Intervenor-Defendant's Motion For Leave to Intervene As Defendant (related to Docket No. 35) filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 01/09/2012)
     
2012-01-10

44
NOTICE OF SUPPLEMENTATION OF ADMINISTRATIVE RECORD by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR re 33 Administrative Record (Attachments: # 1 Index to the Supplement of the Administrative Record, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Rooney, Kenneth) (Entered: 01/10/2012)
     
2012-01-12

45
ERRATA Regarding Proposed Intervenor-Defendant's Reply to Plaintiffs' Opposition to its Amended Motion to Intervene as Defendant by CALIFORNIA VALLEY MIWOK TRIBE 42 Reply to opposition to Motion filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 01/12/2012)
     
2012-01-17

46
Memorandum in opposition to re 38 Joint MOTION for Briefing Schedule for Cross Motions for Summary Judgment filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 01/17/2012)
     
2012-02-16

47
Amended MOTION for Briefing Schedule (Joint Motion) for Briefing Schedule for Cross Motions for Summary Judgment by ANTOINE AZEVEDO, MICHAEL BLACK, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, LARRY ECHO HAWK, ANTONIA LOPEZ, MICHAEL MENDIBLES, KEN SALAZAR, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 02/16/2012)
     
2012-02-29

48
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James F. Rusk, :Firm- Sheppard Mullin Richter & Hampton LLP, :Address- 4 Embarcadero Center, 17th Floor, San Francisco, CA 94111. Phone No. - 415-774-3232. Fax No. - 415-434-3947 by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Exhibit Declaration of James F. Rusk, # 2 Text of Proposed Order)(Goldberg, M.) (Entered: 02/29/2012)
     
2012-03-02

49
MOTION for Summary Judgment by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(Goldberg, M.) (Entered: 03/02/2012)
     
2012-03-02

50
ENTERED IN ERROR..... MOTION for Leave to File Supplement to Administrative Record by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Exhibit 1 Affidavit of Robert Uram, # 2 Exhibit 2 Affidavit of Velma WhiteBear, # 3 Text of Proposed Order)(Goldberg, M.) Modified on 3/5/2012 (dr). (Entered: 03/02/2012)
     
2012-03-02

51
MOTION for Leave to File Supplement to Administrative Record by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Exhibit 1 Affidavit of Robert Uram, # 2 Exhibit 2 Affidavit of Velma WhiteBear, # 3 Text of Proposed Order)(Goldberg, M.) (Entered: 03/02/2012)
     
2012-03-05 NOTICE OF CORRECTED DOCKET ENTRY: re 50 MOTION for Leave to File Supplement to Administrative Record was entered in error and counsel has refiled corrected documents as Docket Entry 51 (dr) (Entered: 03/05/2012)
     
2012-03-21 MINUTE ORDER: It is hereby ORDERED that the plaintiffs' unopposed motion 48 be, and hereby is, GRANTED, and James F. Rusk is admitted to appear pro hac vice. Signed by Judge Richard W. Roberts on 3/21/2012. (lcrwr1) (Entered: 03/21/2012)
     
2012-03-26

52
MEMORANDUM OPINION AND ORDER granting the proposed intervenor-defendant's amended motion 35 for leave to intervene as defendant, granting the proposed intervenor-defendant's motion 36 to expedite, granting nunc pro tunc the parties' joint motion 41 to extend time for plaintiffs to request supplementation of the administrative record, granting nunc pro tunc the parties' amended joint motion 47 for briefing schedule, denying as moot the parties' joint motion 38 for briefing schedule, and ordering the parties and the intervenor to meet and confer and file by April 4, 2012 a joint status report and proposed order reflecting deadlines for opposing and replying in support of the intervenor's motion to dismiss and proposing any necessary amendments to the briefing schedule for the parties' cross motions for summary judgment. The Clerk's Office is directed to DOCKET Exhibits 3 through 7 to the proposed intervenor-defendant's amended motion 35 for leave to intervene as the intervenor-defendant's Motion to Dismiss the Plaintiffs' First Amended Complaint. Signed by Judge Richard W. Roberts on 3/26/2012. (lcrwr1) (Entered: 03/26/2012)
     
2012-03-26

53
Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Saba Bazzazieh, :Firm- Rosette, LLP, :Address- 565 W. Chandler Blvd., Suite 212, Chandler, AZ 85225. Phone No. - 480-889-8990. Fax No. - 480-889-8997 by CALIFORNIA VALLEY MIWOK TRIBE (Rosette, Robert) (Entered: 03/26/2012)
     
2012-03-26

54
NOTICE of Proposed Order Granting Consent Motion to Admit Attorney Saba Bazzazieh, Esq. Pro Hac Vice by CALIFORNIA VALLEY MIWOK TRIBE re 53 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Saba Bazzazieh, :Firm- Rosette, LLP, :Address- 565 W. Chandler Blvd., Suite 212, Chandler, AZ 85225. Phone No. - 480-889-8990. Fax No. - 480-889-8997 (Rosette, Robert) (Entered: 03/26/2012)
     
2012-03-27

55
STATUS REPORT reflecting deadlines for briefing Intervenor's Motion to Dismiss by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Attachments: # 1 Text of Proposed Order)(Rooney, Kenneth) (Entered: 03/27/2012)
     
2012-03-29

56
Cross MOTION for Summary Judgment by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR (Attachments: # 1 Memorandum in Support of Federal Defendants' Cross-Motion for Summary Judgment, # 2 Text of Proposed Order)(Rooney, Kenneth) (Entered: 03/29/2012)
     
2012-03-29

 57
RESPONSE re 51 MOTION for Leave to File Supplement to Administrative Record filed by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Rooney, Kenneth) (Entered: 03/29/2012) (Note out of order sequence #.)
     
 2012-03-26  58 MOTION to Dismiss Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief by Intervenor-Defendant CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1 Declaration of Robert A. Rosette, # 2 Exhibit A-R to Declaration of Robert A. Rosette, # 3 Text of Proposed Order)(jf, ) (Entered: 04/05/2012)
2012-04-16 MINUTE ORDER: It is hereby ORDERED that the consent motion 53 be, and hereby is, GRANTED and Saba Bazzazieh is admitted to appear pro hac vice. Signed by Judge Richard W. Roberts on 4/12/2012. (lcrwr1) (Entered: 04/16/2012)
     
2012-04-16 MINUTE ORDER: In light of the parties' March 27, 2012 status report, it is hereby ORDERED that responses to the intervenor's motion to dismiss are due April 20, 2012 and the intervenor's reply is due April 27, 2012. Signed by Judge Richard W. Roberts on 4/12/2012. (lcrwr1) (Entered: 04/16/2012)
     
2012-04-17 Set Deadlines: Responses due by 4/20/2012, Reply due by 4/27/2012. (hs) (Entered: 04/17/2012)
     
2012-04-20

59
Memorandum in opposition to re 58 MOTION to Dismiss filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Goldberg, M.) (Entered: 04/20/2012)
     
2012-04-20

60
RESPONSE re 58 MOTION to Dismiss filed by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Attachments: # 1 Exhibit 1)(Rooney, Kenneth) (Entered: 04/20/2012)
     
2012-04-27

61
REPLY to opposition to motion re 49 MOTION for Summary Judgment <filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Text of Proposed Order) (Goldberg, M.) Modified on 4/30/2012 (jf, ). (Entered: 04/27/2012)
     
2012-04-27

62
REPLY to opposition to motion re 51 MOTION for Leave to File Supplement to Administrative Record filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (Goldberg, M.) (Entered: 04/27/2012)
     
2012-04-27

63
REPLY to opposition to motion re 58 MOTION to Dismiss Plaintiff's First Amended Complaint (Related to Dkt Nos. 58 and 60) filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 04/27/2012)
     
2012-04-27

64
REPLY to opposition to motion re 58 MOTION to Dismiss Plaintiffs' First Amended Complaint (Related to Dkt. Nos. 58 and 59) filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 04/27/2012)
     
2012-04-30 NOTICE OF ERROR re 61 Reply to opposition to Motion; emailed to rgoldberg@sheppardmullin.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. refile same pleading using the Opposition Event (jf, ) (Entered: 04/30/2012)
     
2012-04-30

65
Memorandum in opposition to re 56 Cross MOTION for Summary Judgment filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL. (Attachments: # 1 Text of Proposed Order)(Goldberg, M.) (Entered: 04/30/2012)
     
2012-05-11

66
NOTICE Filing and Service of Appendix of 33 Administrative Record Documents Relied upon in Briefing on Intervenors' Motion to Dismiss by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Goldberg, M.) Modified on 5/14/2012 (jf, ). (Entered: 05/11/2012)
     
2012-05-18

67
REPLY to opposition to motion re 56 Cross MOTION for Summary Judgment filed by MICHAEL BLACK, LARRY ECHO HAWK, KEN SALAZAR. (Rooney, Kenneth) (Entered: 05/18/2012)
     
2012-06-01

 68

Joint - Administrative Record. NOTICE by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON re 33 Administrative Record (Attachments: # 1 Exhibit 1 - Index to Appendix, # 2 Exhibit 2 Part 1, # 3 Exhibit 2 Part 2, # 4 Exhibit 2 Part 3, # 5 Exhibit 2 Part 4, # 6 Exhibit 2 Part 5)(Goldberg, M.) (Entered: 06/01/2012)

 

     
2012-06-01

 69
ADMINISTRATIVE RECORD by ANTOINE AZEVEDO, YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL, VELMA WHITEBEAR, EVELYN WILSON. (See Docket Entry 68 to view document). (znmw, ) (Entered: 06/04/2012)
     
2013-04-15

70
Case reassigned by consent to Judge Barbara Jacobs Rothstein. Judge Richard W.
Roberts no longer assigned to the case. (gt, ) (Entered: 04/15/2013)
     
2013-04-30

 71
STANDING ORDER. Signed by Judge Barbara Jacobs Rothstein on 04/30/2013.
(lcbjr4, ) (Entered: 04/30/2013)
     
 2013-07-05

 72-0
MOTION to Expedite Consideration of the Intervenor-Defendant's Motion to Dismiss
Plaintiffs' First Amended Complaint (Dkt. 58) by CALIFORNIA VALLEY MIWOK
TRIBE (Attachments: # 1 Memorandum in Support Statement of Points and Authorities
in Support of Motion to Expedite Consideration, # 2 Declaration of Saba Bazzazieh in
Support of Motion to Expedite Consideration, # 3 Declaration of Silvia Burley in
Support of Motion to Expedite Consideration)(Rosette, Robert) (Entered: 07/05/2013)
     
 2013-07-05

73
 NOTICE of Proposed Order Granting Motion to Expedite Consideration of Motion to
Dismiss by CALIFORNIA VALLEY MIWOK TRIBE re 72 MOTION to Expedite
Consideration of the Intervenor-Defendant's Motion to Dismiss Plaintiffs' First
Amended Complaint (Dkt. 58) (Rosette, Robert) (Entered: 07/05/2013)
     
 2013-07-19

74-0
Memorandum in opposition to re 72 MOTION to Expedite Consideration of the
Intervenor-Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt.
58) filed by ANTOINE AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE,
YAKIMA DIXIE, ANTONIA LOPEZ, MICHAEL MENDIBLES, TRIBAL COUNCIL,
VELMA WHITEBEAR, EVELYN WILSON. (Attachments: # 1 Exhibit A to
Opposition, # 2 Affidavit, # 3 Exhibit A to Uram Affidavit, # 4 Exhibit B to Uram
Affidavit, # 5 Exhibit C to Uram Affidavit, # 6 Exhibit D to Uram Affidavit, # 7 Exhibit
E to Uram Affidavit, # 8 Exhibit F to Uram Affidavit, # 9 Exhibit G to Uram Affidavit, #
10
Exhibit H to Uram Affidavit, # 11 Exhibit I to Uram Affidavit, # 12 Exhibit J to
Uram Affidavit, # 13 Exhibit K to Uram Affidavit, # 14 Exhibit L to Uram Affidavit, #
15
Exhibit M to Uram Affidavit, # 16 Exhibit N to Uram Affidavit)(Goldberg, M.)
(Entered: 07/19/2013)
     
 2013-07-26

 75
REPLY to opposition to motion re 72 MOTION to Expedite Consideration of the Intervenor-Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt. 58) filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 07/26/2013)
     
 2013-09-06

76
Court - MEMORANDUM ORDER granting in part and denying in part Motion to Dismiss and dismissing as moot Motion to Expedite. Signed by Judge Barbara Jacobs Rothstein on 9/6/13. (Reed, Heather) (Entered: 09/06/2013)
 2013-09-03

77
ORDER granting in part and denying in part Motion to Dismiss and dismissing as moot
Motion to Expedite. Signed by Judge Barbara Jacobs Rothstein on 9/6/13. (Reed,
Heather) (Entered: 09/06/2013)
     
 2013-09-20

78
 Intervenor MOTION for Reconsideration re 77 Order, 76 Order on Motion to Dismiss, Order on Motion to Expedite by CALIFORNIA VALLEY MIWOK TRIBE (Attachments: # 1
Text of Proposed Order Granting Motion for Reconsideration)(Rosette, Robert)
(Entered: 09/20/2013)
 2013-09-20

79
Intervenor MOTION to Stay re 77 Order, 76 Order on Motion to Dismiss, Order on Motion to
Expedite, 78 MOTION for Reconsideration re 77 Order, 76 Order on Motion to
Dismiss, Order on Motion to Expedite by CALIFORNIA VALLEY MIWOK TRIBE
(Rosette, Robert) (Entered: 09/20/2013)
     
 2013-09-23

80
 Court Order - Denying Motion to Stay and extending time
     
 2013-10-02

 81
RESPONSE re 78 MOTION for Reconsideration re 77 Order, 76 Order on Motion to
Dismiss, Order on Motion to Expedite filed by MICHAEL BLACK, LARRY ECHO
HAWK, KENNETH LEE SALAZAR. (Rooney, Kenneth) (Entered: 10/01/2013)
     
 2013-10-04

82
 Plaintiff - Memorandum in opposition to re 78 MOTION for Reconsideration re 77 Order, 76
Order on Motion to Dismiss, Order on Motion to Expedite filed by ANTOINE
AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA
LOPEZ, MICHAEL MENDIBLES. (Goldberg, M.) (Entered: 10/04/2013)
     
 2013-10-04

83
 Intervenor - RESPONSE re 56 Cross MOTION for Summary Judgment (Federal Defendants) filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 10/04/2013)motion summary judgment
 2013-10-08

84
 Intervenor - REPLY to opposition to motion re 78 MOTION for Reconsideration re 77 Order, 76 Order on Motion to Dismiss, Order on Motion to Expedite filed by CALIFORNIA
VALLEY MIWOK TRIBE. (Rosette, Robert) (Entered: 10/08/2013)
     
 2013-10-11

85
 Intervenor-REPLY to opposition to motion re 78 MOTION for Reconsideration re 77 Order, 76 Order on Motion to Dismiss, Order on Motion to Expedite (Reply to Plaintiffs'
Opposition) filed by CALIFORNIA VALLEY MIWOK TRIBE. (Rosette, Robert)
(Entered: 10/11/2013)
     
 2013-10-14

86
 Plaintiff-REPLY re 83 Response to motion /Opposition to Intervenor-Defendant's Brief In
Support of Federal Defendant's Motion for Summary Judgment filed by ANTOINE
AZEVEDO, CALIFORNIA VALLEY MIWOK TRIBE, YAKIMA DIXIE, ANTONIA
LOPEZ, MICHAEL MENDIBLES. (Goldberg, M.) (Entered: 10/14/2013)
     
 2013-11-06

87
 Court Order Denying Intervenor-Defendant_s Motion for Reconsideration
     
 2013-12-13

88
ORDER granting 49 Plaintiffs' Motion for Summary Judgment; finding as moot 51
Motion for Leave to Supplement Administrative Record; denying 56 Federal
Defendants' Motion for Summary Judgment. Signed by Judge Barbara Jacobs
Rothstein on 12/13/13. (Reed, Heather) (Entered: 12/13/2013)
     
2015-03-26  109 Order - Court granting the stipulated agreement between Plaintiff and Defendant BIA to pay Plaintiff $278,691.90 in attorney fees.
     

 US Court of Appeals D.C. Circuit case 14-5014
  2014-1-10

 89
 Intervenor NOTICE OF APPEAL TO DC CIRCUIT COURT as to 88 Order on Motion for
Summary Judgment, Order on Motion for Leave to File,,,, 77 Order, 76 Order on
Motion to Dismiss, Order on Motion to Expedite by CALIFORNIA VALLEY
MIWOK TRIBE. Filing fee $ 505, receipt number 0090-3588461. Fee Status: Fee
Paid. Parties have been notified. (Rosette, Robert) (Entered: 01/10/2014)
     Burley's Appeal was withdrawn on the basis of it being pre-mature.
Both the Tribe and Burley have corresponded to the AS-IA; however, the BIA has never replied or acknowledged such correspondence.