| Court: | dcd |
| Docket #: | 1:99-cv-03261 |
| Case Name: | MUWEKMA TRIBE v. BABBITT, et al |
| PACER case #: | 76315 |
| Date filed: | 1999-12-08 |
| Date terminated: | 2000-06-30 |
| Assigned to: | Judge Ricardo M. Urbina |
| Case Cause: | 05:0706 Judicial Review of Agency Actions |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Defendant |
| Represented Party | Attorney & Contact Info |
| MUWEKMA TRIBE Plaintiff |
Harry R. Sachse |
| BRUCE BABBITT Defendant Secretary of the United States Department of Interior |
R. Anthony Rogers Renita Ford |
| KEVIN GOVER Defendant Assistant Secretary for Indian Affairs |
R. Anthony Rogers Renita Ford |
| MASHPEE WAMPANOAG INDIAN TRIBAL COUNCIL, INC. Movant |
Robert Elijah Jordan , III |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1999-12-08 | 1 | 0 | COMPLAINT filed by plaintiff MUWEKMA TRIBE (tw) (Entered: 12/11/1999) | |||
| 2000-02-01 | 2 | 0 | ATTORNEY APPEARANCE for federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER by Renita Ford (tw) (Entered: 02/08/2000) | |||
| 2000-02-01 | 3 | 0 | MOTION filed by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to extend time to 02/22/00 to answer complaint [1-1] (tw) (Entered: 02/08/2000) | |||
| 2000-02-02 | 4 | 0 | RESPONSE by plaintiff MUWEKMA TRIBE in opposition to motion to extend time to answer complaint [1-1] [3-1]. (tw) (Entered: 02/08/2000) | |||
| 2000-02-18 | 5 | 0 | ORDER by Judge Ricardo M. Urbina: granting motion to extend time to 02/22/00 to answer complaint [1-1] [3-1] by KEVIN GOVER, BRUCE BABBITT ; Answer extended to 2/22/00 for KEVIN GOVER, for BRUCE BABBITT (N) (jwd) (Entered: 02/18/2000) | |||
| 2000-02-22 | 6 | 0 | MOTION filed by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to dismiss complaint [1-1] , or, in the alternative for summary judgment ; declaration (1); exhibits (30) (tb) (Entered: 02/24/2000) | |||
| 2000-02-25 | 7 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE to extend time to respond to defendants' motion to dismiss or alternatively for summary judgment (jf) (Entered: 02/28/2000) | |||
| 2000-02-28 | 8 | 0 | ORDER by Judge Ricardo M. Urbina : granting motion to extend time to respond to defendants' motion to dismiss or alternatively for summary judgment [7-1] by MUWEKMA TRIBE response to dispositive motions due by 3/13/00 ; (N) (jwd) (Entered: 02/28/2000) | |||
| 2000-03-09 | 9 | 0 | JOINT MOTION by plaintiff MUWEKMA TRIBE, federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER for order briefing schedule directing parties to file their summary judgment motions, responses and replies. (tw) Modified on 07/05/2000 (Entered: 03/10/2000) | |||
| 2000-03-14 | 10 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE for summary judgment on the ground that there is no genuine issue of material fact. ; attachments (2) (tw) (Entered: 03/15/2000) | |||
| 2000-03-14 | 11 | 0 | ERRATA by plaintiff MUWEKMA TRIBE of the original signature page of the declaration of Rosemary Cambra filed March 13, 2000. (tw) (Entered: 03/15/2000) | |||
| 2000-04-10 | 12 | 0 | REPLY by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to response to motion to dismiss or [1-1] [6-1], for summary judgment [6-2] (tw) (Entered: 04/11/2000) | |||
| 2000-04-10 | 13 | 0 | RESPONSE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER in opposition to plaintiff's cross motion for [10-1]. (tw) (Entered: 04/11/2000) | |||
| 2000-04-19 | 14 | 0 | REPLY by plaintiff MUWEKMA TRIBE to response to motion for summary judgment on the ground that there is no genuine issue of material fact [10-1] by MUWEKMA TRIBE. (pob) (Entered: 04/20/2000) | |||
| 2000-05-02 | 15 | 0 | MOTION (unopposed) filed by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to modify scheduling order and incorporated memorandum. (tw) (Entered: 05/03/2000) | |||
| 2000-05-30 | 16 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE for leave to file supplemental affidavit in support of motion for summary judgment (tb) (Entered: 05/31/2000) | |||
| 2000-06-09 | 17 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE for leave to file testimony of Kevin Gover in support of motion for summary judgment ; EXHIBIT (TESTIMONY) (tb) (Entered: 06/12/2000) | |||
| 2000-06-15 | 18 | 0 | RESPONSE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER in opposition to plaintiff's motion for leave to file supplemental affidavit [16-1]; attachment (1) (tw) (Entered: 06/16/2000) | |||
| 2000-06-19 | 19 | 0 | MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiff MUWEKMA TRIBE, federal defendants BRUCE BABBITT, and KEVIN GOVER . (bm) (Entered: 06/20/2000) | |||
| 2000-06-19 | 20 | 0 | REPLY by plaintiff MUWEKMA TRIBE to response to motion for leave to file supplemental affidavit in support of motion for summary judgment [16-1] by MUWEKMA TRIBE (bm) (Entered: 06/20/2000) | |||
| 2000-06-26 | 21 | 0 | RESPONSE by federal defendants BRUCE BABBITT, and KEVIN GOVER in opposition to motion for leave to file testimony of Kevin Gover in support of motion for summary judgment [17-1] by MUWEKMA TRIBE . (bm) (Entered: 06/27/2000) | |||
| 2000-06-26 | 22 | 0 | REPLY by plaintiff MUWEKMA TRIBE to response to motion for leave to file testimony of Kevin Gover in support of motion for summary judgment [17-1] by MUWEKMA TRIBE (bm) (Entered: 06/27/2000) | |||
| 2000-06-30 | 23 | 0 | MEMORANDUM OPINION by Judge Ricardo M. Urbina (N) (jwd) (Entered: 07/05/2000) | |||
| 2000-06-30 | 24 | 0 | ORDER by Judge Ricardo M. Urbina : granting motion for summary judgment on the ground that there is no genuine issue of material fact. [10-1] by MUWEKMA TRIBE, granting joint motion for order briefing schedule directing parties to file their summary judgment motions, responses and replies. [9-1] by KEVIN GOVER, BRUCE BABBITT, MUWEKMA TRIBE, denying motion to dismiss complaint [1-1] [6-1] by KEVIN GOVER, BRUCE BABBITT, denying motion for summary judgment [6-2] by KEVIN GOVER, BRUCE BABBITT; directing that the defendant be and hereby directed to submit to the Court by 7/28/00 a proposed scheule for resolving the plaintiff's petition consistent with Memorandum Opinion (N) (jwd) (Entered: 07/05/2000) | |||
| 2000-07-31 | 25 | 0 | ORDER by Judge Ricardo M. Urbina: directing within 90 days of the issuance of this Order, the Branch of Acknowledgment and Research ("BAR") determine whether the Muwekma Tribe's documentation is responsive to the issues raised in the prior technical assistance letter; that BAR place the Muwekma Tribe on active consideration within twelve months of finding that the documentation is responsive; BAR shall file a status report memorializing its finding within 90 days of the issuance of this Order, provided that the BAR determines that the Muwekma Tribe's documentation is not responsive to the issues raised in the prior technical assistance letter; administratively staying this matter pending further notice by the Court. (N) (jwd) (Entered: 07/31/2000) | |||
| 2000-07-28 | 26 | 0 | RESPONSE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER pursuant to this court's order of June 30, 2000 [24-1]. (td) (Entered: 08/01/2000) | |||
| 2000-08-02 | 27 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE to amend order dated July 31, 2000 [25-1]. (td) (Entered: 08/03/2000) | |||
| 2000-08-04 | 28 | 0 | MOTION (AMENDED) filed by plaintiff MUWEKMA TRIBE to amend order [25-1] (tb) (Entered: 08/07/2000) | |||
| 2000-08-10 | 29 | 0 | MOTION filed for MASHPEE WAMP/INDIAN to intervene ; exhibits (1) (tb) (Entered: 08/11/2000) | |||
| 2000-08-18 | 30 | 0 | RESPONSE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER in opposition to motion to amend order [25-1] [28-1] by MUWEKMA TRIBE, motion to amend order dated July 31, 2000 [25-1]. [27-1] by MUWEKMA TRIBE.; exhibits (25) (dam) Modified on 08/21/2000 (Entered: 08/21/2000) | |||
| 2000-08-21 | 31 | 0 | RESPONSE by plaintiff MUWEKMA TRIBE in opposition to motion for MASHPEE WAMP/INDIAN to intervene [29-1] . (tb) (Entered: 08/22/2000) | |||
| 2000-08-29 | 32 | 0 | REPLY by plaintiff MUWEKMA TRIBE in support of their amended motion to amend order [25-1] [28-1] (cjp) (Entered: 08/30/2000) | |||
| 2000-08-29 | 33 | 0 | REPLY by movant MASHPEE WAMP/INDIAN to response to motion for MASHPEE WAMP/INDIAN to intervene [29-1] (tb) (Entered: 08/31/2000) | |||
| 2000-09-05 | 34 | 0 | ORDER by Judge Ricardo M. Urbina : denying motion for MASHPEE WAMP/INDIAN to intervene [29-1] (N) (jwd) Modified on 09/08/2000 (Entered: 09/05/2000) | |||
| 2000-10-30 | 35 | 0 | NOTICE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER that the BAR has determined that the Muwekma Tribe's documentation for federal recognition is sufficiently responsive to the issues raised in the prior technical assistance letters and, therefore, review of the Muwekma Tribe's petition may proceed. (td) (Entered: 10/31/2000) | |||
| 2000-11-03 | 36 | 0 | REPLY by plaintiff MUWEKMA TRIBE to notice [35-1] by KEVIN GOVER, BRUCE BABBITT (aet) (Entered: 11/13/2000) | |||
| 2000-11-17 | 37 | 0 | REPLY by federal defendant BRUCE BABBITT to reply [36-1] by MUWEKMA TRIBE (aet) (Entered: 11/20/2000) | |||
| 2000-12-22 | 38 | 0 | RESPONSE (OPPOSITIONS) by plaintiff MUWEKMA TRIBE to the Court's two questions concerning the relief plaintiff request (adc) (Entered: 01/03/2001) | |||
| 2001-01-02 | 39 | 0 | MOTION (UNOPPOSED) filed by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to extend time to 1/5/01 to respond to plaintiff's response to the Court's Two Questions Concerning the Relief Plaintiff Request. (hsj) Modified on 01/08/2001 (Entered: 01/03/2001) | |||
| 2001-01-03 | 40 | 0 | ORDER by Judge Ricardo M. Urbina : granting motion to extend time to 1/5/01 to respond to plaintiff's response to the Court's Two Questions Concerning the Relief Plaintiff Request. [39-1] by KEVIN GOVER, BRUCE BABBITT (N) (jwd) (Entered: 01/03/2001) | |||
| 2001-01-05 | 41 | 0 | RESPONSE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to order [40-1]; declaration (1) (td) (Entered: 01/08/2001) | |||
| 2001-01-16 | 42 | 0 | MEMORANDUM OPINION by Judge Ricardo M. Urbina granting the Plaintiff's Motion to Amend the Court's Order. (N) (jwd) (Entered: 01/16/2001) | |||
| 2001-01-16 | 43 | 0 | ORDER by Judge Ricardo M. Urbina : granting motion to amend order [25-1] [28-1] by MUWEKMA TRIBE, granting motion to amend order dated July 31, 2000 [25-1]. [27-1] by MUWEKMA TRIBE; directing that BAR shall place the Muwekma Tribe's petition for federalrecognition on active consideration no later that 2/12/01; defendants shall also inform the court in writing within seven business days that they have place plaintiff's petition on active consideration; defendant shall make a final determination of plaitiff's status as an indian tribe no later than 3/11/02; defendant shall issue proposed findings, as comtemplated in 25 C.F.R. section 83.10(h), no later than 7/30/01; defendants shall invite the petitioner and other third parties to submit comments on the proposed findings, as comtemplated in 25 C.F.R. Section 83.10(i), no later than 10/29/01; Muwekma Tribe shall have until 12/27/01 to respond to any comments submitted by third parties; defendants shall issue a final determination on the Muwekma Tribe's petition, as contemplated in 25 C.F.R. Section 83.10(1)(2) and (m) by 3/11/02 (N) (jwd) (Entered: 01/16/2001) | |||
| 2001-01-18 | 44 | 0 | SURREPLY by plaintiff MUWEKMA TRIBE to defendants' response to the court's two questions concerning the relief plaintiff requests; attachments (3); (FIAT. Judge Urbina) (td) (Entered: 01/29/2001) | |||
| 2001-02-15 | 45 | 0 | NOTICE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER of placing Muwekma Tribe on active consideration attachments (aet) Modified on 02/21/2001 (Entered: 02/20/2001) | |||
| 2001-10-25 | 46 | 0 | ORDER by Judge Ricardo M. Urbina: granting plaintiff's moton to extend certain day by thorty days; the petitioner and third parties may submit comments on the proposed findings as comtemplated in 25 C.F.R. Section 83.109i), no later than 11/28/01; as contemplated in 25 C.F.R. Section 83.10(k), the Muwekma Tribe shall have until 1/28/01 to respond to any comments submitted by third parties; defendants shall issue a final determination on the Muwekma Tribe's petition, as contemplated in 25 C.F.R. Section 83.10(1)(2) and (m), by 4/10/02; defendants shall also inform the court in writing within seven (7) business days that they have issued a final determination. (N) (jwd) (Entered: 10/25/2001) | |||
| 2001-10-24 | 47 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE to modify Court's order of 1/16/01 by thirty days (aet) (Entered: 10/26/2001) | |||
| 2001-11-21 | 48 | 0 | MOTION filed by plaintiff MUWEKMA TRIBE to extend certain dates ; attachment (1) (bm) Modified on 11/26/2001 (Entered: 11/26/2001) | |||
| 2001-11-28 | 49 | 0 | ORDER by Judge Ricardo M. Urbina : granting motion to extend certain dates [48-1] by MUWEKMA TRIBE (N) (dcn) (Entered: 11/29/2001) | |||
| 2001-11-30 | 50 | 0 | ATTORNEY APPEARANCE for federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER by Rollin Anthony Rogers (cas) (Entered: 12/03/2001) | |||
| 2001-12-12 | 51 | 0 | MOTION filed by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER to modify paragraph 3 of court's order granting plaintiff's second motion to extend certain dates ; attachments (3) (td) (Entered: 12/13/2001) | |||
| 2001-12-20 | 52 | 0 | RESPONSE by plaintiff MUWEKMA TRIBE in opposition to motion to modify paragraph 3 of court's order granting plaintiff's second motion to extend certain dates [51-1] by KEVIN GOVER, BRUCE BABBITT . (aet) (Entered: 12/21/2001) | |||
| 2002-06-11 | 53 | 0 | MEMORANDUM AND ORDER by Judge Ricardo M. Urbina : denying motion to modify paragraph 3 of court's order granting plaintiff's second motion to extend certain dates [51-1] by KEVIN GOVER, BRUCE BABBITT (N) (jwd) (Entered: 06/11/2002) | |||
| 2002-07-25 | 54 | 0 | MOTION filed by federal defendants BRUCE BABBITT and KEVIN GOVER to modify paragraph 3 of Court's Order entered 11/28/01 ; fifth declaration of R. Lee Fleming (bm) (Entered: 07/26/2002) | |||
| 2002-08-02 | 55 | 0 | ORDER by Judge Ricardo M. Urbina : granting motion to modify paragraph 3 of Court's Order entered 11/28/01 [54-1] by KEVIN GOVER, BRUCE BABBITT; defendant shall issue Final Determination on the Muwekma Tribe's petiton for acknowledgment as an Indian tribe, as contemplated by 5 C.F.R. Part 83, by 9/9/02; defendants shall also inform the Court in writin within seven (7) business days that they have issued the Final Determination (N) (jwd) (Entered: 08/02/2002) | |||
| 2002-09-13 | 56 | 0 | NOTICE by federal defendant BRUCE BABBITT, federal defendant KEVIN GOVER of final determination (aet) (Entered: 09/16/2002) |