Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the Bureau of Indian Affairs has not yet shown that it conducted an adequate search in response to 10 FOIA requests submitted by the Forest County Potawatomi Community, a Native American tribe located in Crandon, Wisconsin for records concerning an unsuccessful 2004 application submitted by the Menominee Indian Tribe of Wisconsin for a gaming establishment, but Howell agreed with the agency that records created by Analytical Environmental Services, a third-party contractor responsible for preparing the draft and final version of the required environmental impact statement, were not agency records and that the agency had properly withheld certain records under Exemption 4 (confidential business records). The Menominee's application was contingent on the purchase of land suitable for building a casino. In assessing the Menominee's application, the BIA's Midwest Regional Office entered into an agreement with the Menominee and AES. The Secretary of the Interior denied the Menominee's application, the tribe sued, and the case was resolved with an agreement that DOI would withdraw its denial and reconsider the Menominee's application. DOI then approved the Menominee's application, but the Governor of Wisconsin refused to concur, killing the application. In response to the FCPC's requests, the agency disclosed 22,954 pages, but withheld 71 documents. The FCPC challenged the adequacy of the search and the agency's decision to withhold some records under Exemption 4. Howell faulted the agency for failing to produce two records that were attachments to the Secretarial Determination, although the agency insisted without providing any evidence that they had disclosed the two records. Noting that "these constitute 'positive indication of overlooked materials' that preclude a grant of summary judgment to the defendants. . .They may either supplement their declarations to address the genuine issues of material fact the plaintiff raises or else perform an additional search to locate these missing records." FCPC also contended that because the agency oversaw AES's preparation of the EIS, it exercised constructive control over those records. Howell indicated that "that the defendants did not understand AES's internal records to be agency records, is immaterial â€" the objective nature of an agency-third party relationship, not the agency's subjective understanding of a document's status, controls whether an agency 'created or obtained' the document." Nevertheless, after assessing the four factors for determining constructive custody â€" the intent of the creator to relinquish control, the ability of the agency to use and dispose of the record as it sees fit, the extent to which agency personnel read or relied on the record, and the degree to which the document was integrated into the agency's record system â€" Howell found the agency did not exercise constructive control over AES's internal records. Turning to the Exemption 4 claims, the FCPC argued that a tribal government could not have a commercial or financial interest for purposes of the exemption. Howell disagreed, noting instead that "this argument is predicated on a false dichotomy. Simply put, governmental and commercial information are not mutually exclusive categories and, accordingly information provided by a tribal government relating to governmental operations does not preclude such information from being commercial or financial." Howell then explained that because provision of the information was required for the tribe to qualify for a casino its disclosure could not impair the agency's ability to obtain similar information in the future. But she found that the agency had met its burden to show that 'the Menominee faced actual competition with regard to gaming operations in Kenosha and that production of the withheld documents likely would cause them substantial competitive harm."
Issues: Adequacy - Search, Agency Record - Constructive possession, Exemption 4 - Confidential business information

Date Filed	Doc #	Docket Text
2014-12-29	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3947455) filed by FOREST COUNTY POTAWATOMI COMMUNITY.(Whittlesey, Dennis) (Entered: 12/29/2014)
2014-12-29	2	CIVIL COVER SHEET by FOREST COUNTY POTAWATOMI COMMUNITY re 1 Complaint filed by FOREST COUNTY POTAWATOMI COMMUNITY. Related document: 1 Complaint filed by FOREST COUNTY POTAWATOMI COMMUNITY.(Whittlesey, Dennis) (Entered: 12/29/2014)
2014-12-29		Case Assigned to Judge Beryl A. Howell. (sth, ) (Entered: 12/29/2014)
2014-12-29		SUMMONS Not Issued as to KEVIN WASHBURN, PAULA HART, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (sth, ) (Entered: 12/29/2014)
2014-12-29	3	STANDING ORDER. Signed by Judge Beryl A. Howell on December 29, 2014. (lcbah3) (Main Document 3 replaced on 12/29/2014) (zjth, ). (Entered: 12/29/2014)
2014-12-30	4	REQUEST FOR SUMMONS TO ISSUE by FOREST COUNTY POTAWATOMI COMMUNITY re 1 Complaint filed by FOREST COUNTY POTAWATOMI COMMUNITY. Related document: 1 Complaint filed by FOREST COUNTY POTAWATOMI COMMUNITY. (Attachments: # 1 Summons to K. Washburb, # 2 Summons to P. Hart, # 3 Summons to Rosen, # 4 Summons Dept. of Interior, # 5 Summons Midwest Regional BIA, # 6 Summons to Office of Indian Gaming, # 7 Summons to Bureau of Indian Affairs, # 8 Summons to US Attorney's Office, # 9 Summons to Attorney General)(Whittlesey, Dennis) (Entered: 12/30/2014)
2014-12-31	5	SUMMONS (10) Issued Electronically as to CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(rdj) (Entered: 12/31/2014)
2015-01-03	6	REQUEST FOR SUMMONS TO ISSUE K. Washburn by FOREST COUNTY POTAWATOMI COMMUNITY re 1 Complaint filed by FOREST COUNTY POTAWATOMI COMMUNITY. Related document: 1 Complaint filed by FOREST COUNTY POTAWATOMI COMMUNITY.(Whittlesey, Dennis) (Entered: 01/03/2015)
2015-01-05	7	SUMMONS (1) Issued Electronically as to KEVIN WASHBURN. (jf, ) (Entered: 01/05/2015)
2015-01-14	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/5/2015. Answer due for ALL FEDERAL DEFENDANTS by 2/4/2015. (Attachments: # 1 Affidavit)(Whittlesey, Dennis) (Entered: 01/14/2015)
2015-01-15	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on 01/172015 (Whittlesey, Dennis) Modified on 1/16/2015 (jf, ). (Entered: 01/15/2015)
2015-01-28	10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Motion to Appear Pro Hac Vice for Donna M. Connelly, :Firm- The Rothstein Law Firm, :Address- P.O. Box 8180, Santa Fe, NM 87501. Phone No. - 505-988-8004. Filing fee $ 100, receipt number 0090-3976471. Fee Status: Fee Paid. by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Whittlesey, Dennis) (Entered: 01/28/2015)
2015-01-28	11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Motion to Appear Pro Hac Vice for Eric Dalstrom, :Firm- The Rothstein Law Firm, :Address- 80 E. Rio Salado Parkway, Ste. 710,Tempe, AZ 85281. Phone No. - 480-921-9296. Filing fee $ 100, receipt number 0090-3976502. Fee Status: Fee Paid. by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Whittlesey, Dennis) (Entered: 01/28/2015)
2015-01-28	12	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Motion to Appear Pro Hac Vice for Richard W. Hughes, :Firm- The Rothstein Law Firm, :Address- 1215 Paseo De Peralta, P.O. Box 8180,Santa Fe, New Mexico 87504. Phone No. - 505.988.8004. Filing fee $ 100, receipt number 0090-3976518. Fee Status: Fee Paid. by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Whittlesey, Dennis) (Entered: 01/28/2015)
2015-01-28	13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Motion to Appear Pro Hac Vice for Kristina Martinez, :Firm- The Rothstein Law Firm, :Address- 1215 Paseo De Peralta, P.O. Box 8180,Santa Fe, New Mexico 87504. Phone No. - 505-988-8004. Filing fee $ 100, receipt number 0090-3976529. Fee Status: Fee Paid. by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Whittlesey, Dennis) (Entered: 01/28/2015)
2015-01-28	14	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Motion to Appear Pro Hac Vice for April E. Olson, :Firm- The Rothstein Law Firm, :Address- 80 E. Rio Salado Parkway,Suite 710,Tempe, AZ 85281. Phone No. - 480-921-9296. Filing fee $ 100, receipt number 0090-3976532. Fee Status: Fee Paid. by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Whittlesey, Dennis) (Entered: 01/28/2015)
2015-01-28		MINUTE ORDER (paperless) GRANTING the plaintiff's 10 , 11 , 12 , 13 , and 14 Motions for Admission Pro Hac Vice . Ms. Donna M. Connolly, Esq., Mr. Eric Dahlstrom, Esq., Mr. Richard W. Hughes, Esq., Ms. Kristina E. Martinez, Esq., and Ms. April E. Olson, Esq., may enter their appearances for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on January 28, 2015. (lcbah3) (Entered: 01/28/2015)
2015-02-02	15	NOTICE of Appearance by Heather D. Graham-Oliver on behalf of CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Graham-Oliver, Heather) (Entered: 02/02/2015)
2015-02-02	16	Consent MOTION for Extension of Time to respond to Plaintiff's Complaint by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 02/02/2015)
2015-02-02		MINUTE ORDER (paperless) GRANTING the defendants' 16 Consent Motion for Extension of Time to File Responsive Pleading. The defendants shall, by March 6, 2015, respond to the plaintiffs' 1 Complaint. Signed by Judge Beryl A. Howell on February 2, 2015. (lcbah1) (Entered: 02/02/2015)
2015-02-02		Set/Reset Deadlines: Answer to the Complaint due by 3/6/2015. (tg, ) (Entered: 02/02/2015)
2015-02-03	17	NOTICE of Appearance by Richard W. Hughes on behalf of FOREST COUNTY POTAWATOMI COMMUNITY (Hughes, Richard) (Entered: 02/03/2015)
2015-02-06	18	NOTICE of Appearance by Donna M. Connolly on behalf of FOREST COUNTY POTAWATOMI COMMUNITY (Connolly, Donna) (Entered: 02/06/2015)
2015-02-06	19	NOTICE of Appearance by Kristina Martinez on behalf of FOREST COUNTY POTAWATOMI COMMUNITY (Martinez, Kristina) (Entered: 02/06/2015)
2015-02-09	20	NOTICE of Appearance by Eric Nicholas Dahlstrom on behalf of FOREST COUNTY POTAWATOMI COMMUNITY (Dahlstrom, Eric) (Entered: 02/09/2015)
2015-02-09	21	NOTICE of Appearance by April E. Olson on behalf of FOREST COUNTY POTAWATOMI COMMUNITY (Olson, April) (Entered: 02/09/2015)
2015-03-06	22	Consent MOTION for Extension of Time to respond to Plaintiff's Complaint by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/06/2015)
2015-03-06		MINUTE ORDER (paperless) GRANTING the defendants' 22 Consent Motion for Extension of Time to File Responsive Pleading. The defendants shall, by March 20, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 6, 2015. (lcbah1) (Entered: 03/06/2015)
2015-03-09		Set/Reset Deadlines: Answer to the Complaint due by 3/20/2015. (tg, ) (Entered: 03/09/2015)
2015-03-19	23	Consent MOTION for Extension of Time to respond to Plaintiff's Complaint by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/19/2015)
2015-03-19		MINUTE ORDER (paperless) GRANTING the defendants' 23 Consent Motion for Extension of Time to File Responsive Pleading. The defendants shall, by March 24, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 19, 2015. (lcbah1) (Entered: 03/19/2015)
2015-03-20		Set/Reset Deadlines: Answer to the complaint due by 3/24/2015. (ztg, ) (Entered: 03/20/2015)
2015-03-24	24	ANSWER to Complaint by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS.(Graham-Oliver, Heather) (Entered: 03/24/2015)
2015-03-26	25	Amended ANSWER to Complaint by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS.(Graham-Oliver, Heather) (Entered: 03/26/2015)
2015-04-07	26	STATUS REPORT (JOINT) AND PROPOSED SCHEDULING ORDER by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Graham-Oliver, Heather) (Entered: 04/07/2015)
2015-04-07		MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, pursuant to the parties' 26 Joint Report and Proposed Briefing Schedule: the defendants shall, by April 30, 2015, file any Motion on the Pleadings; the plaintiff shall, by June 1, 2015, file any opposition; the defendants shall, by June 12, 2015, file any reply. The defendants shall complete production of all responsive materials other than those they contend are exempt by May 28, 2015, and produce any Vaughn index by June 11, 2015. The parties shall, within fourteen days of the Court's ruling on the defendants' motion on the pleadings, or by June 25, 2015, whichever date is later, submit jointly a proposed schedule for the filing and briefing of dispositive motions, if necessary. Signed by Judge Beryl A. Howell on April 7, 2015. (lcbah1) (Entered: 04/07/2015)
2015-04-08		Set/Reset Deadlines: Motion on the pleadings due by 4/30/2015; Opposition due by 6/1/2015; Reply due by 6/12/2015; Production of responsive materials except those exempt due by 5/28/2015; Vaughn Index due by 6/11/2015; Joint Proposed Schedule for the Filing and Briefing of Dispositive Motions due fourteen days of the Court's ruling on the defendants' motion on the pleadings or 6/25/2015, whichever date is later. (tg, ) (Entered: 04/08/2015)
2015-06-17	27	Consent MOTION for Order Amending Original Scheduling Order by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 06/17/2015)
2015-06-18		MINUTE ORDER (paperless) GRANTING the defendants' 27 Consent Motion to Amend Scheduling Order. The defendants shall, by June 19, 2015, produce any and all remaining non-exempt material from the Central Office and the Office of Indian Gaming ("OIG"); the defendants shall, by June 26, 2015, provide Vaughn indices from the Central Office and the OIG to the FOIA requester; the Midwest Regional Office shall, by July 10, 2015, complete review of documents and produce a Vaughn index to the FOIA requester; the parties shall, by July 17, 2015, propose jointly a schedule for the filing and briefing of dispositive motions. Signed by Judge Beryl A. Howell on June 18, 2015. (lcbah1) (Entered: 06/18/2015)
2015-06-18	28	NOTICE OF WITHDRAWAL OF COUNSEL by FOREST COUNTY POTAWATOMI COMMUNITY (Martinez, Kristina) (Entered: 06/18/2015)
2015-06-18		Set/Reset Deadlines: Defendants' production of non-exempt material from the Central Office and the Office of Indian Gaming due by 6/19/2015; Defendants' production of Vaughn indices from the Central Office and the OIG to the FOIA requester due by 6/26/2015; Midwest Regional Office's complete review of documents and production of Vaughn index to the FOIA requester due by 7/10/2015; Joint proposed schedule for the filing of briefing and dispositive motions due by 7/17/2015. (tg) (Entered: 06/18/2015)
2015-07-17	29	MOTION for Order Requiring Defendants to File Status Report by FOREST COUNTY POTAWATOMI COMMUNITY (Hughes, Richard) (Entered: 07/17/2015)
2015-07-17	30	STATUS REPORT AND PROPOSED SCHEDULING ORDER by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 07/17/2015)
2015-07-20		MINUTE ORDER (paperless) DIRECTING the plaintiff to file any response to the defendants' 30 Status Report and Proposed Scheduling Order by July 21, 2015 at 5:00 p.m. Signed by Judge Beryl A. Howell on July 20, 2015. (lcbah1) (Entered: 07/20/2015)
2015-07-20		Set/Reset Deadlines: Response to 30 Status Report and Proposed Scheduling Order due by 5:00 PM on 7/21/2015. (tg) (Entered: 07/20/2015)
2015-07-21	31	RESPONSE re Order to Defendants Status Report filed by FOREST COUNTY POTAWATOMI COMMUNITY. (Hughes, Richard) (Entered: 07/21/2015)
2015-07-21		MINUTE ORDER (paperless) AMENDING, in light of the defendants' 30 Status Report and Proposed Scheduling Order and the plaintiff's 31 Response, this Court's scheduling order of June 18, 2015 as follows: the defendants shall, by July 22, 2015, produce to the plaintiff a Vaughn index based on the "Central Office files;" the defendants shall, by July 29, 2015, produce all remaining non-exempt material and produce a Vaughn Index for those documents withheld; the parties shall, by August 6, 2015, file a joint proposed schedule for the filing and briefing of dispositive motions. In light of the foregoing, the plaintiff's 29 Motion for Order Requiring Defendants to File Status Report is DENIED as moot. Signed by Judge Beryl A. Howell on July 21, 2015. (lcbah1) (Entered: 07/21/2015)
2015-07-22		Set/Reset Deadlines: Vaughn Index due by 7/22/2015, Production of remaining non-exempt material and production of a Vaughn Index for those documents withheld due by 7/29/2015; Joint proposed schedule due by 8/6/2015. (tg) (Entered: 07/22/2015)
2015-08-06	32	STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Graham-Oliver, Heather) (Entered: 08/06/2015)
2015-08-07		MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER, in light of the parties' 32 Joint Proposed Schedule for the Filing of Briefing and Dispositive Motions: the plaintiff shall, by October 5, 2015, submit to the defendants any responses and/or objections to the defendants' Vaughn Indices; the parties shall attempt to resolve any disputes related to the Vaughn Indices by December 3, 2015; the defendants shall, by January 31, 2016, file any dispositive motion; the plaintiff shall, by February 29, 2016, file any opposition and/or cross-motion; the defendants shall, by March 21, 2016, file any replies and/or oppositions to cross-motion; the plaintiff shall, by April 11, 2016, file any reply. If necessary, the plaintiff shall, within 90 days from the date of any Court Order approving discovery regarding the plaintiff's "policy and practice claim," found in Count II of the 1 Complaint, serve its initial discovery requests; the plaintiff shall serve follow-up discovery requests and take any depositions deemed necessary expeditiously and pursuant to the Federal Rules of Civil Procedure; if necessary, the plaintiff shall file any dispositive motion regarding the policy and practice claim by September 1, 2016. Signed by Judge Beryl A. Howell on August 7, 2015. (lcbah1) (Entered: 08/07/2015)
2015-08-07		Set/Reset Deadlines: Responses due by 10/5/2015; Resolution of any disputes related to the Vaughn Indices due by 12/3/2015; Dispositive Motion due by 1/31/2016; Cross-Motion/Opposition to Dispositive Motion due by 2/29/2016; Opposition to Cross-Motion/Reply to Opposition to Dispositive Motion due by 3/21/2016; Dispositive Motion regarding the policy and practice claim, if necessary, due by 9/1/2016. (tg) (Entered: 08/07/2015)
2015-10-05	33	NOTICE of Service of Plaintiff's Response and Objection to the Vaughn Index by FOREST COUNTY POTAWATOMI COMMUNITY re Scheduling Order,,,,, (Hughes, Richard) (Entered: 10/05/2015)
2015-11-04	34	NOTICE of Service of Plaintiff's First Amended Response and Objection to the Vaughn Index by FOREST COUNTY POTAWATOMI COMMUNITY re 33 Notice (Other) (Connolly, Donna) (Entered: 11/04/2015)
2016-02-01	35	Consent MOTION for Extension of Time to File Dispositive Motion by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Graham-Oliver, Heather) (Entered: 02/01/2016)
2016-02-02		MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendants' 35 Consent Motion for Extension of Time to File Responsive Pleading. Accordingly the SCHEDULING ORDER is modified as follows: the defendants shall, by March 16, 2016, file any dispositive motion; the plaintiff shall, by April 18, 2016, file any opposition and/or cross-motion; the defendants shall, by May 6, 2016, file any reply and/or oppositions to cross-motion; and the plaintiff shall, by May 19, 2016, file any reply. Signed by Judge Beryl A. Howell on February 2, 2016. (lcbah1) (Entered: 02/02/2016)
2016-02-02		Set/Reset Deadlines: Dispositive Motion due by 3/16/2016; Cross Motion and Opposition to Dispositive Motion due by 4/18/2016; Opposition to Cross-Motion and Reply to Opposition to Dispositive Motion due by 5/6/2016; Reply to Opposition to Cross Motion due by 5/19/2016. (tg) (Entered: 02/02/2016)
2016-03-16	36	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/16/2016)
2016-03-17		MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendants' 36 Unopposed Motion for Extension of Time to File Motion for Summary Judgment. Accordingly, any dispositive motions shall be filed by April 15, 2016. Signed by Judge Beryl A. Howell on March 17, 2016. (lcbah1) (Entered: 03/17/2016)
2016-03-17		Set/Reset Deadlines: Dispositive Motions due by 4/15/2016. (tg) (Entered: 03/17/2016)
2016-04-13	37	Consent MOTION for Extension of Time to File Motion for Summary Judgment with request to Amend Existing Scheduling Order by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/13/2016)
2016-04-13		MINUTE ORDER (paperless) GRANTING the defendants' 37 Consent Motion for Extension of Time to File Motion for Summary Judgment. Accordingly the SCHEDULING ORDER is MODIFIED as follows: the defendants shall, by May 16, 2016, file any motion for summary judgment; the plaintiff shall, by June 27, 2016, file any opposition and cross-motion for summary judgment; the defendants shall, by July 26, 2016, file any reply in support of their motion for summary judgment and opposition to the plaintiff's cross-motion; the plaintiff shall, by August 8, 2016, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on April 13, 2016. (lcbah1) (Entered: 04/13/2016)
2016-04-14		Set/Reset Deadlines: The defendants shall, by 5/16/2016, file any motion for summary judgment; the plaintiff shall, by 6/27/2016, file any opposition and cross-motion for summary judgment; the defendants shall, by 7/26/2016, file any reply in support of their motion for summary judgment and opposition to the plaintiff's cross-motion; the plaintiff shall, by 8/08/2016, file any reply in support of its cross-motion. (ad) (Entered: 04/14/2016)
2016-05-16	38	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Reed C. Bienvenu, :Firm- The Rothstein Law Firm, :Address- P.O. Box 8180, Santa Fe, NM 87501. Phone No. - 505-988-8004. Fax No. - 505.982.0307 Filing fee $ 100, receipt number 0090-4528837. Fee Status: Fee Paid. by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Declaration Exhibit A, # 2 Text of Proposed Order Proposed Order)(Whittlesey, Dennis) (Entered: 05/16/2016)
2016-05-16		MINUTE ORDER (paperless) GRANTING the plaintiff's 38 Motion for Admission Pro Hac Vice . Mr. Reed Bienvenue, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Chief Judge Beryl A. Howell on April 16, 2016. (lcbah1) (Entered: 05/16/2016)
2016-05-16	39	NOTICE of Appearance by Reed C. Bienvenu on behalf of FOREST COUNTY POTAWATOMI COMMUNITY (Hughes, Richard) Modified on 5/17/2016 (znmw). (Entered: 05/16/2016)
2016-05-17	40	MOTION to Modify Scheduling Order by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 05/17/2016)
2016-05-19		MINUTE ORDER (paperless) GRANTING the defendants' unopposed 40 Motion for Leave to Amend Scheduling Order. Accordingly, the defendants shall, by June 1, 2016, file any motion for summary judgment; the plaintiff shall, by July 13, 2016, file any opposition and cross-motion for summary judgment; the defendants shall, by July 26, 2016, file any replies in support of their own motion for summary judgment and any opposition to the plaintiff's cross-motion; the plaintiff shall, by August 8, 2016, file any reply in support of its own cross-motion. Signed by Chief Judge Beryl A. Howell on May 19, 2016. (lcbah1) (Entered: 05/19/2016)
2016-05-19		Set/Reset Deadlines: Summary Judgment motion due by 6/1/2016; Cross-Motion/Response to Motion for Summary Judgment due by 7/13/2016; Opposition to Cross-Motion/Reply to Motion for Summary Judgment due by 7/26/2016; Reply to Cross Motion due by 8/8/2016. (tg) (Entered: 05/20/2016)
2016-06-01	41	Unopposed MOTION to Modify Scheduling Order by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 06/01/2016)
2016-06-01		MINUTE ORDER (paperless) GRANTING the defendants' unopposed 41 Motion to Amend Scheduling Order. Accordingly, the Scheduling Order is amended as follows: the defendants shall, by June 3, 2016, file their motion for summary judgment; the plaintiff shall, by July 15, 2016, file any opposition and cross-motion for summary judgment; the defendants shall, by July 28, 2016, file any replies in support of their motion and any opposition to any cross-motion; and the plaintiff shall, by August 10, 2016, file any reply in support of its own cross-motion. Signed by Chief Judge Beryl A. Howell on June 1, 2016. (lcbah1) (Entered: 06/01/2016)
2016-06-02		Set/Reset Deadlines: Summary Judgment motion due by 6/3/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 7/15/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 7/28/2016; Reply to Cross Motion due by 8/10/2016. (tg) (Entered: 06/02/2016)
2016-06-03	42	Unopposed MOTION to Modify Scheduling Order by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 06/03/2016)
2016-06-03		MINUTE ORDER (paperless) GRANTING the defendants' unopposed 42 Motion to Modify Scheduling Order. Accordingly, the Scheduling Order is amended as follows: the defendants shall, by June 9, 2016, file their motion for summary judgment; the plaintiff shall, by July 22, 2016, file any opposition and cross-motion for summary judgment; the defendants shall, by August 4, 2016, file any replies in support of their motion and any opposition to any cross-motion; and the plaintiff shall, by August 17, 2016, file any reply in support of its own cross-motion. Signed by Chief Judge Beryl A. Howell on June 3, 2016. (lcbah1) (Entered: 06/03/2016)
2016-06-06		Set/Reset Deadlines: Summary Judgment motion due by 6/9/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 7/22/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 8/4/2016; Reply to Opposition to Cross Motion due by 8/17/2016. (tg) (Entered: 06/06/2016)
2016-06-09	43	Unopposed MOTION to Amend/Correct Order on Motion to Modify,, Scheduling Order by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 06/09/2016)
2016-06-09		MINUTE ORDER (paperless) GRANTING the defendants' 43 Unopposed Motion to Amend Scheduling Order. Accordingly, the SCHEDULING ORDER is amended as follows: defendants shall, by June 10, 2016, file their motion for summary judgment; the plaintiff shall, by July 25, 2016, file any opposition and cross-motion for summary judgment; the defendants shall, by August 5, 2016, file any reply in support of their own motion for summary judgment and any opposition to the plaintiff's cross-motion; and the plaintiff shall, by August 18, 2016, file any reply in support of its own cross-motion. Signed by Chief Judge Beryl A. Howell on June 9, 2016. (lcbah1) (Entered: 06/09/2016)
2016-06-10		Set/Reset Deadlines: Summary Judgment motion due by 6/10/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 7/25/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 8/5/2016; Reply to Opposition to Cross Motion due by 8/18/2016. (tg) (Entered: 06/10/2016)
2016-06-10	44	MOTION for Summary Judgment by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Statement of Facts SUMF, # 2 Affidavit Corbine Declaration, # 3 Affidavit Paula Hart Declaration, # 4 Affidavit Danks Declaration, # 5 Appendix Defendants' Appendix)(Graham-Oliver, Heather) (Entered: 06/10/2016)
2016-06-13	45	NOTICE OF FILING OF SCOTT DOIG'S DECLARATION AND VAUGHN INDEX by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS re 44 MOTION for Summary Judgment (Attachments: # 1 Declaration Scott Doig Declaration, # 2 Exhibit Vaughn Index)(Graham-Oliver, Heather) (Entered: 06/13/2016)
2016-07-20	46	Unopposed MOTION for Order Amending Scheduling Order by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Dahlstrom, Eric) (Entered: 07/20/2016)
2016-07-20		MINUTE ORDER (paperless) GRANTING the plaintiff's 46 Unopposed Motion to Amend Scheduling Order. Accordingly, the SCHEDULING ORDER is amended as follows: the plaintiff shall, by August 15, 2016, file any opposition to the defendants' motion for summary judgment as well as any cross-motion for summary judgment; the defendants shall, by September 21, 2016, file any reply in support of their motion for summary judgment and opposition to the plaintiffs cross-motion; and the plaintiff shall, by October 12, 2016, file any reply in support of its motion for summary judgment. Signed by Chief Judge Beryl A. Howell on July 20, 2016. (lcbah1) (Entered: 07/20/2016)
2016-07-21		Set/Reset Deadlines: Plaintiff's Cross-Motion and Opposition to defendants' Motion for Summary Judgment due by 8/15/2016; defendants' opposition to plaintiff's Cross-Motion and Reply to plaintiff's opposition to Motion for Summary Judgment due by 9/21/2016; plaintiff's Reply to defendants' opposition to Cross Motion due by 10/12/2016. (tg) (Entered: 07/21/2016)
2016-08-12	47	Unopposed MOTION for Order Amending Scheduling Order by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Dahlstrom, Eric) (Entered: 08/12/2016)
2016-08-12		MINUTE ORDER (paperless) GRANTING the plaintiff's 47 Unopposed Motion to Amend Scheduling Order. Accordingly, the SCHEDULING ORDER is amended as follows: the plaintiff shall, by August 17, 2016, file any opposition to the defendants' motion for summary judgment as well as any cross-motion for summary judgment; the defendants shall, by September 23, 2016, file any reply in support of their motion for summary judgment and opposition to the plaintiff's cross-motion; and the plaintiff shall, by October 17, 2016, file any reply in support of its motion for summary judgment. Signed by Chief Judge Beryl A. Howell on August 12, 2016. (lcbah4) (Entered: 08/12/2016)
2016-08-15		Set/Reset Deadlines: Cross-Motion/Opposition to Motion for Summary Judgment due by 8/17/2016; Opposition to Cross-Motion/ Reply to Opposition to Motion for Summary Judgment due by 9/23/2016; Reply to Opposition to Cross Motion due by 10/17/2016. (tg) (Entered: 08/15/2016)
2016-08-16	48	NOTICE OF SUBSTITUTION OF COUNSEL by Wynne Patrick Kelly on behalf of All Defendants Substituting for attorney Heather D. Graham-Oliver (Kelly, Wynne) (Entered: 08/16/2016)
2016-08-17	49	Cross MOTION for Summary Judgment by FOREST COUNTY POTAWATOMI COMMUNITY (Attachments: # 1 Memorandum in Support and Response to Defendants' Motion for Summary Judgment, # 2 Statement of Facts, # 3 Declaration of April E. Olson, # 4 Exhibit A of Olson Decl., # 5 Exhibit B of Olson Decl., # 6 Exhibit C of Olson Decl., # 7 Exhibit D of Olson Decl., # 8 Exhibit E of Olson Decl., # 9 Exhibit F of Olson Decl., # 10 Exhibit G of Olson Decl., # 11 Exhibit H of Olson Decl., # 12 Exhibit I of Olson Decl., # 13 Exhibit J of Olson Decl., # 14 Exhibit K of Olson Decl., # 15 Exhibit L of Olson Decl., # 16 Exhibit M of Olson Decl., # 17 Exhibit N of Olson Decl., # 18 Exhibit O of Olson Decl., # 19 Exhibit P of Olson Decl., # 20 Exhibit Q of Olson Decl., # 21 Exhibit R of Olson Decl., # 22 Exhibit S of Olson Decl., # 23 Declaration of John Repa, # 24 Exhibit A to Repa Decl., # 25 Exhibit B to Repa Decl., # 26 Exhibit C to Repa Decl., # 27 Exhibit D to Repa Decl., # 28 Text of Proposed Order)(Bienvenu, Reed) (Entered: 08/17/2016)
2016-09-20	50	Consent MOTION for Extension of Time to File Response/Reply as to 49 Cross MOTION for Summary Judgment , 44 MOTION for Summary Judgment by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 09/20/2016)
2016-09-20		MINUTE ORDER (paperless) GRANTING the defendants' 50 Consent Motion for Extension of Time to File Their Response to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of Their Motion for Summary Judgment. Accordingly, the defendants shall, by October 24, 2016, file their combined Response to the plaintiff's 49 Cross-Motion for Summary Judgment and Reply in support of the defendants' 44 Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 20, 2016. (lcbah1) (Entered: 09/20/2016)
2016-09-20		Set/Reset Deadlines: Defendants' combined Response to Plaintiff's Cross Motion for Summary Judgment and Reply in support of their Motion for Summary Judgment due by 10/24/2016. (tg) (Entered: 09/20/2016)
2016-10-21	51	Consent MOTION for Extension of Time to File / Extension of the Briefing Schedule by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/21/2016)
2016-10-24		MINUTE ORDER (paperless) GRANTING the defendant's 51 Consent Motion for Extension of the Briefing Schedule. Accordingly, the Scheduling Order is amended as follows: the defendants shall, by November 14, 2016, file any combined response to the plaintiff's cross-motion for summary judgment and reply in support of the defendants' motion for summary judgment. The plaintiff shall, by December 12, 2016, file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on October 24, 2016. (lcbah1) (Entered: 10/24/2016)
2016-10-24		Set/Reset Deadlines: Defendants' combined response to the plaintiff's cross-motion for summary judgment and reply in support of their motion for summary judgment is due by 11/14/2016; plaintiff's reply, if any, in support of its cross-motion for summary judgment is due by 12/12/2016. (jth) (Entered: 10/24/2016)
2016-11-14	52	Consent MOTION for Extension of Time to File Motion for Summary Judgment and the Briefing Schedule to Allow the Parties to Explore Resolution by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 11/14/2016)
2016-11-15		MINUTE ORDER (paperless) GRANTING the defendants' 52 Consent Motion for Extension of the Briefing Scheduling in this Case. Accordingly, the Scheduling Order is amended as follows: the defendants shall, by December 5, 2016, file any combined response to the plaintiff's cross-motion for summary judgment and reply in support of the defendants' motion for summary judgment. The plaintiff shall, by January 6, 2017, file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on November 15, 2016. (lcbah1) (Entered: 11/15/2016)
2016-11-16		Set/Reset Deadlines: Defendants' response to Cross Motion/Reply is support of Motion for Summary Judgment due by 12/5/2016; Plaintiff's reply in support of Cross-Motion for Summary Judgment due by 1/6/2017. (tg) (Entered: 11/16/2016)
2016-12-02	53	Joint MOTION to Stay the Briefing Schedule by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 12/02/2016)
2016-12-05		MINUTE ORDER (paperless) GRANTING the parties' 53 Joint Motion to Stay the Briefing Schedule. Accordingly, the briefing schedule is stayed for 60 days, and the parties are DIRECTED to file, no later than February 6, 2017, a joint status report advising the Court of the parties' progress toward settlement of this case, unless a stipulation of dismissal has been filed before that date. Signed by Chief Judge Beryl A. Howell on December 5, 2016. (lcbah1) (Entered: 12/05/2016)
2016-12-05		Set/Reset Deadline: The parties are DIRECTED to file, no later than 2/06/2017, a joint status report advising the Court of the parties' progress toward settlement of this case, unless a stipulation of dismissal has been filed before that date. (ad) (Entered: 12/05/2016)
2017-02-06	54	Joint MOTION to Stay re Order on Motion to Stay, Joint Status Report by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 02/06/2017)
2017-02-06		MINUTE ORDER (paperless) GRANTING the parties' 54 Joint Motion to Stay the Briefing Schedule. Accordingly, this action is STAYED until April 7, 2017, by which date the parties shall file a joint status report advising the Court of the parties' progress toward settlement of this case, with a proposed schedule to govern future proceedings in this case, unless a stipulation of dismissal has been filed before that date. Signed by Chief Judge Beryl A. Howell on February 6, 2017. (lcbah1) (Entered: 02/06/2017)
2017-02-06		Case Stayed until 4/7/2017. (tg) (Entered: 02/06/2017)
2017-02-06		Set/Reset Deadlines: Joint Status Report due by 4/7/2017. (tg) (Entered: 02/06/2017)
2017-04-07	55	Consent MOTION for Extension of Time to Complete Briefing to Allow Further Negotiation by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 04/07/2017)
2017-04-07		MINUTE ORDER (paperless) GRANTING the defendants' 55 Consent Motion for Extension of the Briefing Schedule to Allow Further Negotiation. Accordingly, the stay in this action is extended through May 8, 2017, by which date the parties shall file a joint status report advising the Court of the parties' progress toward settlement of this case, with a proposed schedule to govern future proceedings in this case, unless a stipulation of dismissal has been filed before that date. Signed by Chief Judge Beryl A. Howell on April 7, 2017. (lcbah1) (Entered: 04/07/2017)
2017-04-07		Set/Reset Deadlines: Joint Status Report due by 5/8/2017. (tg) (Entered: 04/07/2017)
2017-05-08	56	Consent MOTION for Extension of Time to Continue Negotiations and Stay the Briefing Schedule by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, OFFICE OF INDIAN GAMING, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 05/08/2017)
2017-05-08		MINUTE ORDER (paperless) GRANTING the defendants' 56 Consent Motion for Extension of the Briefing Schedule to Allow Further Negotiation. Accordingly, the stay in this action is extended through June 7, 2017, by which date the parties shall file a joint status report advising the Court of the parties' progress toward settlement of this case, with a proposed schedule to govern future proceedings in this case, unless a stipulation of dismissal has been filed before that date. Signed by Chief Judge Beryl A. Howell on May 8, 2017. (lcbah1) (Entered: 05/08/2017)
2017-05-08		Set/Reset Deadlines: Joint Status Report due by 6/7/2017. (tg) (Entered: 05/08/2017)
2017-06-07	57	Joint MOTION for Briefing Schedule by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 06/07/2017)
2017-06-07		MINUTE ORDER (paperless) in light of the parties' 57 Joint Motion for Briefing Schedule, ISSUING the following revised Scheduling Order to govern further proceedings in this case: The defendants shall, by July 6, 2017, file a combined response to the plaintiff's cross-motion for summary judgment and reply in support of the defendants' motion for summary judgment. The plaintiff shall, by August 7, 2017, file a reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 7, 2017. (lcbah1) (Entered: 06/07/2017)
2017-06-07		Set/Reset Deadlines: Defendant's response to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment due by 7/6/2017; Plaintiff's reply in support of its cross-motion for summary judgment due by 8/7/2017. (tg) (Entered: 06/07/2017)
2017-07-06	58	Memorandum in opposition to re 49 Cross MOTION for Summary Judgment filed by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Delabreau Declaration, # 3 Text of Proposed Order)(Kelly, Wynne) (Entered: 07/06/2017)
2017-07-06	59	REPLY to opposition to motion re 44 MOTION for Summary Judgment filed by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Kelly, Wynne) (Entered: 07/06/2017)
2017-08-07	60	REPLY to opposition to motion re 49 Cross MOTION for Summary Judgment filed by FOREST COUNTY POTAWATOMI COMMUNITY. (Attachments: # 1 Statement of Facts Consolidated Statement of Facts, # 2 Declaration Second A. E. Olson Declaration, # 3 Exhibit Exhibit T to Second A. E. Olson Declaration)(Bienvenu, Reed) (Entered: 08/07/2017)
2017-09-30	61	ORDER GRANTING in part and DENYING in part defendants' 44 Motion for Summary Judgment, and DENYING plaintiff's 49 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on September 30, 2017. (lcbah1) (Entered: 09/30/2017)
2017-09-30	62	MEMORANDUM OPINION regarding the defendants' 44 Motion for Summary Judgment and the plaintiff's 49 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 30, 2017. (lcbah1) (Entered: 09/30/2017)
2017-10-02		Set/Reset Deadlines: Joint proposed schedule due by 10/27/2017. (hmc) (Entered: 10/02/2017)
2017-10-27	63	Joint STATUS REPORT by FOREST COUNTY POTAWATOMI COMMUNITY. (Bienvenu, Reed) (Entered: 10/27/2017)
2017-10-27		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 63 Joint Status Report, the parties to file, by January 11, 2018, an additional Joint Status Report, and to advise the Court of any settlement, in whole or part, that the parties may reach prior to that date. Signed by Chief Judge Beryl A. Howell on October 27, 2017. (lcbah1) (Entered: 10/27/2017)
2017-10-30		Set/Reset Deadlines: Additional Joint Status Report due by 1/11/2018 (hmc) (Entered: 10/30/2017)
2018-01-11	64	Joint STATUS REPORT by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Kelly, Wynne) (Entered: 01/11/2018)
2018-02-26	65	Joint STATUS REPORT by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, SALLY JEWEL, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS. (Kelly, Wynne) (Entered: 02/26/2018)
2018-02-27		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 65 Joint Status Report, the parties to file, by March 28, 2018, an additional joint status report. Signed by Chief Judge Beryl A. Howell on February 27, 2018. (lcbah1) (Entered: 02/27/2018)
2018-02-28		Set/Reset Deadlines: Joint Status Report due by 3/28/2018. (tg) (Entered: 02/28/2018)
2018-03-28	66	Joint STATUS REPORT by CENTRAL OFFICE BUREAU OF INDIAN AFFAIRS, KEVIN WASHBURN, OFFICE OF INDIAN GAMING, PAULA HART, DIANE ROSEN, UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS, RYAN ZINKE. (Kelly, Wynne) (Entered: 03/28/2018)
2018-03-29		MINUTE ORDER (paperless) DIRECTING, in consideration of the parties' 66 joint status report, the plaintiff, by May 29, 2018, to file any motion for attorney's fees. Signed by Chief Judge Beryl A. Howell on March 29, 2018. (lcbah1) (Entered: 03/29/2018)
2018-03-30		Set/Reset Deadlines: Motion for attorney's fees due by 5/29/2018. (tg) (Entered: 03/30/2018)
2018-05-24	67	NOTICE Regarding Motion for Attorneys' Fees by FOREST COUNTY POTAWATOMI COMMUNITY (Bienvenu, Reed) (Entered: 05/24/2018)
2018-06-05		MINUTE ORDER (paperless) DIRECTING, in consideration of the parties' 66 Joint Status Report and the plaintiff's 67 Notice Regarding Motion for Attorneys' Fees, the Clerk to close the case. Signed by Chief Judge Beryl A. Howell on June 5, 2018. (lcbah1) (Entered: 06/05/2018)
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