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Case TitleCitizens Progressive, et al v. BIA, et al
DistrictDistrict of New Mexico
CityLas Cruces
Case Number2:2001cv01044
Date Filed2001-09-10
Date Closed2002-12-02
JudgeMagistrate Judge Leslie C. Smith
PlaintiffCitizens Progressive Alliance
PlaintiffSteve Cone
DefendantBureau of Indian Affairs
DefendantDepartment of Interior
DefendantUte Mountain Ute Tribe
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2001-09-101COMPLAINT FOR DECLARATORY RELIEF (2 Summons(es) issued) (referred to Magistrate Judge Don J. Svet) (consent forms issued) (mjr) (Entered: 09/11/2001)
2001-09-10FILING FEE PAID: on 9/10/01 in the amount of $150.00, receipt #: 302404. (mjr) Modified on 09/11/2001 (Entered: 09/11/2001)
2001-09-132SERVICE executed upon deft BIA on 8/12/01 by certified mail (mjr) (Entered: 09/13/2001)
2001-09-133SERVICE executed upon deft DOI on 9/12/01 by certified mail (mjr) (Entered: 09/13/2001)
2001-10-024NOTICE by pltfs of consent to proceed before US Magistrate Leslie C. Smith (mjr) (Entered: 10/02/2001)
2001-10-105MOTION by defendants to extend time to answer until 12/1/01 (sl) (Entered: 10/10/2001)
2001-10-106MOTION by defendants for order to facilitate electronic filing (sl) (Entered: 10/10/2001)
2001-10-117ORDER by Magistrate Judge Don J. Svet granting deft's motion to extend time to answer until 12/1/01 [5-1] (cc: all counsel) (sl) (Entered: 10/11/2001)
2001-10-118ORDER by Magistrate Judge Don J. Svet granting deft's motion for order to facilitate electronic filing [6-1] (cc: all counsel*) (sl) (Entered: 10/15/2001)
2001-10-179NOTICE by defendant DOI of consent to proceed before a U.S. Magistrate Judge (sl) (Entered: 10/18/2001)
2001-12-0410ANSWER by BIA, DOI [1-1] (sl) (Entered: 12/05/2001)
2002-01-0411INITIAL SCHEDULING ORDER by Magistrate Judge Don J. Svet Rule 16 scheduling conference set for 2/14/02 @ 3:30 pm; provisional discovery plan and IPTR due 2/04/02 (cc: all counsel*) (jrm) (Entered: 01/04/2002)
2002-01-0712MOTION by movant Southern Ute Indian to intervene as party deft (sl) (Entered: 01/07/2002)
2002-01-0713MEMORANDUM by movant Southern Ute Indian in support of motion to intervene as party deft [12-1] (sl) (Entered: 01/07/2002)
2002-01-0714ANSWER by intervenor Southern Ute Indian Tribe [1-1] (sl) (Entered: 01/07/2002)
2002-01-0715ENTRY OF APPEARANCE for movant Southern Ute Indian by M. Catherine Condon and Scott B. McElroy (sl) (Entered: 01/07/2002)
2002-01-2216MOTION by intervenor Ute Mountain to intervene as party deft (sl) (Entered: 01/23/2002)
2002-01-2217MEMORANDUM by intervenor Ute Mountain in support of motion to intervene as party deft [16-1] (sl) (Entered: 01/23/2002)
2002-01-2218ANSWER of intervenor Ute Mountain Ute Tribe [1-1] (sl) (Entered: 01/23/2002)
2002-01-2219ENTRY OF APPEARANCE for intervenor Ute Mountain by Timothy Vollmann (sl) (Entered: 01/23/2002)
2002-01-3020ORDER by Magistrate Judge Don J. Svet Rule 16 scheduling conference set for 2/14/02 is vacated (cc: all counsel*) (sl) Modified on 01/30/2002 (Entered: 01/30/2002)
2002-01-3021NOTICE by movant Southern Ute Indian & intervenor Ute Mountain of consent to proceed before US Magistrate Judge (js) (Entered: 01/30/2002)
2002-01-3022ORDER by Magistrate Judge Leslie C. Smith granting Southern Ute Indian Tribe & Ute Mountain Indian Tribe motion to intervene as party deft [16-1], [12-1] (cc: all counsel) (js) Modified on 02/07/2002 (Entered: 01/31/2002)
2002-02-0823NOTICE by plaintiffs of proposed briefing schedule (jrm) (Entered: 02/08/2002)
2002-02-1324ORDER by Magistrate Judge Don J. Svet briefing schedule filed: 2/13/02; motion to remand due: 4/1/02; response due: 5/1/02; and reply due: 6/3/02 (cc: all counsel) (sl) (Entered: 02/13/2002)
2002-02-1425ORDER by Magistrate Judge Leslie C. Smith Status conference set for 3/21/02 at 12:15 pm in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 02/14/2002)
2002-02-2726MOTION by plaintiffs for order to appear by telephone at the in-person setting on 3/21/02 (sl) (Entered: 02/28/2002)
2002-03-0727ORDER by Magistrate Judge Leslie C. Smith converting in person status conference into a telephonic status conference for 3/21/02 (cc: all counsel*) (sl) (Entered: 03/07/2002)
2002-03-2128ORDER by Magistrate Judge Leslie C. Smith setting deadlines and status conference Status conference set for 5/10/02 at 1:30 pm (cc: all counsel*) (sl) (Entered: 03/22/2002)
2002-04-1229NOTICE by BIA, DOI of brief statement of the case (sl) (Entered: 04/15/2002)
2002-04-1230NOTICE by BIA, DOI of filing of a Vaughn Index per order of the Court (sl) (Entered: 04/15/2002)
2002-04-2231MOTION by movant Southern Ute Indian for attorney Scott McElroy to appear pro hac vice (sl) (Entered: 04/23/2002)
2002-04-2332ORDER by Magistrate Judge Don J. Svet granting Movant's motion for attorney Scott McElroy to appear pro hac vice [31-1] (cc: all counsel) (sl) (Entered: 04/23/2002)
2002-05-0633RESPONSE by plaintiffs to defts brief statement of case [29-1] (sl) (Entered: 05/07/2002)
2002-05-1334ORDER by Magistrate Judge Leslie C. Smith setting scheduling deadlines re hearing held on 5/9/02; motions and briefs no later than 6/24/02, responses no later than 7/24/02, replies no later than 8/23/02 (cc: all counsel*) (sl) (Entered: 05/14/2002)
2002-05-1335CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Status conference held (sl) (Entered: 05/14/2002)
2002-05-2336DECLARATION re Water Rights by defendant BIA (sl) Modified on 06/13/2002 (Entered: 05/23/2002)
2002-06-2437MOTION by BIA, DOI for summary judgment * (sl) (Entered: 06/24/2002)
2002-06-2438MEMORANDUM by BIA, DOI in support of motion for summary judgment [37-1]* (sl) Modified on 06/24/2002 (Entered: 06/24/2002)
2002-06-2441MOTION by plaintiff Steve Cone for summary judgment * (sl) Modified on 06/25/2002 (Entered: 06/25/2002)
2002-06-2442MEMORANDUM by plaintiff Steve Cone in support of motion for summary judgment * [41-1] (sl) (Entered: 06/25/2002)
2002-06-2443MOTION by plaintiff Citizens Progressive for summary judgment* (sl) Modified on 06/25/2002 (Entered: 06/25/2002)
2002-06-2444MEMORANDUM by plaintiff Citizens Progressive in support of motion for summary judgment* [43-1] (sl) (Entered: 06/25/2002)
2002-06-2446MEMORANDUM by intervenor Ute Mountain in support of motion for summary judgment [45-1] (sl) (Entered: 06/25/2002)
2002-06-2439MOTION by movant Southern Ute Indian for summary judgment (sl) (Entered: 06/25/2002)
2002-06-2440MEMORANDUM by movant Southern Ute Indian in support of motion for summary judgment [39-1] (sl) (Entered: 06/26/2002)
2002-06-2545MOTION by intervenor Ute Mountain for summary judgment (sl) (Entered: 06/25/2002)
2002-06-2547EXHIBIT list by intervenor Ute Mountain in support of motion for summayr judgment [45-1] (sl) (Entered: 06/25/2002)
2002-06-2548APPENDIX (EXHIBITS) filed by pltf Citizens Progressive re memorandum [44-1] (mjr) (Entered: 06/25/2002)
2002-06-2549APPENDIX (EXHIBITS) filed by pltf Steve Cone re memorandum [42-1] (mjr) (Entered: 06/25/2002)
2002-07-2450RESPONSE by movant Southern Ute Indian to motion for summary judgment * [41-1] (sl) (Entered: 07/25/2002)
2002-07-2452RESPONSE by BIA, DOI to motion for summary judgment* [43-1] (sl) (Entered: 07/25/2002)
2002-07-2453MOTION by BIA, DOI for summary judgment against pltf CPA (sl) (Entered: 07/25/2002)
2002-07-2454MEMORANDUM by BIA, DOI in support of motion for summary judgment against pltf CPA [53-1] (sl) (Entered: 07/25/2002)
2002-07-2455RESPONSE by plaintiffs to motion for summary judgment [37-1] (sl) (Entered: 07/25/2002)
2002-07-2456RESPONSE by intervenor Ute Mountain to Steve Cone's motion for summary judgment * [41-1] (sl) (Entered: 07/25/2002)
2002-07-2451RESPONSE by BIA, DOI to motion for summary judgment [41-1] (sl) (Entered: 07/25/2002)
2002-07-2557NOTICE by defendants of attachment to memorandum in support of motion for summary judgment (sl) (Entered: 07/25/2002)
2002-08-0758JOINT MOTION for order to set briefing deadlines by parties (sl) (Entered: 08/07/2002)
2002-08-0859NOTICE by plaintiff Citizens Progressive of filing corrected joint motion to set briefing deadlines (sl) (Entered: 08/08/2002)
2002-08-1960STIPULATED ORDER by Magistrate Judge Leslie C. Smith granting mtn for order to set briefing deadlines; pltfs to file response to mtn for sum/jgm by 8/23/02 & defts to file reply by 9/23/02 [58-1] (cc: all counsel) (vd) (Entered: 08/19/2002)
2002-08-2361REPLY by intervenor Ute Mountain to pltfs response to motion for summary judgment [45-1] (sl) (Entered: 08/23/2002)
2002-08-2368REPLY by defendants to pltf's response to motion for summary judgment against pltf CPA [53-1] (sl) (Entered: 08/26/2002)
2002-08-2362REPLY by movant Southern Ute Indian to response to motion for summary judgment [39-1] (sl) (Entered: 08/26/2002)
2002-08-2563REPLY by plaintiff Steve Cone to defts' response to motion for summary judgment * [41-1] (sl) (Entered: 08/26/2002)
2002-08-2564REPLY by plaintiff Citizens Progressive to response to motion for summary judgment* [43-1] (sl) (Entered: 08/26/2002)
2002-08-2565RESPONSE by plaintiff Citizens Progressive to deft's motion for summary judgment against pltf CPA [53-1]* (sl) Modified on 09/11/2002 (Entered: 08/28/2002)
2002-08-2666NOTICE by Citizens Progressive, Steve Cone of completion of motion packet for summary judgment (pleading #43) (sl) Modified on 09/11/2002 (Entered: 08/26/2002)
2002-08-2667NOTICE by Citizens Progressive, Steve Cone of completion of briefing of motion for summary judgment (pleading #41) (sl) Modified on 09/11/2002 (Entered: 08/26/2002)
2002-08-2670NOTICE of Completion by movant Southern Ute Indian of its motion for summary judgment (pleading 39*) (ild) Modified on 09/11/2002 (Entered: 09/11/2002)
2002-09-0469NOTICE by intervenor Ute Mountain of completion of briefing re motion for summary judgment (sl) (Entered: 09/05/2002)
2002-09-1673NOTICE by defendants of completion of motion packet on motion for summary judgment (sl) (Entered: 09/17/2002)
2002-09-1671NOTICE by defendants of completion of motion packet on motion for summary judgment (sl) (Entered: 09/17/2002)
2002-09-1672REPLY by defendants to response to motion for summary judgment against pltf CPA [53-1] (sl) (Entered: 09/17/2002)
2002-10-1674ORDER by Magistrate Judge Leslie C. Smith requiring in camera review as described herein (cc: all counsel*) (sl) (Entered: 10/18/2002)
2002-12-0275MEMORANDUM, OPINION, AND ORDER: by Magistrate Judge Leslie C. Smith granting defts and intervenors'motion for summary judgment [53-1][45-1] [39-1] [37-1] and denying pltfs' motion for summary judgment* [43-1] [41-1] (cc: counsel*) (sl) (Entered: 12/03/2002)
2002-12-0276JUDGMENT: by Magistrate Judge Leslie C. Smith granting defts' and intervenors' motions for summary judgment [37-1] [39-1] [45-1] [53-1] and that judgment is entered for defts and intervenors against pltfs dismissing case (cc: all counsel*) (sl) Modified on 12/05/2002 (Entered: 12/03/2002)
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