Case: A.D. v. Washburn

2:15-cv-01259 | U.S. District Court for the District of Arizona

Filed Date: July 6, 2015

Closed Date: Dec. 28, 2018

Clearinghouse coding complete

Case Summary

This case is about the adoption of American Indian children under the federal Indian Child Welfare Act. On July 6, 2015, an attorney representing two Indian children as their “next friend,” and two sets of foster parents of (other) American Indian children filed this class action in the U.S. District Court for the District of Arizona. They brought the case on behalf of themselves; all off-reservation Arizona-resident children with Indian ancestry; and all off-reservation non-Indian Arizona-resi…

This case is about the adoption of American Indian children under the federal Indian Child Welfare Act. On July 6, 2015, an attorney representing two Indian children as their “next friend,” and two sets of foster parents of (other) American Indian children filed this class action in the U.S. District Court for the District of Arizona. They brought the case on behalf of themselves; all off-reservation Arizona-resident children with Indian ancestry; and all off-reservation non-Indian Arizona-resident foster, preadoptive, and prospective adoptive parents in child custody proceedings involving a child with Indian ancestry. The plaintiffs sued the Assistant Secretary of the Bureau of Indian Affairs, the Secretary of the Interior and the Director of the Arizona Department of Child Safety. Represented by the Goldwater Institute and a private law firm, the plaintiffs sought declaratory judgment and injunctive relief under 5 U.S.C. §§ 701-706; 28 U.S.C. §§ 2201-2202; and 42 U.S.C. § 1983. The case was assigned to Senior Judge Neil V. Wake.

In general, the plaintiffs requested that the Court declare unconstitutional certain provisions of the Indian Child Welfare Act (ICWA) and the accompanying Bureau of Indian Affairs (BIA) Guidelines and then enjoin their application. Specifically, the plaintiffs claimed that ICWA’s transfer, active efforts, burdens of proof for removal, burdens of proof for termination of parental rights, and placement preference provisions violate the Equal Protection and Due Process Clauses of the Fifth and Fourteenth Amendments by treating Indian children and non-Indian adoptive parents differently than non-Indian children and Indian adoptive parents during child custody proceedings. The plaintiffs also claimed that ICWA exceeds the federal government’s power under the Indian Commerce Clause and the Tenth Amendment by regulating state court proceedings and abrogating state laws concerning foster care placement, pre-adoptive placement and termination of parental rights. Finally, the plaintiffs claimed that ICWA violates the associational freedoms under the First Amendment and that the BIA Guidelines represent unlawful agency action.

On October 29, 2015, the federal and state governments filed motions to dismiss. In their motions, the governments argued that the plaintiffs did not have standing to bring the case because their alleged injuries were theoretical and speculative. Even if they did have standing, the governments argued, the plaintiffs did not state a valid claim for relief because ICWA is constitutional and the BIA Guidelines are not final rules and therefore not agency “action." Several national child welfare programs and Indian rights organizations filed amicus briefs in support of the governments’ motions to dismiss, including the Casey Family Program, the National Indian Child Welfare Association and the National Congress of American Indians.

Before the Court could rule on the governments’ motions, the plaintiffs moved to amend their complaint. The plaintiffs were successful and filed their amended complaint on April 5, 2016. The amended complaint added Title VI of the Civil Rights Act (42 U.S.C. §§ 2000d–2000d-7) as a basis for the Court’s jurisdiction over the plaintiffs’ claims against the state government. The governments refiled their motions to dismiss immediately after the amended complaint was filed.

Shortly thereafter, the Judge Wake granted the motions to intervene of Gila River Indian Community and Navajo Nation, the tribes of the Indian children whose custody was at issue. 2016 WL 5464582. The Tribes immediately filed their own motions to dismiss, arguing (like the federal and state government) that the plaintiffs lacked standing, that their claims were foreclosed by existing Supreme Court precedent and that the Court lacked jurisdiction over non-binding agency action, including the BIA Guidelines.

On March 16, 2017, Judge Wake dismissed the case, holding that the plaintiffs lacked standing to bring the case because they had not suffered a concrete and particularized injury. 2017 WL 1019685. Judge Wake held that the plaintiffs did not specifically show that the challenged ICWA provisions delayed the placement or adoption of the children whose custody was at issue or had otherwise harmed them.

The plaintiffs appealed to the Ninth Circuit Court of Appeals, contending that the individual plaintiffs had standing to seek retrospective and declaratory relief and that the class had standing to seek prospective relief. However, as the appeal was pending, the individual Indian children whose custody was at issue were adopted. Accordingly, the Ninth Circuit dismissed the case as moot. 743 Fed.Appx. 823. The plaintiffs sought review in the Supreme Court, but the Court declined to take the case. 2019 WL 246401.

Summary Authors

Becca Rogers (10/6/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4134338/parties/carter-v-washburn/


Judge(s)

Ebel, David M. (Colorado)

Owens, John Byron (California)

Schroeder, Mary Murphy (Arizona)

Wake, Neil Vincent (Arizona)

Attorneys(s) for Plaintiff

Barnes, Brian W (District of Columbia)

Bolick, Clint Daniel (Arizona)

Dynar, Aditya (Arizona)

Kirk, Michael W. (District of Columbia)

Reeves, Harold S. (District of Columbia)

Sandefur, Christina (Arizona)

Judge(s)

Ebel, David M. (Colorado)

Owens, John Byron (California)

Schroeder, Mary Murphy (Arizona)

Wake, Neil Vincent (Arizona)

Attorneys(s) for Plaintiff

Barnes, Brian W (District of Columbia)

Bolick, Clint Daniel (Arizona)

Dynar, Aditya (Arizona)

Kirk, Michael W. (District of Columbia)

Reeves, Harold S. (District of Columbia)

Sandefur, Christina (Arizona)

Van Cott, Courtney Christine (Arizona)

Attorneys(s) for Defendant

Ennis, Christine Wild (District of Columbia)

Harrison, Wendy J. (Arizona)

Harvey, Judith B (District of Columbia)

Johnson, John Stephen (Arizona)

Kintz, JoAnn Lynn (District of Columbia)

Lento, Gary N. (Arizona)

McBride, Melanie Grace (Arizona)

Miskinis, Steven Edward (District of Columbia)

Williams, Dawn Rachelle (Arizona)

Zimmerman, Joshua Robert (Arizona)

Other Attorney(s)

Belzowski, Katherine Claire (Arizona)

Chen, Z W Julius (District of Columbia)

Daughety, Samuel Franklin (District of Columbia)

Dougherty Lynch, Erin C (Alaska)

Everling, Linus (Arizona)

Fort, Kathryn E (Michigan)

Godfrey, Merrill C (District of Columbia)

Hendershot, Michael J. (Ohio)

Hunt, Hyland (District of Columbia)

Kielsky, Michael (Arizona)

Kohn, Samuel (District of Columbia)

Murphy, Thomas L (Arizona)

Newman, Matthew N (Alaska)

Pongrace, Donald R (District of Columbia)

Shah, Pratik A. (District of Columbia)

Spruhan, Paul Wesley (Arizona)

Tysse, James Edward (District of Columbia)

Yost, Paula M (California)

Documents in the Clearinghouse

Document

2:15-cv-01259

Docket [PACER]

Nov. 5, 2018

Nov. 5, 2018

Docket
1

2:15-cv-01259

Civil Rights Class Action Complaint for Declaratory and Injunctive Relief

July 6, 2015

July 6, 2015

Complaint
173

2:15-cv-01259

First Amended Civil Rights Class Action Complaint for Declaratory, Injunctive, and other Relief

April 5, 2016

April 5, 2016

Complaint
216

2:15-cv-01259

Order

2016 WL 5464582

Sept. 29, 2016

Sept. 29, 2016

Order/Opinion
244

2:15-cv-01259

Order

2017 WL 1019685

March 16, 2017

March 16, 2017

Order/Opinion
10966701

2:15-cv-01259

17-15839

Memorandum

U. S. Court of Appeals for the Ninth Circuit

743 Fed.Appx. 823

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134338/carter-v-washburn/

Last updated Aug. 8, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

*COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11864370 filed by Carol Coghlan Carter, Unknown Party (named as S.H., a married couple), Unknown Party (named as J.H., a married couple), Unknown Party (named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals) and Unknown Party (named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (ATD) Modified to edit text on 7/7/2015 (ATD). (Entered: 07/07/2015)

1 Exhibit

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2 Civil Cover Sheet

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July 6, 2015

July 6, 2015

PACER
2

*SUMMONS Submitted by Carol Coghlan Carter, Unknown Party (named as S.H., a married couple), Unknown Party (named as J.H., a married couple), Unknown Party (named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals) and Unknown Party (named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals). (Submitted by Clint Bolick) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (ATD) Modified to edit text on 7/7/2015 (ATD). (Entered: 07/07/2015)

July 6, 2015

July 6, 2015

PACER
3

Filing fee paid, receipt number 0970-11864370. This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-15-1259-PHX-DKD. Magistrate Election form attached. (Attachments: # 1 Instructions) (ATD) (Entered: 07/07/2015)

July 6, 2015

July 6, 2015

PACER
4

Summons Issued as to Sally Jewell, Gregory McKay, Kevin Washburn, John S Leonardo and Loretta E Lynch. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(ATD)*** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
5

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
6

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake. All further pleadings/papers should now list the following COMPLETE case number: CV-15-1259-PHX-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
7

ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiffs serve a copy of this Order upon Defendants and file notice of service. See order for details. Signed by Judge Neil V. Wake on 7/9/15. (NKS) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Brian Barnes on behalf of plaintiffs. (BAS) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX160695 as to Brian W Barnes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 15, 2015

July 15, 2015

PACER
9

ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
10

SERVICE EXECUTED filed by Carol Coghlan Carter: Affidavit of Service re: Summons, Class Action Complaint, District Judge Option upon Gregory A. McCay on 07/09/2015. (Dynar, Aditya) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
11

SERVICE EXECUTED filed by Carol Coghlan Carter: Affidavit of Service re: Summons, Class Action Complaint, District Judge Option upon John S. Leonardo on 07/09/2015. (Dynar, Aditya) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
12

SERVICE EXECUTED filed by Carol Coghlan Carter: Affidavit of Service re: 07/09/2015 Order upon John S. Leonardo on 07/10/2015. (Dynar, Aditya) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
13

SERVICE EXECUTED filed by Carol Coghlan Carter: Affidavit of Service re: 07/09/2015 Order upon Gregory A. McKay on 07/10/2015. (Dynar, Aditya) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
14

MOTION for Admission Pro Hac Vice as to attorney Harold Reeves on behalf of Carol Coghlan Carter. (BAS) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX160853 as to Harold S Reeves. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 21, 2015

July 21, 2015

PACER
15

MOTION for Admission Pro Hac Vice as to attorney Michael Kirk on behalf of Carol Coghlan Carter. (BAS) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX160854 as to Michael W Kirk. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 21, 2015

July 21, 2015

PACER
16

ORDER pursuant to General Order 09-08 granting 14 Motion for Admission Pro Hac Vice; granting 15 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER
17

SERVICE EXECUTED filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ): Certified Mail Receipt re: District Judge Option upon Kevin Washburn; Sally Jewell; Loretta Lynch on July 15, 2015. (Dynar, Aditya) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
18

SERVICE EXECUTED filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ): Certified Mail Receipt re: 7/9/15 Order upon Sally Jewell, Kevin Washburn, Loretta Lynch on 07/16/2015. (Dynar, Aditya) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
19

First MOTION for Extension of Time Stipulation for Extension of Time to File Answer or Responsive Motion by Gregory McKay. (Attachments: # 1 Text of Proposed Order Proposed Order)(Johnson, John) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
20

SERVICE EXECUTED filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ): Certified Mail Receipt re: Summons and Complaint upon Sally Jewell, Kevin Washburn and Loretta Lynch on July 13, 2015. (Dynar, Aditya) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
21

ORDER granting the parties' Stipulation (Doc. 19 ). FURTHER ORDERED the deadline for Defendant McKay to answer or otherwise respond to the complaint is extended to and including 09/08/15. Signed by Judge Neil V. Wake on 8/4/15. (NKS) (Entered: 08/04/2015)

Aug. 4, 2015

Aug. 4, 2015

PACER
22

MOTION to Certify Class by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Dynar, Aditya) (Entered: 08/21/2015)

1 Exhibit

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2 Text of Proposed Order

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Aug. 21, 2015

Aug. 21, 2015

RECAP
27

MOTION to Seal Document 25 Sealed Lodged Proposed Document, 26 Sealed Lodged Proposed Document, 24 Sealed Lodged Proposed Document, 23 Sealed Lodged Proposed Document by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Attachments: # 1 Exhibit Exhibits 1 - 3, # 2 Text of Proposed Order Proposed Order)(Dynar, Aditya) (Entered: 08/21/2015)

1 Exhibit Exhibits 1 - 3

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2 Text of Proposed Order Proposed Order

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Aug. 21, 2015

Aug. 21, 2015

PACER
28

MOTION to Stay pending deadlines and for status conference by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

RECAP
29

ORDER that Stipulation for Stay (Doc. 28 ) is granted only to the extent that (1) Defendants' time to file a responsive pleading is extended to 10/16/15, (2) Plaintiffs' time to respond to Defendants' motions to dismiss is extended to 11/13/15, and (3) Defendants' time to file replies is extended to 12/04/15. These times will not be extended. The Stipulation is otherwise denied. FURTHER ORDERED that the parties confer about whether they can agree on a briefing schedule in response to Plaintiffs' Motion for Class Certification (Doc. 22 ) and they may file a further motion, joint or separate, concerning such briefing. All Defendants' time to respond to that motion is extended to 09/17/15, and may be extended again. FURTHER ORDERED that the Joint Motion for Status Conference (Doc. 28 ) is denied. See order for details. Signed by Judge Neil V. Wake on 9/4/15. (NKS) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
23

*SEALED Declaration of Carol Coghlan Carter filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Attachments: # 1 Exhibit Exhibits 1 - 9)(Dynar, Aditya) *Modified to link to Motion to Seal on 8/24/2015 (SCH). *Modified on 9/11/2015 to change from lodged to filed by doc. 30 (MAP)*. (Entered: 08/21/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
24

*SEALED Joint Declaration of S.H. and J.H. filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Dynar, Aditya) *Modified to link to Motion to Seal on 8/24/2015 (SCH). *Modified on 9/11/2015 to change from lodged to filed pursuant to order 30 (MAP)*. (Entered: 08/21/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
25

*SEALED Joint Declaration of M.C. and K.C. filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Dynar, Aditya) *Modified to link to Motion to Seal on 8/24/2015 (SCH). *Modified on 9/11/2015 to change from lodged to filed pursuant to Order 30 (MAP)*. (Entered: 08/21/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
26

*SEALED Joint Declaration of M.G. and B.G. filed by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Dynar, Aditya) *Modified to link to Motion to Seal on 8/24/2015 (SCH). *Modified on 9/11/2015 to change from lodged to filed pursuant ot Order 30 (MAP)*. (Entered: 08/21/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
30

ORDER granting 27 Motion to Seal. ORDERED that the following lodged proposed documents be and are hereby sealed: (1) Declaration of Carol Coghlan Carter (Doc. 23 ); (2) Joint Declaration of M.C. and K.C. (Doc. 25 ); (3) Joint Declaration of S.H. and J.H. (Doc. 24 ); and (4) Joint Declaration of M.G. and B.G. (Doc. 26 ). Signed by Judge Neil V Wake on 9/10/15.(MAP) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
31

MOTION to Withdraw as Attorney Courtney Van Cott by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ). (Attachments: # 1 Text of Proposed Order)(Dynar, Aditya) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
32

ORDER that the Application (Doc. 31 ) is GRANTED. FURTHER ORDERED that attorney Courtney Van Cott will henceforth not be an attorney of record in this case. FURTHER ORDERED directing the Clerk of the Court to make appropriate changes in the Court's CM/ECF System to reflect this change. Signed by Judge Neil V. Wake on 9/14/15. (NKS) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
33

Joint MOTION Deadline For Response to Class Certification Motion Joint Status Report by Gregory McKay. (Attachments: # 1 Text of Proposed Order Defendants' Proposed Order, # 2 Text of Proposed Order Plaintiffs' Proposed Order)(Johnson, John) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
34

ORDER: IT IS ORDERED setting a hearing on the issues presented in the Joint Status Report (Doc. 33 ) for 9/23/2015 at 1:30 p.m., inlcuding (1) whether this Court may enter an order in compliance with the Arizona statutes, (2) the appropriate scope of class certification discovery, (3) the scheduling of class discovery, and (4) the scheduling of briefing on the class certification motion. Out-of-state counsel may appear by telephone by making prior arrangements with the Court. The hearing will be held in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
35

MINUTE ENTRY for proceedings held before Judge Neil V. Wake: Telephonic Conference (Judge Neil V. Wake also participating telephonically) held on 09/23/15. Discussion is held regarding the Joint Status Report (Doc. 33 ) and the topics outlined in the Court's Order (Doc. 34). The Court advises counsel how it wishes to proceed with scheduling going forward. As discussed on the record, construing the Joint Status Report (Doc. 33 ) as a motion to extend the time for Defendants to respond to Plaintiffs' Motion for Class Certification (Doc. 22 ), the Court grants the motion to the extent that Defendants' time to respond to Plaintiffs' Motion for Class Certification is stayed until further order. Oral Argument (on the motion to dismiss discussed at today's hearing) is set for 12/18/15, at 1:30 PM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V. Wake. APPEARANCES: Clint Bolick, Brian Barnes (by phone), Michael Kirk (by phone) and Harold Reeves (by phone) for Plaintiffs. John Johnson, Gaylene Morgan, Ragu-Jara Gregg (by phone), Steven Miskinis (by phone), Jury Harvey (by phone) and JoAnn Kintz (by phone) for Defendants. (Court Reporter Laurie Adams.) Hearing held 1:39 p.m. to 2:42 p.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
36

TRANSCRIPT REQUEST by Carol Coghlan Carter, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as J.H., a married couple ) for proceedings held on 9/23/2015, Judge Neil V Wake hearing judge(s). (Bolick, Clint) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference proceedings held on 09/23/2015, before Judge Neil V. Wake. (Court Reporter: Laurie A. Adams). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/27/2015. Redacted Transcript Deadline set for 11/6/2015. Release of Transcript Restriction set for 1/4/2016. (RAP) (Entered: 10/14/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
37

MOTION for relief from Local Rule page limits by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
38

ORDER: Before the Court is the Federal Defendants' Motion for Relief from Local Rule Page Limits (Doc. 37 ). The Court does not grant extensions of page limits in advance of submission of the proposed over-length brief. The Court will examine the proposed brief and determine whether its length is justified. IT IS THEREFORE ORDERED that the Federal Defendants' Motion for Relief from Local Rule Page Limits (Doc. 37 ) is denied without prejudice to submission of a further motion together with the proposed over-length brief. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
39

ORDER that Plaintiffs' Motion for Class Certification (Doc. 22 ) is denied without prejudice as premature. See order for details. Signed by Judge Neil V. Wake on 10/14/15. (NKS) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
41

MOTION for Leave to File Excess Pages for Motion to Dismiss by Sally Jewell, Kevin Washburn. (Attachments: # 1 Exhibit Proposed Motion, # 2 Exhibit Certificate of Conferral, # 3 Affidavit Miskinis Declaration)(Miskinis, Steven) (Entered: 10/16/2015)

1 Exhibit Proposed Motion

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2 Exhibit Certificate of Conferral

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3 Affidavit Miskinis Declaration

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Oct. 16, 2015

Oct. 16, 2015

RECAP
42

* Filed at (Doc. 68 ) LODGED Proposed Motion to Dismiss re: 41 MOTION for Leave to File Excess Pages for Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Sally Jewell, Kevin Washburn. (Attachments: # 1 Exhibit Certificate of Conferral, # 2 Affidavit Miskinis Declaration)(Miskinis, Steven) Modified on 10/29/2015 (EJA). (Entered: 10/16/2015)

1 Exhibit Certificate of Conferral

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2 Affidavit Miskinis Declaration

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Oct. 16, 2015

Oct. 16, 2015

RECAP
43

MOTION for Leave to File Excess Pages for Motion to Dismiss by Gregory McKay. (Williams, Dawn) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

RECAP
44

*Filed at (Doc. 70 ) LODGED Proposed State Defendant's Motion to Abstain and Dismiss re: 43 MOTION for Leave to File Excess Pages for Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Gregory McKay. (Attachments: # 1 Appendix Attachment 1)(Williams, Dawn) Modified on 10/29/2015 (EJA). (Entered: 10/16/2015)

1 Appendix Attachment 1

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Oct. 16, 2015

Oct. 16, 2015

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45

MOTION for Admission Pro Hac Vice as to attorney Donald R. Pongrace by Gila River Indian Community. (Attachments: # 1 Exhibit Certificate of Good Standing)(Pongrace, Donald) (Entered: 10/16/2015)

1 Exhibit Certificate of Good Standing

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Oct. 16, 2015

Oct. 16, 2015

RECAP
46

MOTION for Admission Pro Hac Vice as to attorney Merrill C. Godfrey by Gila River Indian Community. (Attachments: # 1 Exhibit Certificate of Good Standing)(Godfrey, Merrill) (Entered: 10/16/2015)

1 Exhibit Certificate of Good Standing

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Oct. 16, 2015

Oct. 16, 2015

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47

*Filed Lodge 47-1 at (Doc. 217 ) MOTION to Intervene as Defendant by Gila River Indian Community. (Attachments: # 1 Exhibit Proposed Motion to Dismiss, # 2 Text of Proposed Order)(Godfrey, Merrill) Modified on 9/29/2016 (DXD). (Entered: 10/16/2015)

1 Exhibit Proposed Motion to Dismiss

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2 Text of Proposed Order

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Oct. 16, 2015

Oct. 16, 2015

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48

NOTICE of Service of Discovery filed by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
49

MOTION for Admission Pro Hac Vice as to attorney James E. Tysse by Casey Family Programs, Annie E. Casey Foundation, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Tust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, W. Haywood Burns Institute. (Attachments: # 1 Certificate of Good Standing)(Tysse, James) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
50

*MOTION to File A Brief Of Amici Curiae In Support Of Motions To Dismiss by Annie E. Casey Foundation, Casey Family Programs, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Tust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, W. Haywood Burns Institute. (Attachments: # 1 Text of Proposed Order)(Tysse, James) *Modified to correct event on 10/26/2015 (ATD). (Entered: 10/23/2015)

1 Text of Proposed Order

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Oct. 23, 2015

Oct. 23, 2015

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51

*Filed at (Doc. 84 )--LODGED Proposed Brief of Amici Curiae In Support of Motions to Dismiss re: 50 MOTION for Leave to File A Brief Of Amici Curiae In Support Of Motions To Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Annie E. Casey Foundation, Casey Family Programs, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Tust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, W. Haywood Burns Institute. (Tysse, James) Modified on 11/18/2015 (LSP). (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

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52

MOTION for Admission Pro Hac Vice as to attorney Erin C Dougherty on behalf of proposed Amici Curiae AAIA, NCAI, and NICWA. (BAS) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
53

MOTION for Admission Pro Hac Vice as to attorney Matthew N Newman on behalf of proposed Amici Curiae AAIA, NCAI, and NICWA. (BAS) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER

PRO HAC VICE FEE PAID. $ 70, receipt number PHX164318 as to Erin c Dougherty, Matthew N Newman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 23, 2015

Oct. 23, 2015

PACER
54

MOTION for Admission Pro Hac Vice as to attorney Samuel Kohn on behalf of proposed Amici Curiae AAIA, NCAI, and NICWA. (BAS) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
55

MOTION for Admission Pro Hac Vice as to attorney Paula M Yost on behalf of proposed Amici Curiae AAIA, NCAI, and NICWA. (BAS) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER

PRO HAC VICE FEE PAID. $ 70, receipt number PHX164317 as to Samuel Kohn, Paula M Yost. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 23, 2015

Oct. 23, 2015

PACER
56

ORDER pursuant to General Order 09-08 granting 52 Motion for Admission Pro Hac Vice; granting 53 Motion for Admission Pro Hac Vice; granting 54 Motion for Admission Pro Hac Vice; granting 55 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
57

MOTION to File Amicus Curiae by National Congress of American Indians, Association on American Indian Affairs, National Indian Child Welfare Association. (Attachments: # 1 Exhibit Lodged Amicus Brief, # 2 Text of Proposed Order Proposed Order)(Daughety, Samuel) (Entered: 10/23/2015)

1 Exhibit Lodged Amicus Brief

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2 Text of Proposed Order Proposed Order

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Oct. 23, 2015

Oct. 23, 2015

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58

Corporate Disclosure Statement by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association. (Daughety, Samuel) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
59

*Filed at (Doc. 85 )-- LODGED Proposed BRIEF OF AMICUS CURIAE NATIONAL CONGRESS OF AMERICAN INDIANS, ASSOCIATION ON AMERICAN INDIAN AFFAIRS, AND NATIONAL INDIAN CHILD WELFARE ASSOCIATION IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association. (Daughety, Samuel) Modified on 11/18/2015 (LSP). (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

RECAP
60

MOTION for Admission Pro Hac Vice as to attorney Z W Julius Chen on behalf of Annie E. Casey Foundation, Casey Family Programs, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Trust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, and W. Haywood Burns Institute. (BAS) Modified on 10/27/2015 (ATD). (Entered: 10/27/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
61

MOTION for Admission Pro Hac Vice as to attorney Hyland Hunt on behalf of Annie E. Casey Foundation, Casey Family Programs, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Trust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, and W. Haywood Burns Institute. (BAS) (Entered: 10/27/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
62

MOTION for Admission Pro Hac Vice as to attorney Pratik A Shah on behalf of Annie E. Casey Foundation, Casey Family Programs, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Trust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, and W. Haywood Burns Institute. (BAS) (Entered: 10/27/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER

PRO HAC VICE FEE PAID. $ 140, receipt number PHX164385 as to James E Tysse, Pratik A Shah, Hyland Hunt, Z W Julius Chen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 27, 2015

Oct. 27, 2015

PACER
63

ORDER pursuant to General Order 09-08 granting 49 Motion for Admission Pro Hac Vice; granting 60 Motion for Admission Pro Hac Vice; granting 61 Motion for Admission Pro Hac Vice; granting 62 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX164459 as to Donald R Pongrace, Merrill C Godfrey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 27, 2015

Oct. 27, 2015

PACER
64

ORDER pursuant to General Order 09-08 granting 45 Motion for Admission Pro Hac Vice; granting 46 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
65

MOTION for Admission Pro Hac Vice as to attorney Kathryn E Fort on behalf of Association on American Indian Affairs, National Congress of American Indians, and National Indian Child Welfare Association. (BAS) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX164477 as to Kathryn E Fort. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 28, 2015

Oct. 28, 2015

PACER
66

ORDER pursuant to General Order 09-08 granting 65 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
67

ORDER granting 41 Federal Defendants' Motion for Leave to File Excess Pages. Clerk of the Court to file the Federal Defendants Lodged Motion to Dismiss (Doc. 42 ). Signed by Judge Neil V Wake on 10/28/15.(EJA) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
68

MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim by Sally Jewell, Kevin Washburn. (EJA) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

RECAP
69

ORDER granting 43 State Defendants' Motion for Leave to File Excess Pages. Clerk of the Court to file the State Defendants' Lodged Motion to Dismiss (Doc. 44 ). Signed by Judge Neil V Wake on 10/28/15. (EJA) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
70

MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim by Gregory McKay. (EJA) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
71

NOTICE of Appearance by Gary N Lento on behalf of Gregory McKay. (Lento, Gary) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
72

RESPONSE in Opposition re: 47 MOTION to Intervene as Defendant filed by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple). (Bolick, Clint) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

RECAP
73

First MOTION for Extension of Time to File Response/Reply as to 51 Lodged Proposed Document, 59 Lodged Proposed Document Amicus Briefs by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple). (Attachments: # 1 Text of Proposed Order Proposed Order)(Dynar, Aditya) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
74

ORDER granting Plaintiffs' Motion (Doc. 73 ). FURTHER ORDERED that Plaintiffs shall file their response to amicus briefs no later than 5:00 PM, 11/25/15. Signed by Judge Neil V. Wake on 11/3/15. (NKS) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
75

TRANSCRIPT REQUEST by Gregory McKay for proceedings held on 09/23/2015, Judge Neil V Wake hearing judge(s). (Lento, Gary) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
76

REPLY to Response to Motion re: 47 MOTION to Intervene as Defendant filed by Gila River Indian Community. (Godfrey, Merrill) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
77

MOTION for Leave to File Excess Pages for Consolidated Response to Motions to Dismiss by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple). (Attachments: # 1 Text of Proposed Order Proposed Order to Exceed Page Limit)(Dynar, Aditya) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
78

* Filed at (Doc. 80 ) LODGED Proposed Plaintiffs' Consolidated Response to Federal Defendants' Motion to Dismiss and State Defendant's Motion to Abstain and Dsimiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6) re: 77 MOTION for Leave to File Excess Pages for Consolidated Response to Motions to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple). (Attachments: # 1 Exhibit Exhibits A-C)(Dynar, Aditya) Modified on 11/16/2015 (EJA). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
79

ORDER granting 77 Motion for Leave to File Excess Pages. Plaintiffs may file a Response to Defendants' Motions to Dismiss of 44 pages in length. The Clerk of the Court is to file the Plaintiffs Lodged Response to Defendants' Motions to Dismiss (Doc. 78 ). Signed by Judge Neil V Wake on 11/16/15. (EJA) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
80

*Plaintiffs' Consolidated Response to 68 Federal Defendants' Motion to Dismiss and 70 State Defendant's Motion to Abstain and Dsimiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6). Filed by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; Unknown Party(named as K.C., a married couple; Unknown Party(named as S.H., a married couple). (EJA) Modified to edit text on 11/16/2015 (EJA). *Modified to correct event type and to add document numbers on 11/17/2015 (EJA). (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

RECAP
81

MOTION to Intervene by Navajo Nation Department of Justice. (Belzowski, Katherine) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

RECAP
82

*(See Doc. 207) -- LODGED Proposed MOTION to Dismiss for Failure to State a Claim re: {81] Motion to Intervene. Document to be filed by Clerk if Motion to Intervene is granted. Filed by Navajo Nation Department of Justice. (Belzowski, Katherine) Modified on 11/19/2015 (LSP). Modified on 9/14/2016 (LSP). (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

RECAP
83

ORDER granting 57 unopposed Motion of National Congress of American Indians, etc., for Leave to File Brief as Amici Curiae. The Clerk shall file the proposed brief (Doc. 59 ). IT IS FURTHER ORDERED granting 50 the unopposed Motion of Casey Family Programs, et al., for Leave to File Brief of Amici Curiae. The Clerk shall file the proposed brief (Doc. 51 ). Signed by Judge Neil V Wake on 11/18/15.(LSP) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
84

AMICUS CURIAE BRIEF by Movants Annie E. Casey Foundation, Casey Family Programs, Center for the Study of Social Policy, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, FosterClub, Generations United, National Alliance of Children's Trust and Prevention Funds, National Center on Adoption and Permanency, North American Council on Adoptable Children, W. Haywood Burns Institute. (LSP) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
85

AMICUS CURIAE BRIEF by Movants Association on American Indian Affairs, National Congress of American Indians, National Indian Child Welfare Association. (LSP) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
86

*(Filed at Doc. 108 )--LODGED Proposed BRIEFOFTHECITIZENSEQUAL RIGHTSALLIANCEASAMICUS CURIAEINSUPPORTOFTHE MOTIONTOCERTIFYTHECLASSACTION. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by CITIZENS EQUAL RIGHTS ALLIANCE. (Kielsky, Michael) Modified on 12/9/2015 (LSP). (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
87

MOTION for Leave to File AMICUS CURIAE BRIEF by CITIZENS EQUAL RIGHTS FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kielsky, Michael) (Entered: 11/21/2015)

1 Text of Proposed Order Proposed Order

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Nov. 21, 2015

Nov. 21, 2015

RECAP
88

*RESPONSE re: 59 Lodged Proposed Document, 84 & 85 Brief (Non Appeal) Amici Curiae Briefs by Plaintiffs Carol Coghlan Carter, Unknown Party, Unknown Party, Unknown Party, Unknown Party. (Dynar, Aditya) *Modified to add document number on 11/30/2015 (KGM). (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
89

MOTION for Leave to File Excess Pages by Gregory McKay. (Attachments: # 1 Text of Proposed Order)(Lento, Gary) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
90

*(Filed at Doc. 101 )--LODGED Proposed Reply to Plaintiffs' Consolidated Response to Defendants' Motion to Abstain and Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6) re: 70 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Gregory McKay. (Lento, Gary) Modified on 12/8/2015 (LSP). (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
91

ORDER:: IT IS ORDERED that State Defendants submit a proposed form of order that is not on law firm stationery, in compliance with Local Rule 7.1(b)(3) re: 89 MOTION for Leave to File Excess Pages. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
92

Additional Attachments to Main Document re: 89 MOTION for Leave to File Excess Pages, 91 Order by Defendant Gregory McKay. (Attachments: # 1 Text of Proposed Order Proposed Order)(Lento, Gary) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 6, 2015

Closing Date: Dec. 28, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indian foster children represented by a "next friend" and foster parents of Indian children.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Assistant Secretary, Federal

Secretary of Interior, Federal

Director , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Federalism (including 10th Amendment)

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Adoption

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

White