Case: Confederated Tribes of the Chehalis Reservation v. Mnuchin

1:20-cv-01002 | U.S. District Court for the District of Columbia

Filed Date: April 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves the U.S. Department of the Treasury’s (USDT) disbursement of COVID-19 aid to Native American tribes.As part of the March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $150 billion in aid was allocated towards "States, Tribal governments, and units of local government." USDT was mandated to reserve $8 billion of these funds for “tribal governments.” This lawsuit concerned the definition of the term “tribal government” for the purpose of receiving those f…

This case involves the U.S. Department of the Treasury’s (USDT) disbursement of COVID-19 aid to Native American tribes.

As part of the March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $150 billion in aid was allocated towards "States, Tribal governments, and units of local government." USDT was mandated to reserve $8 billion of these funds for “tribal governments.” This lawsuit concerned the definition of the term “tribal government” for the purpose of receiving those funds.

USDT sought to divert a portion of the aforementioned $8 billion towards Alaskan Native Corporations (ANC) which it argued fell under the definition of “tribal governments.” In response, various Native American tribes filed suit against the U.S. Secretary of the Treasury in the District Court for the District of Columbia on April 17, 2020, arguing ANCs were not tribal governments. First, plaintiffs cited the Indian Self-Determination and Education Assistance Act (ISDEAA) which defined “Indian tribe” as only entities “which [are] recognized as eligible for the special programs and services provided by the United States to Indians of their status as Indians.” Second, plaintiffs argued that ANCs do not have the characteristics of “recognized governing bod[ies]” as defined by the ISDEAA. This was because ANCs did not provide government services and served the interests of shareholders, not citizens. Plaintiffs sought declaratory and injunctive relief to block the USDT’s funding of ANCs. Plaintiffs were represented by their tribes’ counselors and a private firm specializing in tribal law. Judge Amit P. Mehta was assigned to the case.

Plaintiffs’ moved for a preliminary injunction and temporary restraining order on April 20, 2020. The court granted the motions on April 27, 2020, but not to the extent requested by Plaintiffs, who wanted the full $8 billion distributed only to tribal governments. Instead, the court ordered that any money the USDT awarded to ANCs be frozen while the remaining funds be distributed to tribal governments, citing the need to narrowly tailor injunctive relief to a specific harm. 456 F. Supp. 3d 152.

Both parties moved for summary judgment on May 29, 2020. The court denied plaintiffs’ motion while granting USDT's on June 26, 2020. It held that ANCs qualified as tribal governments under the ISDEAA, and that ANC’s board of directors qualified as “recognized governing bod[ies]” under the ISDEAA. The court cited the federal government’s longstanding treatment of ANCs as tribal governments under the ISDEAA. The court’s earlier preliminary injunction was dissolved, meaning ANCs were eligible to receive funds under the CARES Act. 471 F.Supp.3d 1.

Anticipating an appeal by plaintiffs, the district court stayed the grant of summary judgment and granted plaintiffs' request for an injunction pending appeal on July 7, 2020. 2020 WL 3791874.

Plaintiffs filed three notices of appeal to the U.S. Court of Appeals for the D.C. Circuit on July 13 and July 14, 2020. All three appeals challenged the district court’s June 26, 2020, order. All three appeals were consolidated.

The appellate court reversed the district court’s order on September 25, 2020. It cited the federal government’s failure to officially recognize ANCs as tribal governments. For example, the Federally Recognized Indian Tribe List Act of 1994 (List Act) required the Secretary of the Interior to keep “a list of all federally recognized tribes.” ANCs were absent the Secretary of the Interior’s published lists of recognized native tribes. 976 F.3d 15.

Defendant filed two petitions for a writ of certiorari with the U.S. Supreme Court on both October 21 and 23, 2020. Both petitions argued that ANCs fit the definition of tribal government employed by the CARES Act. Both petitions were granted on January 8, 2021, and then consolidated. The U.S. Supreme Court reversed the D.C. Circuit's order and remanded the case on June 25, 2021. In a 6-3 decision delivered by Justice Sotomayor, the court reasoned that ANCs were practically tribal governments under the plain definition of the Indian Self-Determination and Education Assistance Act, even though they were not considered tribal governments in an official political sense. The Court thus held that ANCs were eligible for CARES Act relief, and remanded the matter. 141 S.Ct. 2434. On August 5, 2021, the D.C. Circuit held that, in accordance with the U.S. Supreme Court's decision, the District Court's decision granting summary judgment to the government and denying summary judgment to the plaintiffs was to be affirmed. The matter was remanded to the District Court.

This case is ongoing.

Summary Authors

Eric Gripp (8/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17076865/parties/confederated-tribes-of-the-chehalis-reservation-v-mnuchin/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Gorsuch, Neil M. (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kagan, Elena (District of Columbia)

Katsas, Gregory George (District of Columbia)

Mehta, Amit Priyavadan (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Albright, Cory J (Washington)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Gorsuch, Neil M. (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kagan, Elena (District of Columbia)

Katsas, Gregory George (District of Columbia)

Mehta, Amit Priyavadan (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Albright, Cory J (Washington)

Bassett, Frances C (Colorado)

Chesnin, Harold (Washington)

Condon, Megan Rachel (Alaska)

Dougherty Lynch, Erin C (Alaska)

Ducheneaux, Nicole E. (Nebraska)

Eagle, Jennifer Bear (South Dakota)

Furlong, Wesley James (Alaska)

Gunn, Lisa Koop (Washington)

Kanji, Riyaz A. (Michigan)

Landreth, Natalie (Alaska)

Newman, Matthew N (Alaska)

Patterson, Jeremy J (Colorado)

Rasmussen, Jeffrey S. (Colorado)

Spruhan, Paul Wesley (Arizona)

Walker, William Kenneth (District of Columbia)

Weckenmann, Rose Michele (Nebraska)

Wilson, Rollie (District of Columbia)

Attorneys(s) for Defendant

Katchen, Jonathan W (Alaska)

Lynch, Jason C. (District of Columbia)

Other Attorney(s)

Chung, David Yolun (District of Columbia)

Clement, Paul D. (District of Columbia)

Godfrey, Merrill C (District of Columbia)

Lister, James Hardwick (District of Columbia)

Naresh, Ragan (District of Columbia)

Nathanson, Kirsten L (District of Columbia)

O'Leary, Michael J (District of Columbia)

Powell, James Harrison II (Virginia)

Smith, Kaighn Jr (Maine)

Williams, Christine (Alaska)

Wolff, Daniel W (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 5, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

April 17, 2020 Complaint
36

Memorandum Opinion

456 F.Supp.3d 152

April 27, 2020 Order/Opinion
36

[Proposed] Second Amended Complaint for Declaratory and Injunctive Relief

June 25, 2020 Complaint
97

Memorandum Opinion

471 F.Supp.3d 1

June 26, 2020 Order/Opinion
107

Memorandum Opinion and Order

Confederated Tribes of Chehalis Reservation v. Mnuchin

2020 WL 3791874

July 7, 2020 Order/Opinion
1863446

Opinion

U. S. Court of Appeals for the District of Columbia Circuit

976 F.3d 15

Sept. 25, 2020 Order/Opinion

Opinion of the Court

Yellen v. Confederated Tribes of Chehalis Reservation

Supreme Court of the United States

141 S.Ct. 2434

June 25, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17076865/confederated-tribes-of-the-chehalis-reservation-v-mnuchin/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against STEVEN MNUCHIN in his official capacity as Secretary of U.S. Department of the Treasury ( Filing fee $ 400 receipt number BDCDC-7031496) filed by ALEUT COMMUNITY OF ST. PAUL ISLAND, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, AKIAK NATIVE COMMUNITY, HOULTON BAND OF MALISEET INDIANS, TULALIP TRIBES, ASA CARSARMIUT TRIBE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kanji, Riyaz) (Entered: 04/17/2020)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

April 17, 2020 RECAP

Case Assigned/Reassigned

April 17, 2020 PACER

Case Assigned to Judge Amit P. Mehta. (adh, )

April 17, 2020 PACER
2

SUMMONS (1) Issued Electronically as to STEVEN MNUCHIN. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/17/2020)

April 17, 2020 PACER
3

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, HOULTON BAND OF MALISEET INDIANS, TULALIP TRIBES (Attachments: # 1 Declaration Akiak Native Communit, # 2 Declaration Aleut Community of St, # 3 Declaration Asacarsarmiut, # 4 Declaration Chehalis - Pickernell, # 5 Declaration HBMI - Sabattis, # 6 Declaration Tulalip - Gobin, # 7 Text of Proposed Order, # 8 Declaration RAK Certificate of Counsel, # 9 Declaration RAK 2nd Decl)(Kanji, Riyaz). Added MOTION for Preliminary Injunction on 4/20/2020 (eg). (Entered: 04/20/2020)

1 Declaration Akiak Native Communit

View on RECAP

2 Declaration Aleut Community of St

View on PACER

3 Declaration Asacarsarmiut

View on PACER

4 Declaration Chehalis - Pickernell

View on PACER

5 Declaration HBMI - Sabattis

View on PACER

6 Declaration Tulalip - Gobin

View on PACER

7 Text of Proposed Order

View on PACER

8 Declaration RAK Certificate of Counsel

View on PACER

9 Declaration RAK 2nd Decl

View on PACER

April 20, 2020 RECAP

.Order

April 20, 2020 PACER
4

NOTICE of Appearance by Jason C. Lynch on behalf of STEVEN MNUCHIN (Lynch, Jason) (Entered: 04/20/2020)

April 20, 2020 RECAP

Order

April 20, 2020 PACER

MINUTE ORDER. The parties shall meet and confer and, by 5:00 p.m. on April 20, 2020, file a Joint Status Report that proposes a schedule for briefing on Plaintiffs' Motion for Temporary Restraining Order. Signed by Judge Amit P. Mehta on 04/20/2020. (lcapm2)

April 20, 2020 PACER
5

Joint STATUS REPORT and Proposed Briefing Schedule for Plaintiffs' 3 Motion by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 04/20/2020)

April 20, 2020 RECAP

MINUTE ORDER setting the following schedule for further proceedings in this matter: (1) Defendant's Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction shall be filed on or before 5:00 p.m. on April 22, 2020; (2) Plaintiffs' Reply brief, if any, shall be filed on or before 12:00 p.m. on April 23, 2020; and (3) a video conference hearing is set for April 23, 2020, at 2:00 p.m. The court will circulate access information to counsel. Signed by Judge Amit P. Mehta on 04/20/2020. (lcapm2)

April 20, 2020 PACER

MINUTE ORDER resetting the video conference hearing on Plaintiffs' Motion for a Temporary Restraining Order to 3:00 p.m. on April 23, 2020. Signed by Judge Amit P. Mehta on 04/21/2020. (lcapm2)

April 21, 2020 PACER

.Order

April 21, 2020 PACER

Order

April 21, 2020 PACER

MINUTE ORDER resetting the video conference hearing on Plaintiffs' Motion for a Temporary Restraining Order to 3:00 p.m. on April 23, 2020. Should any member of the public or media require access to the hearing, they should reach out to the Courtroom Deputy, Mr. Douyon, at Jean-Claude_Douyon@dcd.uscourts.gov for further instructions. Signed by Judge Amit P. Mehta on 04/21/2020. (lcapm2) Modified on 04/21/2020 (lcapm2).

April 21, 2020 PACER
6

Consent MOTION for Leave to File amicus brief re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by NATIONAL CONGRESS OF AMERICAN INDIANS, AFFILIATED TRIBES OF NORTHWEST INDIANS, All Pueblo Council of Governors, Arizona Indian Gaming Association, California Nations Indian Gaming Association, California Tribal Chairpersons Association, Great Plains Tribal Chairmens Association, Inc., Inter Tribal Association of Arizona, Inc., Inter-Tribal Council of the Five Civilized Tribes, Midwest Alliance of Sovereign Tribes, National Indian Gaming Association, United South and Eastern Tribes Sovereignty Protection Fund (Attachments: # 1 Proposed Order)(Smith, Kaighn) Modified event on 4/23/2020 (znmw). (Entered: 04/21/2020)

1 Proposed Order

View on PACER

April 21, 2020 RECAP

Set/Reset Deadlines/Hearings

April 21, 2020 PACER

Set/Reset Deadlines/Hearings: Opposition due by 5:00 pm on 4/22/2020. Reply due by 12:00 pm on 4/23/2020. Motion Hearing set for 4/23/2020 at 3:00 PM before Judge Amit P. Mehta. (zjd)

April 21, 2020 PACER
7

AMENDED COMPLAINT against STEVEN MNUCHIN filed by TULALIP TRIBES, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ALEUT COMMUNITY OF ST. PAUL ISLAND, HOULTON BAND OF MALISEET INDIANS, AKIAK NATIVE COMMUNITY, ASA CARSARMIUT TRIBE, PUEBLO OF PICURIS, ELK VALLEY RANCHERIA, CALIFORNIA, SAN CARLOS APACHE TRIBE, QUINAULT INDIAN NATION, NAVAJO NATION.(Kanji, Riyaz) (Entered: 04/21/2020)

April 21, 2020 RECAP
8

ORDER granting 6 Motion to File Amicus Brief. The Tribal Organizations shall file their amicus brief by April 22, 2020. See attached Order for further details. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2) (Entered: 04/22/2020)

April 22, 2020 RECAP

Order on Motion for Extension of Time to File Response/Reply

April 22, 2020 PACER

.Order

April 22, 2020 PACER
9

MOTION for Extension of Time to File Response/Reply to Plaintiffs' 3 Motion for TRO/PI by STEVEN MNUCHIN (Lynch, Jason) (Entered: 04/22/2020)

April 22, 2020 RECAP

Set/Reset Hearings

April 22, 2020 PACER

Order

April 22, 2020 PACER

MINUTE ORDER granting 9 Defendant's Motion for an Extension of Time to File a Response. The court will set a schedule for further briefing following a telephonic conference on April 23, 2020, at 9:30 a.m. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2). Modified on 4/22/2020 (lcapm2).

April 22, 2020 PACER

Set/Reset Hearings: Telephone Conference set for 4/23/2020 at 9:30 AM before Judge Amit P. Mehta. (zjd)

April 22, 2020 PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christine V. Williams, Filing fee $ 100, receipt number BDCDC-7049323. Fee Status: Fee Paid. by Alaska Native Village Association, ANCSA Regional Association (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Walker, William) (Entered: 04/22/2020)

April 22, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 22, 2020 PACER

MINUTE ORDER vacating the April 23, 2020, 3:00 p.m. hearing on Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2)

April 22, 2020 PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Harrison Powell II, Filing fee $ 100, receipt number ADCDC-7049350. Fee Status: Fee Paid. by ANCSA Regional Association (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Walker, William) (Entered: 04/22/2020)

April 22, 2020 PACER

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Christine V. Williams is hereby admitted pro hac vice to appear in this matter on behalf of Amici Curiae Alaska Native Village Corporation Association and ANCSA Regional Association. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta o n 04/22/2020. (lcapm2)

April 22, 2020 PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. James Harrison Powell, II is hereby admitted pro hac vice to appear in this matter on behalf of Amici Curiae Alaska Native Village Corporation Association and ANCSA Regional Association. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Meh ta on 04/22/2020. (lcapm2)

April 22, 2020 PACER
12

Consent MOTION for Leave to File Amici Curiae by ANCSA Regional Association, Alaska Native Village Association (Attachments: # 1 Text of Proposed Order)(Walker, William) (Entered: 04/22/2020)

1 Text of Proposed Order

View on PACER

April 22, 2020 RECAP
13

Consent MOTION for Leave to File Amicus Curiae Brief by AHTNA, INC. (Attachments: # 1 Exhibit Proposed Brief, # 2 Exhibit Declaration of Ken Johns, # 3 Exhibit Proposed Order)(O'Leary, Michael) (Entered: 04/22/2020)

1 Exhibit Proposed Brief

View on RECAP

2 Exhibit Declaration of Ken Johns

View on PACER

3 Exhibit Proposed Order

View on PACER

April 22, 2020 RECAP
14

ENTERED IN ERROR.....NOTICE of Appearance by William Kenneth Walker on behalf of AKIAK NATIVE COMMUNITY, ANCSA Regional Association (Walker, William) Modified on 4/24/2020 (znmw). (Entered: 04/22/2020)

April 22, 2020 RECAP
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Katchen, Filing fee $ 100, receipt number ADCDC-7049884. Fee Status: Fee Paid. by AHTNA, INC. (Attachments: # 1 Exhibit Declaration of Jonathan Katchen, # 2 Exhibit Proposed Order)(O'Leary, Michael) (Entered: 04/22/2020)

April 22, 2020 PACER
16

MOTION to Withdraw as Attorney by AKIAK NATIVE COMMUNITY (Walker, William) Modified on 10/7/2020 (zjd, ). (Entered: 04/22/2020)

April 22, 2020 RECAP
17

ENTERED IN ERROR.....NOTICE of Appearance by William Kenneth Walker on behalf of Alaska Native Village Association (Walker, William) Modified on 4/24/2020 (znmw). (Entered: 04/22/2020)

April 22, 2020 PACER
18

Amended MOTION for Leave to File Amici Curiae Brief with Consent by ANCSA Regional Association, Alaska Native Village Association (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Walker, William) (Entered: 04/22/2020)

1 Exhibit

View on PACER

2 Text of Proposed Order

View on PACER

April 22, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 23, 2020 PACER

~Util - Set/Reset Deadlines/Hearings

April 23, 2020 PACER

MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Jonathan Katchen is hereby admitted pro hac vice in this matter on behalf of Ahtna, Inc. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 04/23/2020. (lcapm2)

April 23, 2020 PACER

Telephone Conference

April 23, 2020 PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 4/23/2020. Defendant's Opposition due by 5:00 pm on 4/23/2020. Plaintiffs' Reply Brief due by 12:00 pm on 4/24/2020. Motion Hearing set for 4/24/2020 at 3:00 PM before Judge Amit P. Mehta. Should any member of the public or media require access to the motion hearing, they should reach out to the Courtroom Deputy, Mr. Douyon, at Jean-Claude_Douyon@dcd.uscourts.gov for further instructions. (Court Reporter: Lisa Moreira) (zjd)

April 23, 2020 PACER

Order on Motion for Leave to File

April 23, 2020 PACER

MINUTE ORDER. Pursuant to the Telephonic Scheduling Conference held today, April 23, 2020, the court orders the following schedule for further proceedings in this matter: (1) Defendant shall file its response to Plaintiffs' Motion for a Temporary Restraining Order by 5 p.m. today, April 23, 2020; (2) Plaintiffs shall file their reply, if any, by 12 p.m. on April 24, 2020; (3) a video conference hearing on Plaintiffs' motion is set for April 24, 2020, at 3 p.m.; and (4) Amici Tribal Governments shall file their amici curiae brief by 12 p.m. today, April 23, 2020. The 13 Consent Motion for Leave to File Amicus Curiae Brief by AHTNA, Inc., and the 18 Amended Motion for Leave to File Amici Curiae Brief by ANCSA Regional Association and Alaska Native Village Association are granted. Should any member of the public or media require access to the April 24 hearing, they should reach out to the Courtroom Deputy, Mr. Douyon, at Jean-Claude_Douyon@dcd.uscourts.gov for further instructions. Signed by Judge Amit P. Mehta on 04/23/2020. (lcapm2)

April 23, 2020 PACER
20

AMICUS BRIEF re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA CARSARMIUT TRIBE, AKIAK NATIVE COMMUNITY, TULALIP TRIBES, HOULTON BAND OF MALISEET INDIANS, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION by AFFILIATED TRIBES OF NORTHWEST INDIANS, ALL PUEBLO COUNCIL OF GOVERNORS, ARIZONA INDIAN GAMING ASSOCIATION, CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION, CALIFORNIA TRIBAL CHAIRPERSON'S ASSOCIATION, GREAT PLAINS TRIBAL CHAIRMEN'S ASSOCIATION, INC., INTER TRIBAL ASSOCIATION OF ARIZONA, INC., INTER-TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES, MIDWEST ALLIANCE OF SOVEREIGN TRIBES, NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN GAMING ASSOCIATION, UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND. (Attachments: # 1 Exhibit Declaration of Maria Dadgar, Executive Director of the Inter Tribal Association of Arizona, Inc, # 2 Exhibit Declaration of Chuck Hoskin, Jr., Principal Chief of the Cherokee Nation and President of the Inter-Tribal Council of the Five Civilized Tribes, # 3 Exhibit Declaration of Michael Chavarria, Chairman of the All Pueblo Council of Governors, # 4 Exhibit Declaration of Bo Mazzetti, Chairman of the California Tribal Chairpersons Association, # 5 Exhibit Declaration of Leonard Forsman, President of the Affiliated Tribes of Northwest Indians, # 6 Exhibit Declaration of Yvette Roubideaux)(Smith, Kaighn) Modified event title on 4/23/2020 (znmw). (Entered: 04/23/2020)

1 Exhibit Declaration of Maria Dadgar, Executive Director of the Inter Tribal Asso

View on PACER

2 Exhibit Declaration of Chuck Hoskin, Jr., Principal Chief of the Cherokee Nation

View on PACER

3 Exhibit Declaration of Michael Chavarria, Chairman of the All Pueblo Council of

View on RECAP

4 Exhibit Declaration of Bo Mazzetti, Chairman of the California Tribal Chairperso

View on PACER

5 Exhibit Declaration of Leonard Forsman, President of the Affiliated Tribes of No

View on PACER

6 Exhibit Declaration of Yvette Roubideaux

View on PACER

April 23, 2020 RECAP
21

Memorandum in opposition to re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 04/23/2020)

April 23, 2020 RECAP
22

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs Motions for Temporary Restraining Order and Preliminary Injunction by GILA RIVER INDIAN COMMUNITY, NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION, PENOBSCOT NATION, NOTTAWASEPPI HURON BAND OF THE POTAWATOMI (Attachments: # 1 Exhibit Lodged Amicus Brief, # 2 Text of Proposed Order)(Godfrey, Merrill) (Entered: 04/23/2020)

April 23, 2020 PACER
23

AMICUS BRIEF by AHTNA, INC.. (znmw) (Entered: 04/24/2020)

April 23, 2020 RECAP
24

AMICUS BRIEF by ALASKA NATIVE VILLAGE ASSOCIATION, ANCSA REGIONAL ASSOCIATION. (znmw) (Entered: 04/24/2020)

April 23, 2020 RECAP

Notice of Corrected Docket Entry

April 24, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 17 Notice of Appearance and 14 Notice of Appearance were entered in error and counsel is instructed to refile; each appearing counsel must file their own appearance using individual login credentials. (znmw)

April 24, 2020 PACER

.Order

April 24, 2020 PACER

Order on Motion for Leave to File

April 24, 2020 PACER

MINUTE ORDER granting 22 Motion for Leave to File to File Amicus Curiae Brief. Signed by Judge Amit P. Mehta on 04/24/2020. (lcapm2)

April 24, 2020 PACER
25

AMICUS BRIEF by GILA RIVER INDIAN COMMUNITY, NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION, NOTTAWASEPPI HURON BAND OF THE POTAWATOMI, PENOBSCOT NATION. (eg) (Entered: 04/24/2020)

April 24, 2020 RECAP

Order

April 24, 2020 PACER
26

NOTICE of Appearance by Christine Williams on behalf of ALASKA NATIVE VILLAGE ASSOCIATION (Williams, Christine) (Entered: 04/24/2020)

April 24, 2020 PACER

Motion Hearing

April 24, 2020 PACER
27

NOTICE of Appearance by James Harrison Powell, II on behalf of ALASKA NATIVE VILLAGE ASSOCIATION (Powell, James) (Entered: 04/24/2020)

April 24, 2020 PACER
28

NOTICE of Appearance by Christine Williams on behalf of ANCSA REGIONAL ASSOCIATION (Williams, Christine) (Entered: 04/24/2020)

April 24, 2020 PACER
29

NOTICE of Appearance by James Harrison Powell, II on behalf of ANCSA REGIONAL ASSOCIATION (Powell, James) (Entered: 04/24/2020)

April 24, 2020 PACER
30

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES. (Attachments: # 1 Declaration)(Kanji, Riyaz) (Entered: 04/24/2020)

1 Declaration

View on PACER

April 24, 2020 RECAP
31

NOTICE of Change of Address by William Kenneth Walker (Walker, William) (Entered: 04/24/2020)

April 24, 2020 RECAP

MINUTE ORDER. Members of the public or media who wish to access the hearing on Plaintiffs' Motion for a Temporary Restraining Order scheduled for today, April 24, 2020, at 3:00 p.m., may now access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 04/24/2020. (lcapm2)

April 24, 2020 PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 4/24/2020 re 3 Motion for Temporary Restraining Order and Preliminary Injunction. (Court Reporter: William Zaremba) (zjd)

April 24, 2020 PACER
32

NOTICE in Response to the Court's Questions at the Telephonic Hearing by STEVEN MNUCHIN (Lynch, Jason) (Entered: 04/24/2020)

April 24, 2020 RECAP
33

NOTICE by ALASKA NATIVE VILLAGE ASSOCIATION (Williams, Christine) (Entered: 04/25/2020)

April 25, 2020 RECAP
34

MOTION to Correct Procedural Defect/Controlling Authority by ANCSA REGIONAL ASSOCIATION (Williams, Christine) Modified on 4/28/2020 to correct docket event/text (eg). (Entered: 04/25/2020)

April 25, 2020 RECAP

Notice of QC

April 27, 2020 PACER

NOTICE OF ERROR re 31 Notice of Change of Address; emailed to wkw@att.net, cc'd 17 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must change their address via Pacer (zeg, )

April 27, 2020 PACER
35

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by UTE TRIBE OF THE UINTAH AND OURAY RESERVATION. (Rasmussen, Jeffrey) (Entered: 04/27/2020)

April 27, 2020 RECAP
36

MEMORANDUM AND OPINION as to 3 Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction. See attached Memorandum Opinion for further details. Signed by Judge Amit P. Mehta on 04/27/2020. (lcapm2) (Entered: 04/27/2020)

April 27, 2020 RECAP
37

ORDER. For the reasons stated in the 36 Memorandum Opinion, the court grants in part and denies in part Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction. See attached Order for further details. Signed by Judge Amit P. Mehta on 04/27/2020. (lcapm2) (Entered: 04/27/2020)

April 27, 2020 RECAP

Order

April 28, 2020 PACER

.Order

April 28, 2020 PACER

MINUTE ORDER. The parties shall meet and confer and, by May 1, 2020, file a Joint Status Report that proposes a schedule for further proceedings in this matter. The Joint Status Report shall also update the court on any developments in the disbursement of Title V funds to federally recognized Indian tribes, as well as any funds withheld from ANCs pursuant to the court's preliminary injunction order. Signed by Judge Amit P. Mehta on 04/28/2020. (lcapm2)

April 28, 2020 PACER
38

NOTICE of Appearance by Matthew Newman on behalf of ARTIC VILLAGE COUNCIL, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, ROSEBUD SIOUX TRIBE (Newman, Matthew) (Entered: 04/28/2020)

April 28, 2020 RECAP

Set/Reset Deadlines

April 28, 2020 PACER

Set/Reset Deadlines: Joint Status Report due by 5/1/2020. (zjd)

April 28, 2020 PACER
39

NOTICE of Appearance by Jonathan W Katchen on behalf of AHTNA, INC. (Katchen, Jonathan) (Entered: 04/28/2020)

April 28, 2020 PACER
40

NOTICE of Appearance by Jeremy J. Patterson on behalf of UTE TRIBE OF THE UINTAH AND OURAY RESERVATION (Patterson, Jeremy) (Entered: 04/29/2020)

April 29, 2020 PACER
41

TRANSCRIPT OF TELEPHONIC STATUS HEARING before Judge Amit P. Mehta held on April 23, 2020; Page Numbers: 1-23. Date of Issuance:April 29, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from t he court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/20/2020. Redacted Transcript Deadline set for 5/30/2020. Release of Transcript Restriction set for 7/28/2020.(Moreira, Lisa) (Entered: 04/29/2020)

April 29, 2020 PACER
42

TRANSCRIPT OF TELEPHONIC/VIDEOCONFERENCE HEARING ON MOTION FOR TEMPORARY RETRAINING ORDER PROCEEDINGS before Judge Amit P. Mehta held on April 24, 2020; Page Numbers: 1-82. Date of Issuance: April 30, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at th e courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/21/2020. Redacted Transcript Deadline set for 5/31/2020. Release of Transcript Restriction set for 7/29/2020.(wz) (Entered: 04/30/2020)

April 30, 2020 PACER
43

MOTION to Intervene by AHTNA, INC. (Attachments: # 1 Exhibit Declaration of Ken Johns, # 2 Exhibit Proposed Answer to Chehalis Plaintiffs' Complaint, # 3 Exhibit Proposed Answer to Sioux Plaintiffs' Complaint, # 4 Exhibit Proposed Answer to Ute Indian Tribe Complaint, # 5 Rule 26.1 Certificate, # 6 Text of Proposed Order)(O'Leary, Michael) (Entered: 04/30/2020)

1 Exhibit Declaration of Ken Johns

View on PACER

2 Exhibit Proposed Answer to Chehalis Plaintiffs' Complaint

View on PACER

3 Exhibit Proposed Answer to Sioux Plaintiffs' Complaint

View on PACER

4 Exhibit Proposed Answer to Ute Indian Tribe Complaint

View on PACER

5 Rule 26.1 Certificate

View on PACER

6 Text of Proposed Order

View on PACER

April 30, 2020 RECAP
44

Joint STATUS REPORT pursuant to the Court's April 28, 2020, minute order by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 05/01/2020)

May 1, 2020 RECAP
45

MOTION to Intervene and Memorandum of Points and Authorities in Support by Alaska Native Village Corporation Association, Inc., Association of ANCSA Regional Corporation Presidents/CEO's, Inc. (Attachments: # 1 Declaration Aaron M. Schutt, # 2 Declaration Anthony Mallott, # 3 Declaration Richard Glenn, # 4 Declaration Shuana Z. Hegna, # 5 Declaration Sherri Buretta, # 6 Declaration Sophie Minich, # 7 Declaration Wayne Westlake, # 8 Declaration Nancy Andrew, # 9 Declaration Alfred Thomas Harris, # 10 Declaration Clifford Blair, # 11 Declaration Dean Gould, # 12 Declaration Ed Herndon, # 13 Declaration Janine Avner, # 14 Declaration Kenneth A. Hughes IV, # 15 Declaration Leo Barlow, # 16 Declaration Melissa M. Kookesh, # 17 Declaration Michele Christiansen, # 18 Declaration Patrick McCarty, # 19 Declaration Robert D. Mills, # 20 Declaration Ron Philemonoff, # 21 Declaration Thomas Kirk, # 22 Declaration Gail Schubert, # 23 Declaration Thomas Mack, # 24 Declaration George Sam, # 25 Exhibit Ex. 25 - Proposed Answer to Chehalis Complaint, # 26 Exhibit Ex. 26 - Propsed Answer to Cheyenne River Complaint, # 27 Exhibit Ex. 27 - Proposed Answer to Ute Tribe Complaint, # 28 ANVCA Rule 26.1 Disclosure, # 29 ARA Rule 26.1 Disclosure, # 30 Text of Proposed Order)(Wolff, Daniel) (Entered: 05/05/2020)

1 Declaration Aaron M. Schutt

View on RECAP

2 Declaration Anthony Mallott

View on PACER

3 Declaration Richard Glenn

View on PACER

4 Declaration Shuana Z. Hegna

View on PACER

5 Declaration Sherri Buretta

View on PACER

6 Declaration Sophie Minich

View on PACER

7 Declaration Wayne Westlake

View on PACER

8 Declaration Nancy Andrew

View on PACER

9 Declaration Alfred Thomas Harris

View on PACER

10 Declaration Clifford Blair

View on PACER

11 Declaration Dean Gould

View on PACER

12 Declaration Ed Herndon

View on PACER

13 Declaration Janine Avner

View on PACER

14 Declaration Kenneth A. Hughes IV

View on PACER

15 Declaration Leo Barlow

View on PACER

16 Declaration Melissa M. Kookesh

View on PACER

17 Declaration Michele Christiansen

View on PACER

18 Declaration Patrick McCarty

View on PACER

19 Declaration Robert D. Mills

View on PACER

20 Declaration Ron Philemonoff

View on PACER

21 Declaration Thomas Kirk

View on PACER

22 Declaration Gail Schubert

View on PACER

23 Declaration Thomas Mack

View on PACER

24 Declaration George Sam

View on PACER

25 Exhibit Ex. 25 - Proposed Answer to Chehalis Complaint

View on PACER

26 Exhibit Ex. 26 - Propsed Answer to Cheyenne River Complaint

View on PACER

27 Exhibit Ex. 27 - Proposed Answer to Ute Tribe Complaint

View on PACER

28 ANVCA Rule 26.1 Disclosure

View on PACER

29 ARA Rule 26.1 Disclosure

View on PACER

30 Text of Proposed Order

View on PACER

May 5, 2020 RECAP

.Order

May 5, 2020 PACER

Order

May 5, 2020 PACER
46

MOTION to Intervene by CALISTA CORPORATION, Kwethluk, Incorporated, Sea Lion Corporation, St. Marys Native Corporation, Napaskiak, Incorporated, Akiachak, Limited (Attachments: # 1 Exhibit A - Declaration of A. Guy, # 2 Exhibit B - Declaration of G. Guy, # 3 Exhibit C - Declaration of N. Andrew, # 4 Exhibit D - Declaration of M. Naneng, # 5 Exhibit E - Declaration of M. Kaganak, # 6 Exhibit F - Declaration of J. George, # 7 Exhibit G - Proposed Answer to Chehalis Plaintiffs' Complaint, # 8 Exhibit H - Proposed Answer to Sioux Plaintiffs' Complaint, # 9 Exhibit I - Proposed Answer to Ute Indian Tribe Complaint, # 10 Rule 26.1 Certificate, # 11 Text of Proposed Order)(Naresh, Ragan) (Entered: 05/05/2020)

1 Exhibit A - Declaration of A. Guy

View on PACER

2 Exhibit B - Declaration of G. Guy

View on PACER

3 Exhibit C - Declaration of N. Andrew

View on PACER

4 Exhibit D - Declaration of M. Naneng

View on PACER

5 Exhibit E - Declaration of M. Kaganak

View on PACER

6 Exhibit F - Declaration of J. George

View on PACER

7 Exhibit G - Proposed Answer to Chehalis Plaintiffs' Complaint

View on PACER

8 Exhibit H - Proposed Answer to Sioux Plaintiffs' Complaint

View on PACER

9 Exhibit I - Proposed Answer to Ute Indian Tribe Complaint

View on PACER

10 Rule 26.1 Certificate

View on PACER

11 Text of Proposed Order

View on PACER

May 5, 2020 RECAP

Set/Reset Hearings

May 5, 2020 PACER
47

NOTICE of Appearance by Kirsten L. Nathanson on behalf of ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC. (Nathanson, Kirsten) (Entered: 05/05/2020)

May 5, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 5, 2020 PACER

MINUTE ORDER. The parties and Proposed Intervenors shall appear for a telephonic scheduling conference on May 7, 2020, at 1:00 p.m. The courtroom deputy shall distribute dial-in information to counsel. Members of the public who wish to access the hearing may dial in to the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 05/05/2020. (lcapm2)

May 5, 2020 PACER
48

NOTICE of Appearance by David Yolun Chung on behalf of ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC. (Chung, David) (Entered: 05/05/2020)

May 5, 2020 PACER

Set/Reset Hearings: Telephone Conference set for 5/7/2020 at 1:00 PM before Judge Amit P. Mehta. (zjd)

May 5, 2020 PACER
49

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rose M. Weckenmann, Filing fee $ 100, receipt number ADCDC-7093364. Fee Status: Fee Paid. by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Ducheneaux, Nicole) (Entered: 05/05/2020)

May 5, 2020 PACER

MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Rose M. Weckenmann is hereby admitted pro hac vice in this matter on behalf of Plaintiff Cheyenne River Sioux Tribe. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 05/05/2020. (lcapm2)

May 5, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Various federally recognized tribal governments.

Plaintiff Type(s):

American Indian Tribe

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of the Treasury, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Government Services

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Race:

American Indian/Alaskan Native

Benefit Source:

CARES Act (Covid-related)