Case: Brackeen v. Zinke

4:17-cv-00868 | U.S. District Court for the Northern District of Texas

Filed Date: Oct. 25, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 25, 2017, foster parents and three states (Texas, Louisiana, and Indiana) filed this lawsuit challenging the constitutionality of the Indian Child Welfare Act (the “ICWA”) and accompanying regulations, including regulations promulgated by the Bureau of Indian Affairs titled Indian Child Welfare Act Proceedings (the “Final Rule”). They also challenged certain provisions of the Social Security Act (“SSA”) that predicated federal funding for portions of state child-welfare payments on c…

On October 25, 2017, foster parents and three states (Texas, Louisiana, and Indiana) filed this lawsuit challenging the constitutionality of the Indian Child Welfare Act (the “ICWA”) and accompanying regulations, including regulations promulgated by the Bureau of Indian Affairs titled Indian Child Welfare Act Proceedings (the “Final Rule”). They also challenged certain provisions of the Social Security Act (“SSA”) that predicated federal funding for portions of state child-welfare payments on compliance with the ICWA. The plaintiffs sued the United States of America, several federal agencies, and intervening Native American tribes in the Northern District of Texas. The plaintiffs requested a declaratory judgment that the ICWA, 25 U.S.C. §§ 1901–1923, 1951–1952, was unconstitutional and unenforceable and an injunction prohibiting the implementation or administration of those sections of the ICWA. They also sought attorney’s fees and costs. Private counsel represented the parents. The case was assigned to Judge Reed C. O’Connor.

Background on the Indian Child Welfare Act

Congress passed the ICWA in the 1970s in response to concerns about the large number of Native American children being removed from families and tribes and being placed in non-Native homes. The ICWA mandated that placement preferences in foster care and adoptive homes favor placing Native children with members of the child’s extended family, or if not possible, with members of the child’s tribe or with other Native families. The ICWA required a showing of “good cause” to override that preference.

Plaintiffs' Specific Claims

The plaintiffs argued that the ICWA and Final Rule sets up a system based on racial and ethnic preferences in violation of state and federal law. Both the state and the individual plaintiffs alleged that the ICWA violated the equal protection guarantee of the Fifth Amendment. All plaintiffs alleged that the Final Rule violated the APA because it was not in accordance with law. They also alleged that the parts of the ICWA, Final Rule, and SSA violated the Commerce Clause and the Tenth Amendment by intruding into state domestic relations and violating anti-commandeering principles. The individual plaintiffs further alleged that the ICWA’s placement preferences violated their Fifth Amendment substantive due process right to an intimate familiar relationship with the children they foster. The state plaintiffs alleged that the ICWA and the Final rule also were an impermissible delegation of federal legislative and executive power to tribal nations in violation of Article I of the Constitution.

Native Tribes Permitted to Intervene as Defendants

On March 26, 2018, Native tribes, including Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation, filed a motion to intervene as defendants, and the court granted it two days later. The four Native tribes immediately moved to dismiss the suit. The Navajo Nation, who filed a separate motion to intervene on April 26, 2018, was not permitted to join the lawsuit as a defendant. The court found that the Navajo Nation’s interest would be adequately represented by the four other tribal nation defendants.

The Parties File Cross-Motions for Summary Judgment

Both the state and individual plaintiffs filed motions for summary judgment in April 2018. The federal defendants meanwhile filed both a motion to dismiss and cross-motion for summary judgment. Several parties filed amicus curiae briefs in support of the plaintiffs, federal defendants, and tribal defendant-intervenors. These included briefs from eight states, several tribal advocacy groups, including the National Indian Child Welfare Association and National Congress of American Indians, and the Goldwater Institute. In June 2018, the Native tribes also filed a motion for summary judgment.

District Court Denies Motion to Dismiss and Finds Plaintiffs Have Standing

Judge O’Connor denied both the federal and tribal defendants’ motions to dismiss on July 24, 2018. He found that the state and individual plaintiffs had standing to bring suit. Further, he rejected the federal defendants’ argument that they failed to waive sovereign immunity, finding the APA waived sovereign immunity on plaintiffs’ claims challenging the agency’s Final Rule and actions and that sovereign immunity did not protect against a challenge to the constitutionality of the ICWA. He also found that Younger abstention was not applicable to this case and plaintiffs seeking relief to preclude application of the ICWA to state-court child custody proceedings did not require abstention in this case.

District Court Grants Summary Judgment to Plaintiffs

After a hearing on the motions for summary judgment, on October 4, 2018, Judge O’Connor granted the plaintiffs’ motions for summary judgment in part and denied in part. 338 F. Supp. 3d 514. The court evaluated the plaintiff’s claims that the ICWA and Final Rule violated: 1) The equal protection requirements of the Fifth Amendment; (2) the Due Process Clause of the Fifth Amendment; (3) the Tenth Amendment; and (4) the proper scope of the Indian Commerce Clause. The state plaintiffs also argued that: (1) the Final Rule violated the Administrative Procedure Act (the “APA”); and (2) the ICWA violated the non-delegation doctrine Article I of the Constitution.

First, the court addressed the plaintiffs’ equal protection claims and the appropriate level of review. The plaintiffs argued strict scrutiny applied because ICWA relied on racial classifications. The defendants responded that the placement preferences relied not on racial classification, but rather political classifications, and therefore, rational basis review should be applied. The court agreed with the plaintiffs and found that the ICWA classification mirrored racial classification and that strict scrutiny applied. The court granted the plaintiffs summary judgment on their equal protection claim because the classifications in the ICWA were not narrowly tailored and did not serve a compelling governmental interest.

Next, the court evaluated the state plaintiffs’ Article I non-delegation claim and granted them summary judgment. The state plaintiffs claimed that the ICWA was unconstitutional because it delegated congressional power to Native American tribes by permitting tribes to reorder congressionally enacted adoption placement preference by tribal decree and apply these orders against the states. The court held that regardless of whether Native tribes were characterized as quasi-sovereigns or domestic dependent nations, the Constitution did not permit them to exercise federal legislative or executive power over non-tribal persons on non-tribal land. Accordingly, it held the delegation in the ICWA and Final Rule permitting tribal placement preferences to apply over those in the ICWA impermissible.

The court also granted the plaintiffs’ summary judgment on their Tenth Amendment anti-commandeering claim. The plaintiffs argued that the ICWA unconstitutionally required state courts and executive agencies to apply federal standards and directives to state created claims. The federal government argued that they had the power to enact the ICWA under the Indian Commerce Clause. The court determined that the ICWA violated three principles laid out in Murphy v. NCAA on the importance of the anti-commandeering doctrine: 1) protecting the Constitution’s structural protections of liberty; 2) promoting political accountability; 3) preventing Congress from shifting the cost of regulation to the states. The court rejected the idea that the ICWA preempts state law, as the ICWA is directly regulating the states.

Finally, the court granted the plaintiffs summary judgment on their claim that the Final Rule violated the APA by implementing an unconstitutional law, exceeding the scope of the BIA’s statutory regulatory authority, and reflecting an impermissibly ambiguous construction of the statute; and is otherwise arbitrary and capricious.

The court denied summary judgment to the individuals plaintiffs on their claim that the ICWA and Final Rule violated the Fifth Amendment Due Process clause. The court refused to recognize a fundamental right of keeping foster families or prospective adoptive families together. Judge O’Connor entered final judgment that day, October 4, 2018, and declared §§ 1901–1923, 1951–1952 of the ICWA and the Final Rule unconstitutional.

Defendants Appeal to the Fifth Circuit & Fifth Circuit Reverses District Court

The defendants appealed to the Fifth Circuit on November 19, 2018, docket number 18-11479. The Navajo Nation once again sought to intervene on the appeal, and this time, the Fifth Circuit permitted them to intervene in support of appellants.

On August 9, 2019, in an opinion written by Circuit Judge James L. Dennis, the Fifth Circuit reversed the district court’s grant of summary judgment to the plaintiffs. 937 F.3d 406. Regarding the plaintiffs’ equal protection claim, the Fifth Circuit court determined that the classification was a political, rather than racial classification and applied rational basis review. The court reversed the anti-commandeering claim and preemption claim, stating that the ICWA regulates private individuals rather than states. Circuit Judge Priscilla Owen wrote an opinion concurring in part and dissenting in part. Judge Owen believed that the ICWA violated the constitution by directing state officers and agents to administer federal law.

En Banc Rehearing Results in Highly Fractured, 325 Page Decision that Partially Reverses, Partially Affirms District Court

On November 7, 2019, the Fifth Circuit granted a rehearing en banc. On April 6, 2021, the en banc Fifth Circuit released a highly fractured opinion, totaling 325 pages. Two principal opinions were filed by Judge James L. Dennis and Judge Stuart Kyle Duncan. Neither principal opinion gained majority support on all issues. A majority of the court agreed that Congress has the authority to enact the ICWA under Article I of the Constitution. They also reversed the district court’s decision that the classification in the ICWA violated the equal protection clause. A majority of the en banc court also found that several provisions of the ICWA do not illegal commandeer the states, but affirmed the district court’s ruling that other parts of the ICWA did unconstitutionally commandeer state officials. The en banc court was split on other issues, including the district court’s ruling the ICWA violated the equal protection by preferring other Native American families over the adoptive parents, saying that the holding was “affirmed without a precedential opinion.”

The en banc majority reversed the district court’s ruling on the preemption and nondelegation doctrine claims. Lastly, the en banc majority held that the BIA did not violate the APA by concluding the Final Rule may issue regulations binding on state courts but held that it did violate the APA by implementing unconstitutional provisions.

Judge Costa wrote a particularly lively opinion concurring in part and dissenting in part. Judge Costa would find that the plaintiffs lacked standing because the circuit court lacked the power to bind state courts conducting adoption proceedings and therefore could not redress the injury. He wrote “it will no doubt shock the reader who has slogged through today’s lengthy opinions. . . this case will not have binding effect in a single adoption.” He further wrote “there is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to.” He also criticized the other opinions for their narrow view on federal power when it was being used to sustain tribal life, rather than destroy it: “[T]he most tragic irony of today’s opinions” is that “[a]fter more than two centuries of courts' recognizing sweeping federal power over Indian affairs when that power was often used to destroy tribal life, our court comes within a whisker of rejecting that power when it is being used to sustain tribal life. . . . Contrary to what a near-majority of our court concludes, the same power Congress once relied on to tear Indian children from Indian homes authorizes Congress to enlist state courts in the project of returning them.”

The case is ongoing.

Summary Authors

Kennon Wales (4/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6183572/parties/brackeen-v-zinke/


Judge(s)

Dennis, James L. (Louisiana)

O'Connor, Reed Charles (Texas)

Owen, Priscilla Richman (Texas)

Wiener, Jacques Loeb Jr. (Louisiana)

Attorneys(s) for Plaintiff

Davis, James E. (Texas)

Fiddler, Mark (Minnesota)

Hacker, David J. (Texas)

Hvidt, Scott K. (Texas)

Mateer, Jeffrey C (Texas)

McGill, Matthew Dempsey (District of Columbia)

Judge(s)

Dennis, James L. (Louisiana)

O'Connor, Reed Charles (Texas)

Owen, Priscilla Richman (Texas)

Wiener, Jacques Loeb Jr. (Louisiana)

Attorneys(s) for Plaintiff

Davis, James E. (Texas)

Fiddler, Mark (Minnesota)

Hacker, David J. (Texas)

Hvidt, Scott K. (Texas)

Mateer, Jeffrey C (Texas)

McGill, Matthew Dempsey (District of Columbia)

Paxton, Ken (Texas)

Ricketts, Rebekah P. (Texas)

Shelfer, Lochlan F. (District of Columbia)

Starr, Brantley David (Texas)

Attorneys(s) for Defendant

Kintz, JoAnn Lynn (District of Columbia)

Miskinis, Steven Edward (District of Columbia)

Other Attorney(s)

Belzowski, Katherine Claire (Arizona)

Boyce, Maria W. (Texas)

Bratic, Catherine (Texas)

Charnes, Adam Howard (North Carolina)

Daughety, Samuel Franklin (District of Columbia)

Dougherty Lynch, Erin C (Alaska)

Fort, Kathryn E (Michigan)

Harper, Keith M. (District of Columbia)

Hutchison, Susan E. (Texas)

Jones, Christin J. (Texas)

Lewerenz, Daniel D. (District of Columbia)

Meier, Brennan Holden (Texas)

Miller, Matthew R. (Arizona)

Mundt, Preston R. (Texas)

Newman, Claire R. (Washington)

Novakov, Daniel P. (Texas)

Petoskey, Rose N. (District of Columbia)

Prince, Venus M. (District of Columbia)

Riehl, Christina M. (California)

Salgado, Richard D. (Texas)

Shah, Pratik A. (District of Columbia)

Spruhan, Paul Wesley (Arizona)

Tatachar, Jayant Kartik (Texas)

Webb, Thurston H. (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 14, 2020 Docket
1

Complaint and Prayer for Declaratory Relief

Oct. 25, 2017 Complaint
35

Second Amended Complaint and Prayer for Declaratory Relief

Brackeen v. United States of America

March 22, 2018 Complaint
139

Order

2018 WL 10561984

June 1, 2018 Order/Opinion
155

Order

2018 WL 10561971

July 24, 2018 Order/Opinion
167

Order

Oct. 4, 2018 Order/Opinion
166

Order

338 F.Supp.3d 514

Oct. 4, 2018 Order/Opinion
00515071068

Opinion

Brackeen v. Bernhardt

U. S. Court of Appeals for the Fifth Circuit

937 F.3d 406

Aug. 9, 2019 Order/Opinion
00515810731

Opinion

Brackeen v. Haaland

U. S. Court of Appeals for the Fifth Circuit

994 F.3d 249, 2021 WL 1263721

April 6, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6183572/brackeen-v-zinke/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants filed by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Filing fee $400; Receipt number 0539-8762985) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Cover Sheet) (Ricketts, Rebekah) (Entered: 10/25/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Cover Sheet

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Oct. 25, 2017 RECAP
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Ricketts, Rebekah) (Entered: 10/25/2017)

Oct. 25, 2017 PACER
3

Request for Clerk to issue Summonses to Defendants filed by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Attachments: # 1 Summons to Bryan Rice, # 2 Summons to Michael Black, # 3 Summons to Bureau of Indian Affairs, # 4 Summons to United States Department of the Interior, # 5 Summons to the U.S. Attorney for the Northern District of Texas, # 6 Summons to the United States Attorney General) (Ricketts, Rebekah) (Entered: 10/25/2017)

Oct. 25, 2017 PACER
4

***UNFILED PER ORDER 8 *** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew D. McGill (Filing fee $25; Receipt number 0539-8763528) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah) Modified on 10/26/2017 (skg). (Entered: 10/25/2017)

Oct. 25, 2017 PACER
5

***UNFILED PER ORDER 9 *** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lochlan F. Shelfer (Filing fee $25; Receipt number 0539-8763569) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah) Modified on 10/26/2017 (skg). (Entered: 10/25/2017)

Oct. 25, 2017 PACER
6

New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc) (Entered: 10/26/2017)

Oct. 25, 2017 PACER
7

Summons issued as to Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke, U.S. Attorney, and U.S. Attorney General. (wxc) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
8

Order Unfiling 4 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew D. McGill (Filing fee $25; Receipt number 0539-8763528) filed by Jennifer Kay Brackeen, Chad Everet Brackeen due to the following deficiency: Question IX. Applicant has filed for pro hac vice admission in the United States District Court for the Northern District of Texas during the past three years in the following matters: was left blank. Applicant must fill out all questions. (Ordered by Judge Reed C. O'Connor on 10/26/2017) (skg) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
9

Order Unfiling 5 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lochlan F. Shelfer (Filing fee $25; Receipt number 0539-8763569) filed by Jennifer Kay Brackeen, Chad Everet Brackeen due to the following deficiency: Question IX. Applicant has filed for pro hac vice admission in the United States District Court for the Northern District of Texas during the past three years in the following matters: was left blank. Applicant must fill out all questions. (Ordered by Judge Reed C. O'Connor on 10/26/2017) (skg) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
10

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew D. McGill (Filing fee $25; Receipt number 0539-8765762) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
11

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lochlan F. Shelfer (Filing fee $25; Receipt number 0539-8765780) filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (Ricketts, Rebekah) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
12

ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Matthew D. McGill. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 10/27/2017) (chmb) (bcs) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
13

ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Lochlan F. Shelfer. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 10/27/2017)(chmb)(bcs) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
14

Agreed MOTION to Extend Time To Amend Complaint and File Responsive Pleadings filed by Chad Everet Brackeen, Jennifer Kay Brackeen (Attachments: # 1 Proposed Order) (McGill, Matthew) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
15

ORDER. Before the Court is Plaintiffs' Agreed Motion to Extend Time to Amend Complaint and File Responsive Pleadings (ECF No. 14), filed November 17, 2017. Having reviewed the Motion, the Court finds that it should be and is hereby GRANTED. Accordingly, Plaintiffs' deadline to file an amended complaint is extended to December 15, 2017. Defendants' deadline to answer or file any responsive pleadings or motions is extended to February 13, 2018. (Ordered by Judge Reed C. O'Connor on 11/20/2017) (trt) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
16

SUMMONS Returned Executed as to Ryan Zinke ; served on 10/27/2017. (McGill, Matthew) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
17

SUMMONS Returned Executed as to Bryan Rice ; served on 10/27/2017. (McGill, Matthew) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
18

SUMMONS Returned Executed as to Michael Black ; served on 10/27/2017. (McGill, Matthew) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
19

SUMMONS Returned Executed as to Bureau of Indian Affairs ; served on 10/27/2017. (McGill, Matthew) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
20

SUMMONS Returned Executed as to United States Department of the Interior ; served on 10/27/2017. (McGill, Matthew) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
21

SUMMONS Returned Executed. (Attachments: # 1 Additional Page(s)) (McGill, Matthew) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
22

AMENDED COMPLAINT against Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke filed by Jennifer Kay Brackeen, Chad Everet Brackeen, State of Texas, Altagracia Socorro Hernandez, State of Indiana, Jason Clifford, Frank Nicholas Libretti, State of Louisiana, Heather Lynn Libretti, Danielle Clifford. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5) (McGill, Matthew) (Entered: 12/15/2017)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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3 Exhibit(s) 3

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4 Exhibit(s) 4

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5 Exhibit(s) 5

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Dec. 15, 2017 PACER
23

NOTICE of Attorney Appearance by Steven Edward Miskinis - DOJ on behalf of Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke. (Filer confirms contact info in ECF is current.) (Miskinis - DOJ, Steven) (Entered: 02/06/2018)

Feb. 6, 2018 PACER
24

Unopposed MOTION for Leave to File Brief Exceeding Local Rule Page Limits filed by Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke (Attachments: # 1 Proposed Order) (Miskinis - DOJ, Steven) (Entered: 02/07/2018)

Feb. 7, 2018 PACER
25

ORDER: Defendant's Unopposed Motion for Leave to Exceed Page Limit (ECF No. 24 ) is GRANTED. (Ordered by Judge Reed C. O'Connor on 2/8/2018) (skg) (Entered: 02/09/2018)

Feb. 8, 2018 PACER
26

NOTICE of Attorney Appearance by JoAnn Kintz on behalf of Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke. (Filer confirms contact info in ECF is current.) (Kintz, JoAnn) (Entered: 02/13/2018)

Feb. 13, 2018 PACER
27

MOTION to Dismiss filed by Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke (Kintz, JoAnn) (Entered: 02/13/2018)

Feb. 13, 2018 PACER
28

Brief/Memorandum in Support filed by Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of the Interior, Ryan Zinke re 27 MOTION to Dismiss (Attachments: # 1 Declaration(s) of JoAnn Kintz with Exhibits) (Kintz, JoAnn) (Entered: 02/13/2018)

Feb. 13, 2018 PACER
29

Agreed MOTION to Extend Time to File Responses and Reply to Defendants' Motion to Dismiss filed by State of Indiana, State of Louisiana, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, David) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
30

ORDER granting 29 Agreed Motion to Extend Time to File Responses and Reply to Defendants' Motion to Dismiss. The deadline for Plaintiffs to file a Response is extended to March 20, 2018 and Plaintiffs' deadline to file a Reply is extended to April 6, 2018. (Ordered by Judge Reed C. O'Connor on 2/22/2018) (plp) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
31

MOTION to Expedite Consideration, MOTION to Extend Time to File Responses and Reply to Defendants' and Putative-Intervenors' Motions to Dismiss() filed by State of Indiana, State of Louisiana, State of Texas (Attachments: # 1 Declaration(s) in Support, # 2 Proposed Order) (Hacker, David) (Entered: 03/14/2018)

March 14, 2018 PACER
32

ORDER: The Opposed Motion for Expedited Consideration and Motion to Extend Time to File Responses and Reply to Defendants' and Putative-Intervener's Motion to Dismiss (ECF No. 31 ) is GRANTED. Therefore, the deadline for Plaintiffs to file a Response is extended to April 10, 2018 and Defendants' and the Tribe's deadline to file a Reply is extended to April 27, 2018. (Ordered by Judge Reed C. O'Connor on 3/14/2018) (skg) (Entered: 03/14/2018)

March 14, 2018 PACER
33

STIPULATION and Proposed Order Regarding Plaintiffs' Second Amended Complaint by State of Indiana, State of Louisiana, State of Texas. (Attachments: # 1 Proposed Amendment) (Hacker, David) (Entered: 03/16/2018)

March 16, 2018 PACER
34

ORDER: The Clerk of Court shall file Plaintiffs' Second Amended Complaint, attached hereto as ECF No. 33 -1, on the docket, deemed filed as of this Order. Defendants shall have until May 21, 2018 to reply in support of their motion to dismiss. See order for further specifics. (Ordered by Judge Reed C. O'Connor on 3/22/2018) (skg) (Entered: 03/22/2018)

March 22, 2018 PACER
35

AMENDED COMPLAINT against All Defendants filed by Jason Clifford, Heather Lynn Libretti, Chad Everet Brackeen, Frank Nicholas Libretti, Danielle Clifford, Jennifer Kay Brackeen, State of Indiana, State of Louisiana, State of Texas, Altagracia Socorro Hernandez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (skg) (Entered: 03/22/2018)

March 22, 2018 RECAP
36

Request for Clerk to issue Summons to Alex Azar, in his official capacity as Secretary of the U. S. Department of Health and Human Services filed by State of Indiana, State of Louisiana, State of Texas. (Hacker, David) (Entered: 03/23/2018)

March 23, 2018 PACER
37

Request for Clerk to issue Summons to U. S. Department of Health and Human Services filed by State of Indiana, State of Louisiana, State of Texas. (Hacker, David) (Entered: 03/23/2018)

March 23, 2018 PACER
38

Request for Clerk to issue Summons to United States of America filed by State of Indiana, State of Louisiana, State of Texas. (Hacker, David) (Entered: 03/23/2018)

March 23, 2018 PACER
39

Summons Issued as to Alex Azar, United States Department of Health and Human Services, United States of America. (wxc) (Entered: 03/23/2018)

March 23, 2018 PACER
40

Summons issued as to United States Department of Health and Human Services c/o U.S. Attorney. (npk) (Entered: 03/23/2018)

March 23, 2018 PACER
41

MOTION to Intervene as Defendants filed by Cherokee Nation, Oneida Nation, Quinalt Indian Nation, Morongo Band of Mission Indians (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order). Party Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians added. (Charnes, Adam) (Entered: 03/26/2018)

March 26, 2018 PACER
42

Brief/Memorandum in Support filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re 41 MOTION to Intervene as Defendants (Charnes, Adam) (Entered: 03/26/2018)

March 26, 2018 PACER
43

NOTICE of Attorney Appearance by Adam Howard Charnes on behalf of Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (Filer confirms contact info in ECF is current.) (Charnes, Adam) (Entered: 03/26/2018)

March 26, 2018 PACER
44

NOTICE of Attorney Appearance by Christin Jeffrey Jones on behalf of Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (Filer confirms contact info in ECF is current.) (Jones, Christin) (Entered: 03/26/2018)

March 26, 2018 PACER
45

ORDER granting 41 Motion to Intervene: Accordingly, the motion is well-taken and should be and is hereby GRANTED. The clerk shall FILE the intervenors' motion to dismiss, attached as Exhibit A (ECF No. 41 -1) to their motion. (Ordered by Judge Reed C. O'Connor on 3/28/2018) (skg) (Entered: 03/28/2018)

March 28, 2018 PACER
46

MOTION to Dismiss filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (skg) (Entered: 03/28/2018)

March 28, 2018 PACER
47

SUMMONS Returned Executed as to Alex Azar ; served on 3/26/2018. (Hacker, David) (Entered: 03/28/2018)

March 28, 2018 PACER
48

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 3/26/2018. (Hacker, David) (Entered: 03/28/2018)

March 28, 2018 PACER
49

SUMMONS Returned Executed as to United States of America ; served on 3/26/2018. (Hacker, David) (Entered: 03/28/2018)

March 28, 2018 PACER
50

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9091901) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) DC Certificate of Good Standing, # 2 Proposed Order)Attorney Venus McGhee Prince added to party Cherokee Nation(pty:intvd), Attorney Venus McGhee Prince added to party Morongo Band of Mission Indians(pty:intvd), Attorney Venus McGhee Prince added to party Oneida Nation(pty:intvd), Attorney Venus McGhee Prince added to party Quinalt Indian Nation(pty:intvd) (Prince, Venus) (Entered: 03/30/2018)

March 30, 2018 PACER
51

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9091907) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) GA Certificate of Good Standing, # 2 Proposed Order)Attorney Thurston H Webb added to party Cherokee Nation(pty:intvd), Attorney Thurston H Webb added to party Morongo Band of Mission Indians(pty:intvd), Attorney Thurston H Webb added to party Oneida Nation(pty:intvd), Attorney Thurston H Webb added to party Quinalt Indian Nation(pty:intvd) (Webb, Thurston) (Entered: 03/30/2018)

March 30, 2018 PACER
52

ELECTRONIC ORDER granting 50 Application for Admission Pro Hac Vice of Venus McGhee Prince. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/2/2018)(chmb)(bcs) (Entered: 04/02/2018)

April 2, 2018 PACER
54

Unopposed MOTION for Leave to File Brief Exceeding Local Rule Page Limits filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Miskinis - DOJ, Steven) (Entered: 04/02/2018)

April 2, 2018 PACER
53

ELECTRONIC ORDER granting 51 Application for Admission Pro Hac Vice of Thurston H Webb. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/2/2018)(chmb)(bcs) (Entered: 04/02/2018)

April 2, 2018 PACER
55

ORDER granting 54 Motion for Leave to File. Defendant may exceed the page limit by fifteen (15) pages for the brief, not to exceed forty (40) pages. (Ordered by Judge Reed C. O'Connor on 4/4/2018) (skg) (Entered: 04/04/2018)

April 4, 2018 PACER
56

MOTION to Dismiss Second Amended Complaint filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke (Attachments: # 1 Proposed Order)Attorney JoAnn Kintz added to party Alex Azar(pty:dft), Attorney JoAnn Kintz added to party United States Department of Health and Human Services(pty:dft), Attorney JoAnn Kintz added to party United States of America(pty:dft) (Kintz, JoAnn) (Entered: 04/05/2018)

April 5, 2018 PACER
57

Brief/Memorandum in Support filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke re 56 MOTION to Dismiss Second Amended Complaint (Attachments: # 1 Declaration(s) of JoAnn Kintz with Exhibits) (Kintz, JoAnn) (Entered: 04/05/2018)

1 Declaration(s) of JoAnn Kintz with Exhibits

View on PACER

April 5, 2018 PACER
58

MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Proposed Order) (Charnes, Adam) (Entered: 04/05/2018)

April 5, 2018 PACER
59

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9107214) filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Exhibit(s) Washington Cert. of Good Standing)Attorney Claire R Newman added to party Cherokee Nation(pty:intvd), Attorney Claire R Newman added to party Morongo Band of Mission Indians(pty:intvd), Attorney Claire R Newman added to party Oneida Nation(pty:intvd), Attorney Claire R Newman added to party Quinalt Indian Nation(pty:intvd) (Newman, Claire) (Entered: 04/06/2018)

April 6, 2018 PACER
60

ELECTRONIC ORDER granting 59 Application for Admission Pro Hac Vice of Claire R Newman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/9/2018)(chmb)(bcs) (Entered: 04/09/2018)

April 9, 2018 PACER
61

NOTICE of Attorney Appearance by Keith M. Harper on behalf of Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation. (Filer confirms contact info in ECF is current.) (Harper, Keith) (Entered: 04/13/2018)

April 13, 2018 PACER
62

MOTION for Leave to File Combined Brief filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas (Attachments: # 1 Proposed Order) (McGill, Matthew) (Entered: 04/24/2018)

April 24, 2018 PACER
63

RESPONSE filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation re: 62 MOTION for Leave to File Combined Brief (Charnes, Adam) (Entered: 04/24/2018)

April 24, 2018 PACER
64

REPLY filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 62 MOTION for Leave to File Combined Brief (McGill, Matthew) (Entered: 04/24/2018)

April 24, 2018 PACER
65

ORDER: Plaintiffs' Motion for Leave to File Combined Brief (ECF No. 62 ) is GRANTED. See Order for further specifics. (Ordered by Judge Reed C. O'Connor on 4/25/2018) (skg) (Entered: 04/25/2018)

April 25, 2018 PACER
66

*** FILED IN ERROR. DISREGARD PER ATTORNEY.*** Unopposed MOTION for Leave to File Brief Amicus Curiae filed by Goldwater Institute. Party Goldwater Institute added.Attorney Matthew R Miller added to party Goldwater Institute(pty:am) (Miller, Matthew) Modified on 4/26/2018 (wxc). (Entered: 04/26/2018)

April 26, 2018 PACER
67

*** FILED IN ERROR. DISREGARD PER ATTORNEY.***Brief/Memorandum in Support filed by Goldwater Institute re 64 Reply, (Miller, Matthew) Modified on 4/26/2018 (wxc). (Entered: 04/26/2018)

April 26, 2018 PACER
68

MOTION to Expedite Consideration (), MOTION to Stay Proceedings on Summary Judgment Pending Resolution of Defendants' Motion to Dismiss filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Kintz, JoAnn) Modified on 4/26/2018 (edm). Modified on 4/27/2018 (edm). (Entered: 04/26/2018)

April 26, 2018 PACER
69

MOTION for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss filed by State of Ohio with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief of the State of Ohio Opposing Defendant's Motion to Dismiss, # 2 Proposed Order [Proposed] Order Granting Motion of the State of Ohio for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss). Party State of Ohio added. (Novakov, Daniel) (Entered: 04/26/2018)

April 26, 2018 PACER
70

MOTION for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss filed by State of Ohio with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief of the State of Ohio Opposing Defendants' Motion to Dismiss, # 2 Proposed Order [Proposed} Order Granting Motion of the State of Ohio for Leave to File Amicus Curiae Brief Opposing Defendants' Motion to Dismiss) (Novakov, Daniel) Modified termination date on 5/22/2018 per Order 98 (skg). (Entered: 04/26/2018)

April 26, 2018 PACER
71

MOTION for Leave to File Brief Amicus Curiae in Opposition to Defendants' Motion to Dismiss filed by Goldwater Institute (Attachments: # 1 Exhibit(s) Brief Amicus Curiae of Goldwater Institute in Opposition to Defendants' Motion to Dismiss, # 2 Proposed Order) (Miller, Matthew) (Entered: 04/26/2018)

April 26, 2018 PACER
72

MOTION for Summary Judgment filed by State of Indiana, State of Louisiana, State of Texas (Hacker, David) (Entered: 04/26/2018)

April 26, 2018 PACER
73

Appendix in Support filed by State of Indiana, State of Louisiana, State of Texas re 72 MOTION for Summary Judgment (Attachments: # 1 Additional Page(s) Part 2, # 2 Additional Page(s) Part 3) (Hacker, David) (Entered: 04/26/2018)

April 26, 2018 PACER
74

Brief/Memorandum in Support filed by State of Indiana, State of Louisiana, State of Texas re 72 MOTION for Summary Judgment, 58 MOTION to Dismiss Plaintiff's Second Amended Complaint, 56 MOTION to Dismiss Second Amended Complaint (Combined Brief in Opposition to Motions to Dismiss and in Support of Motion for Summary Judgment) (Hacker, David) (Entered: 04/26/2018)

April 26, 2018 RECAP
75

NOTICE of Attorney Appearance by Maria Wyckoff Boyce on behalf of Navajo Nation. (Filer confirms contact info in ECF is current.). Party Navajo Nation added. (Boyce, Maria) (Entered: 04/26/2018)

April 26, 2018 PACER
76

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Paul Spruhan (Filing fee $25; Receipt number 0539-9151463) filed by Navajo Nation (Attachments: # 1 Attachment A, # 2 Proposed Order) (Boyce, Maria) (Entered: 04/26/2018)

April 26, 2018 PACER
77

MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 filed by Navajo Nation (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Boyce, Maria) (Entered: 04/26/2018)

April 26, 2018 PACER
78

Brief/Memorandum in Support filed by Navajo Nation re 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 (Attachments: # 1 Appendix (Exhibits 1-4)) (Boyce, Maria) (Entered: 04/26/2018)

April 26, 2018 PACER
79

MOTION for Summary Judgment filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti (Attachments: # 1 Proposed Order) (McGill, Matthew) (Entered: 04/26/2018)

April 26, 2018 PACER
80

Brief/Memorandum in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti re 58 MOTION to Dismiss Plaintiff's Second Amended Complaint, 79 MOTION for Summary Judgment, 56 MOTION to Dismiss Second Amended Complaint (Combined Brief in Opposition to Motions to Dismiss and in Support of Motion for Summary Judgment) (McGill, Matthew) (Entered: 04/26/2018)

April 26, 2018 RECAP
81

Appendix in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti re 79 MOTION for Summary Judgment (McGill, Matthew) (Entered: 04/26/2018)

April 26, 2018 RECAP
132

AMICUS BRIEF OF THE STATE OF OHIO OPPOSING DEFENDANTS' MOTION TO DISMISS 56 . (skg) (Entered: 05/31/2018)

April 26, 2018 PACER
133

BRIEF AMICUS CURIAE OF GOLDWATER INSTITUTE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS 56 . (skg) (Entered: 05/31/2018)

April 26, 2018 PACER
82

NOTICE of Attorney Appearance by Maria Wyckoff Boyce for Preston Mundt on behalf of Navajo Nation. (Boyce, Maria) (Entered: 04/27/2018)

April 27, 2018 PACER
83

ELECTRONIC ORDER granting 76 Application for Admission Pro Hac Vice of Paul Spruhan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 4/27/2018)(chmb)(bcs) (Entered: 04/27/2018)

April 27, 2018 PACER
84

MOTION to Extend Time to amend scheduling order filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas (Attachments: # 1 Proposed Order) (McGill, Matthew) (Entered: 05/01/2018)

May 1, 2018 PACER
85

Brief/Memorandum in Support filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re 84 MOTION to Extend Time to amend scheduling order and in opposition to re 68 MOTION to Expedite Consideration (), MOTION to Stay Proceedings on Summary Judgment Pending Resolution of Defendants' Motion to Dismiss (McGill, Matthew) (Entered: 05/01/2018)

May 1, 2018 PACER
86

ORDER: Defendants' Motion to Stay (ECF No. 70 ) is hereby DENIED; Plaintiffs' Motion to Extend Time (ECF No. 84 ) is GRANTED in part and DENIED in part. See Order for further specifics. (Ordered by Judge Reed C. O'Connor on 5/1/2018) (skg) (Entered: 05/01/2018)

May 1, 2018 PACER
87

RESPONSE filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 (McGill, Matthew) (Entered: 05/03/2018)

May 3, 2018 PACER
88

NOTICE of Attorney Appearance by Jillian Beck on behalf of Navajo Nation. (Filer confirms contact info in ECF is current.) (Beck, Jillian) (Entered: 05/14/2018)

May 14, 2018 PACER
89

REPLY filed by Navajo Nation re: 77 MOTION to Intervene as Defendant for the Limited Purpose of Seeking Dismissal Pursuant to Rule 19 (Boyce, Maria) (Entered: 05/15/2018)

May 15, 2018 PACER
90

NOTICE of Attorney Appearance by Scott Kristian Hvidt on behalf of Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti. (Filer confirms contact info in ECF is current.) (Hvidt, Scott) (Entered: 05/16/2018)

May 16, 2018 PACER
91

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Katherine C. Belzowski (Filing fee $25; Receipt number 0539-9197499) filed by Navajo Nation (Attachments: # 1 Exhibit(s) Attachment A - Certificate of Good Standing, # 2 Proposed Order) (Boyce, Maria) (Entered: 05/17/2018)

May 17, 2018 PACER
92

MOTION for Leave to File a Combined Brief and For an Extension of Pages filed by Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinalt Indian Nation (Attachments: # 1 Proposed Order) (Charnes, Adam) (Entered: 05/22/2018)

May 22, 2018 PACER
93

ELECTRONIC ORDER granting 91 Application for Admission Pro Hac Vice of Katherine Claire Belzowski. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)).(Ordered by Judge Reed C. O'Connor on 5/22/2018 (chmb)(bcs) (Entered: 05/22/2018)

May 22, 2018 PACER
94

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9207267) filed by State of California, Department of Justice. Party Amici States of California, et al. added.Attorney Christina McClurg Riehl added to party State of California, Department of Justice(pty:am) (Riehl, Christina) (Entered: 05/22/2018)

May 22, 2018 PACER
95

Federal Defendants' Opposed MOTION For Expedited Consideration and Motion for leave to file a Combined Brief in Reply in SUpport of Federal Defendants' Motion to Dismiss, In Opposition to Plaintiffs' Motions for Summary Judgment and in support of Federal Defendants' Cross-Motion for Summary Judgment filed by Alex Azar, Michael Black, Bureau of Indian Affairs, Bryan Rice, United States Department of Health and Human Services, United States Department of the Interior, United States of America, Ryan Zinke with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) of Steven Miskinis, # 2 Exhibit(s) email correspondence regarding conferral, # 3 Proposed Order)Attorney Steven Edward Miskinis - DOJ added to party Alex Azar(pty:dft), Attorney Steven Edward Miskinis - DOJ added to party United States Department of Health and Human Services(pty:dft), Attorney Steven Edward Miskinis - DOJ added to party United States of America(pty:dft) (Miskinis - DOJ, Steven) Modified on 5/25/2018 (wrb). (Entered: 05/22/2018)

May 22, 2018 PACER
96

MOTION To Appear Without Local Counsel filed by State of California, Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Riehl, Christina) Modified on 5/25/2018 (wrb). (Entered: 05/22/2018)

May 22, 2018 PACER
97

RESPONSE AND OBJECTION filed by Chad Everet Brackeen, Jennifer Kay Brackeen, Danielle Clifford, Jason Clifford, Altagracia Socorro Hernandez, Frank Nicholas Libretti, Heather Lynn Libretti, State of Indiana, State of Louisiana, State of Texas re: 95 MOTION to Expedite, Motion for leave to file a ninety-five page brief on May 25, 2018, 92 MOTION for Leave to File a Combined Brief and For an Extension of Pages (Attachments: # 1 Declaration(s)) (McGill, Matthew) (Entered: 05/22/2018)

May 22, 2018 PACER
98

ORDER: In the Court's May 1, 2018 Order 86, a clerical error designated Defendants' Motion to Stay as ECF No. 70 rather than its correct docket number, ECF No. 68 . Nothing in this Order changes the Court's previous Order except to correctly identify the Motion to Stay (ECF No. 68 ), which remains DENIED. (Ordered by Judge Reed C. O'Connor on 5/22/2018) (skg) (Entered: 05/23/2018)

May 22, 2018 PACER

State / Territory: Texas

Case Type(s):

Child Welfare

Key Dates

Filing Date: Oct. 25, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Foster parents and three states: Texas, Louisiana, and Indiana

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America, Federal

Cherokee Nation, Tribe

Oneida Nation, Tribe

Quinalt Indian Nation, Tribe

Morongo Band of Mission Indians, Tribe

Navajo Nation, Tribe

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-basis:

National origin discrimination

Race discrimination