Case: Stephen C. v. Bureau of Indian Education

3:17-cv-08004 | U.S. District Court for the District of Arizona

Filed Date: Jan. 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 23, 2017, several former and current students at Havasupai Elementary School, a Bureau of Indian Education school located on the Havasupai Reservation in Arizona, and Native American Disability Law Center (“NADLC”), filed this lawsuit in U.S. District Court for the District of Arizona alleging that they were denied educational opportunities guaranteed to them by federal law. The plaintiffs, who proceeded individually, were represented by attorneys from NADLC, Public Counsel, the ACLU…

On January 23, 2017, several former and current students at Havasupai Elementary School, a Bureau of Indian Education school located on the Havasupai Reservation in Arizona, and Native American Disability Law Center (“NADLC”), filed this lawsuit in U.S. District Court for the District of Arizona alleging that they were denied educational opportunities guaranteed to them by federal law. The plaintiffs, who proceeded individually, were represented by attorneys from NADLC, Public Counsel, the ACLU of New Mexico, and two law firms. The complaint named the U.S. Department of Interior, the Bureau of Indian Education, and several officials in their official capacities as defendants. The case was assigned to District Judge Steven Paul Logan. The complaint included several claims. The plaintiffs alleged that the defendants violated the Administrative Procedures Act (5 U.S.C. § 706) by failing to provide them with educational opportunities guaranteed to Native American children by federal regulations. They also claimed that the defendants violated Section 504 of the Rehabilitation Act by failing to accommodate students with disabilities and students who suffered complex trauma. Additionally, the plaintiffs alleged that the defendants had failed to comply with U.S. Department of Education regulations regarding the identification and placement of students with disabilities (34 C.F.R. § 104.32; § 104.36). The plaintiffs requested a declaratory judgment, injunctive relief, including remedial education, and attorneys’ fees.

After Judge Logan struck the original complaint for being overly long, the plaintiffs filed a shortened amended complaint with identical claims. They later filed several other amended complaints including more specific requests for injunctive relief and additional individual plaintiffs.

The defendants then moved to dismiss several individual plaintiffs and defendants and challenging several of the plaintiffs’ claims. On March 29, 2018, Judge Logan issued an opinion finding that some of the individual plaintiffs did not have standing and some of individual defendants were improper defendants. However, he allowed all of the plaintiffs’ claims to proceed.

After several months of discovery, in August of 2018 the parties asked Judge Logan to stay the litigation to allow time for an expert assessment of Havasupai Elementary for use in negotiating a remedial settlement. Judge Logan denied the parties’ request, suggesting that dismissing the case would be more appropriate. The parties, however, did not take his suggestion and continued litigating.

In the spring of 2019, the parties filed cross motions for partial summary judgment on the APA and Rehab Act claims. Judge Logan resolved those motions in favor of the defendants in a January 2020 opinion. On the APA claims, he held that the plaintiffs had failed to identify a final agency to challenge. With respect to the remaining claims under the Rehab Act, Judge Logan held that the statute did not apply to executive agencies like the Department of Interior. He also found that two of the individual plaintiffs’ cases were moot.

However, after being asked to reconsider his ruling by the defendants, Judge Logan retracted his holding that the Rehab Act did not apply to the executive branch, but held that the Department of Education’s implementing regulations did not. This change allowed some, but not all, of the plaintiffs’ Rehab Act claims to proceed. Judge Logan found that the defendants had violated the Rehab Act and set the case on for trial to determine the applicable remedy.

The case then proceeded towards a November 2020 trial date. However, on September 25, 2020, the parties reached a settlement on the Rehab Act claims. Among other provisions, the settlement required the appointment of a monitor, creation of an initial compliance plan, three years of reporting, compensatory educational services for the named plaintiffs, and attorneys’ fees. The settlement also provided for court enforcement of its terms. Judge Logan approved the settlement shortly thereafter.

Because the plaintiffs’ remaining claims were eliminated at the summary judgment stage, Judge Logan entered judgment in favor of the defendants. The plaintiffs then appealed to the U.S. Court of Appeals for the Ninth Circuit.

In a March 2022 opinion, the Court of Appeals reversed Judge Logan’s summary judgment decisions. 2022 WL 808141. Chief Judge Mary H. Murguia, writing for a panel including Circuit Judge Susan P. Graber and Sidney A. Fitzwater, held that the plaintiffs were entitled to proceed with their APA claims because they had identified numerous legal obligations that the defendants had failed to comply. She also held that individual plaintiffs who were seeking only compensatory education had standing, reversing Judge Logan’s holding that their cases were moot.

Since the mandate was issued in May of 2022, the parties have been exchanging discovery, but no substantive motions have been filed. The case is ongoing.

Summary Authors

NDRN (8/11/2022)

Jonah Hudson-Erdman (9/25/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4586907/parties/stephen-c-al-v-bureau-of-indian-education/


Judge(s)
Attorney for Plaintiff

Atwood, Amy R (Arizona)

Attorney for Defendant

Amanat, Farzin Franklin (Arizona)

Annatoyn, Travis J. (Arizona)

Backer, Davis Aaron (Arizona)

Bair, Tyler (Arizona)

Expert/Monitor/Master/Other
Judge(s)

Logan, Steven Paul (Arizona)

Attorney for Defendant

Amanat, Farzin Franklin (Arizona)

Annatoyn, Travis J. (Arizona)

Backer, Davis Aaron (Arizona)

Bair, Tyler (Arizona)

Bair, Ty (Arizona)

Barghaan, Dennis Carl (Arizona)

Barker, Paul David (Arizona)

Beausang, Seth M. (Arizona)

Bennett, Jared C. (Arizona)

Bensing, Daniel E. (Arizona)

Beyer, Patricia Nicole (Arizona)

Boronow, Clare Marie (Arizona)

Borson, Joseph Evan (Arizona)

Bosshardt, Stacey M (Arizona)

Bowen, Rachel Kathleen (Arizona)

Bridgewater, Bradley S. (Arizona)

Brinkman, Joanna Kathryn (Arizona)

Burkland, Melissa H. (Arizona)

Butler, Steven E. (Arizona)

Carson, David A (Arizona)

Chicago, AUSA - (Arizona)

Coleman, Melenaniikeawakea (Arizona)

Collins, Brian M (Arizona)

Cooper, Charles Kneeland (Arizona)

Costello, Sara E. (Arizona)

Crable, Trent S (Arizona)

Craigmyle, Bradley Thomas (Arizona)

CV, U S (Arizona)

Damiano, Devon Lea (Arizona)

Dilley, Jonelle M. (Arizona)

DOJ, Steven Edward (Arizona)

Doktor, Leilani Elizabeth (Arizona)

Duffy, Sean Christian (Arizona)

Dunsmore, Dean (Arizona)

Eddy, Ethan Carson (Arizona)

Eitel, Michael Richard (Arizona)

Ennis, Christine Wild (Arizona)

Federighi, Carol (Arizona)

Fitzgerald, Donna S. (Arizona)

Flanagan, Devon Lea (Arizona)

Flax, Meredith L. (Arizona)

Floom, Kristen Byrnes (Arizona)

Francis, Victoria L. (Arizona)

Fuller, David W (Arizona)

Gelatt, Andrea (Arizona)

Geldermann, Edward S (Arizona)

Gerard, William Eron (Arizona)

Gillespie, Stuart C. (Arizona)

Glazer, David B (Arizona)

Glazier, Dustin Michael (Arizona)

GOVT, Anna K. (Arizona)

GOVT, Charles Ray (Arizona)

Grant, Eric (Arizona)

Grohman, Karen (Arizona)

Grosko, John Brett (Arizona)

Hajek, Luther L. (Arizona)

Handley, Cristen C (Arizona)

Harvey, Judith B (Arizona)

Harwell, Lacy R. (Arizona)

Helper, Thomas A. (Arizona)

Herje, Leslie K. (Arizona)

Hessler, Jeremy (Arizona)

Hill, Jason Alan (Arizona)

Hill-DOJ, Jason A (Arizona)

Himel, Yoshinori H. (Arizona)

Himmelhoch, Sarah Dale (Arizona)

Hirneisen, Jill Louise (Arizona)

Hoffman, Hillary Katherine (Arizona)

Holder, Charmaine Michele (Arizona)

Hollingsworth, Mary (Arizona)

Howell, Coby (Arizona)

Howell, Carter (Arizona)

Hu, Daniel David (Arizona)

Hurwit, Joshua David (Arizona)

Imaki, Caitlin B (Arizona)

Inactive, Michael A (Arizona)

Iversen, Tara V. (Arizona)

Jaffe, Rebecca (Arizona)

Johnson, Amanda R (Arizona)

Jr, Rickey Doyle (Arizona)

Kim, Joseph H. (Arizona)

Kintz, JoAnn (Arizona)

Kipnis, Brian C (Arizona)

Kraemer, Talia (Arizona)

LA-CV, Assistant US (Arizona)

Landon, Bruce M. (Arizona)

Langenwalter, Erin (Arizona)

Lantka, Peter Michael (Arizona)

Lawrence-Hammer, Lesley K. (Arizona)

Licht-Steenfat, Jacob (Arizona)

Lindland, Kurt N. (Arizona)

Lindquist, Susan J. (Arizona)

Lively, Lauren Almquist (Arizona)

Lopez-Morales, Cesar A. (Arizona)

Malkin, Harold (Arizona)

Martin, C Levi (Arizona)

Martin, John H. (Arizona)

Marvin, Barbara M.R. (Arizona)

Mathews, Joseph T (Arizona)

McArdle, Kevin William (Arizona)

McCune, Devon Lehman (Arizona)

McNeil, Bridget Kennedy (Arizona)

Miller, Patricia (Arizona)

Miller, Monica L (Arizona)

Miskinis, Steven (Arizona)

Montero, Guillermo A. (Arizona)

Most, John S. (Arizona)

Najjar, Jennifer (Arizona)

Negose, Yosef Mulugeta (Arizona)

Nesbitt, Tanya Camille (Arizona)

Noble-AUSA, Liane Ngin (Arizona)

Odell, Stephen J. (Arizona)

Oliphant, Bradley H. (Arizona)

Olson, Lisa Ann (Arizona)

Ortega, Roberto D (Arizona)

Page, Gregory Daniel (Arizona)

Patrick, Richard Glenn (Arizona)

Pawlak, Brian E (Arizona)

Pettigrew, Shaun M. (Arizona)

Philpott-DOJ, Romney Philpott-DOJ (Arizona)

Piropato, Marissa Ann (Arizona)

Poirier, Kaitlyn A. (Arizona)

Pollak, Daniel Joseph (Arizona)

Porsia, Sara C. (Arizona)

Rabinowitz, Judith (Arizona)

Roberts, Rachel K. (Arizona)

Rodriguez, Roberto H. (Arizona)

Ross, Katherine Ann (Arizona)

Ross, Rebecca M. (Arizona)

Samford, Barclay T. (Arizona)

Sato, Ayako (Arizona)

Schifman, Reuben S (Arizona)

Schwarz, Jody H (Arizona)

Shapiro, William James (Arizona)

Sheffield, Sarah JP (Arizona)

Smith, Nicole Marie (Arizona)

Smith, Andrew Allen (Arizona)

Smith, Mark Steger (Arizona)

Sneed, Sekret T (Arizona)

Snell, Kevin M. (Arizona)

Snodgrass, Thomas K (Arizona)

Sowles, Marcia K. (Arizona)

Stegeby, Erik Kenneth (Arizona)

Stevens, Clifford Eugene (Arizona)

Stimmel, Anna K. (Arizona)

Storey, Ruth A. (Arizona)

Swanson, Kristofor R. (Arizona)

Tarczynska, Dominika Natalia (Arizona)

Taylor, Stephen D. (Arizona)

Terrell, Stephen R (Arizona)

Thomas, James P. (Arizona)

Thomas, Howard R. (Arizona)

Thorp, Michael D (Arizona)

Thurman, Carter (Arizona)

Todd, James D. (Arizona)

Torres, Justin (Arizona)

Turcke, Paul Andrew (Arizona)

Turner, Rickey Doyle (Arizona)

Vance, Holly A. (Arizona)

Vassallo, Nicholas (Arizona)

Walker, Davene Dashawn (Arizona)

Wasserstrom, Leigh Aaron (Arizona)

Watson, Joseph Nathanael (Arizona)

Wichers, Christine J. (Arizona)

Williams, Robert Pendleton (Arizona)

Williams, Michelle-Ann C. (Arizona)

Yang, Hao-Chin Hubert (Arizona)

Young, Delores (Arizona)

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Documents in the Clearinghouse

Document
17

3:17-cv-08004

Complaint for Declaratory and Injunctive Relief

Jan. 23, 2017

Jan. 23, 2017

Complaint
49

3:17-cv-08004

First Amended Complaint for Declaratory and Injunctive Relief

June 2, 2017

June 2, 2017

Complaint
60

3:17-cv-08004

Second Amended Complaint for Declaratory

July 14, 2017

July 14, 2017

Complaint
100

3:17-cv-08004

Order

March 29, 2018

March 29, 2018

Order/Opinion

2018 WL 2018

128

3:17-cv-08004

Third Amended Complaint for Declaratory and Injunctive Relief

Aug. 10, 2018

Aug. 10, 2018

Complaint
135

3:17-cv-08004

Joint Motion to Stay Litigation

Aug. 24, 2018

Aug. 24, 2018

Pleading / Motion / Brief
143

3:17-cv-08004

Order

Jan. 24, 2019

Jan. 24, 2019

Order/Opinion
184

3:17-cv-08004

Plaintiffs’ Motion for Summary Judgment and Memorandum in Support

May 31, 2019

May 31, 2019

Pleading / Motion / Brief
209

3:17-cv-08004

Order

Oct. 10, 2019

Oct. 10, 2019

Order/Opinion
221

3:17-cv-08004

Order

May 8, 2020

May 8, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4586907/stephen-c-al-v-bureau-of-indian-education/

Last updated Feb. 23, 2024, 4:53 a.m.

ECF Number Description Date Link Date / Link
5

NOTICE: Filing fee paid, receipt number 0970-13801427. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-17-08004-PCT-JZB. Magistrate Election form attached. (cc: Plaintiff's Counsel) (Attachments: # 1 Consent) (ATD) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
4

*FILED at Doc. 19 *SEALED LODGED Proposed Motion to Proceed Under Pseudonyms re: 1 SEALED MOTION to Seal Initial Pleadings. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (submitted by Judith Dworkin) (Attachments: # 1 Text of Proposed Order) (ATD) *Modified on 1/23/2017 (MAP)*. (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
3

*FILED Unsealed at Doc. 18 *SEALED LODGED Proposed Motion for Appointment of Guardian Ad Litem re: 1 SEALED MOTION to Seal Initial Pleadings. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (submitted by Judith Dworkin) (Attachments: # 1 Text of Proposed Order) (ATD) *Modified on 1/23/2017 (MAP)*. (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
2

*FILED Unsealed at Doc. 17 *SEALED LODGED Proposed Complaint and Civil Cover Sheet re: 1 SEALED MOTION to Seal Initial Pleadings. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (submitted by Judith Dworkin) (Attachments: # 1 Civil Cover Sheet) (ATD) *Modified on 1/23/2017 (MAP)*. (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
1

*MOTION to Seal Initial Pleadings by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (submitted by Judith Dworkin) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order) (ATD) *Modified on 1/23/2017 to Seal Attachments A and B Pursuant to Order 17 (MAP)*. (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
15

MOTION for Admission Pro Hac Vice as to attorney Tara Ford by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
14

MOTION for Admission Pro Hac Vice as to attorney Mark Dale Rosenbaum by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
13

MOTION for Admission Pro Hac Vice as to attorney Kathryn Ann Eidmann by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
12

MOTION for Admission Pro Hac Vice as to attorney Anne Morgan Hudson-Price by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
11

MOTION for Admission Pro Hac Vice as to attorney Seth J Fortin by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
10

MOTION for Admission Pro Hac Vice as to attorney Elizabeth Song by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
9

MOTION for Admission Pro Hac Vice as to attorney Bradley S Phillips by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Bryan H Heckenlively by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (REW) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
7

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 Steven P. Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-17-8004-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (cc: Plas' Cnsl) (MAP) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
6

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: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
16

MINUTE ORDER granting 8, 9, 10, 11, 12, 13, 14 and 15 Sealed Motions for Admission Pro Hac Vice. (cc: Counsel of Record/BAS)(MAP) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
27

SUMMONS Submitted by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
26

SUMMONS Submitted by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
25

SUMMONS Submitted by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
24

SUMMONS Submitted by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
23

SUMMONS Submitted by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
22

SUMMONS Submitted by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
21

PRELIMINARY ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. 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 a notice of service. See attached Order for complete details. Signed by Judge Steven P. Logan on 1/23/17. (CLB) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
20

ORDER granting 1 Motion to Seal. That the Clerk of Court shall file the Declarations of Proposed Guardians Ad Litem (Exh. A, filed at Doc. 1-1) and the Declaration of Alexis De La Cruz (Exh. B, filed at Doc. 1-2) under seal. FURTHER ORDERED That the Clerk of Court shall unseal and file the lodged Complaint (Doc. 2 ), the lodged Motion for Appointment of Guardians Ad Litem for Minor Plaintiffs (Doc. 3 ), and the lodged Motion to Proceed Under Pseudonyms (Doc. 4 ). FURTHER ORDERED granting 18 Motion to Appoint Guardian Ad Litem. FURTHER ORDERED granting 19 Motion to Proceed Under Pseudonyms. FURTHER ORDERED That upon amendment of the caption as set forth above, the Clerk of Court shall unseal this action. SEE ORDER FOR FULL DETAILS. Signed by Judge Steven P Logan on 1/23/17. (MAP) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
19

MOTION to Proceed Under Pseudonyms by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (MAP) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
18

MOTION to Appoint Guardian Ad Litem by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (MAP) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
17

STRICKEN by 47 - COMPLAINT filed by Taylor P, Stephen C, Jordan A, Jenny A, Anna D, Native American Disability Law Center, Leo R, Durell P, Levi R, Jeremy A. (Attachments: # 1 Civil Cover Sheet)(MAP) Modified on 5/8/2017 (CLB). (Entered: 01/23/2017)

1 Civil Cover Sheet

View on PACER

Jan. 23, 2017

Jan. 23, 2017

Clearinghouse
28

Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
31

ORDER pursuant to General Order 09-08 granting 29 Motion for Admission Pro Hac Vice; granting 30 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: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX181293 as to Maria Martinez Sanchez. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 26, 2017

Jan. 26, 2017

PACER
30

MOTION for Admission Pro Hac Vice as to attorney Maria Martinez Sanchez on behalf of Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Durell P, Taylor P, Leo R, and Levi R. (BAS) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX181292 as to Elisabeth Bechtold. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 26, 2017

Jan. 26, 2017

PACER
29

MOTION for Admission Pro Hac Vice as to attorney Elisabeth Bechtold on behalf of Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Durell P, Taylor P, Leo R, and Levi R. (BAS) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
37

*AMENDED SERVICE EXECUTED re: 34 filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Certificate of Service re: Summons, Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) upon Lawrence Roberts, in his official capacity as Principal Deputy Assistant Secretary-Indian Affairs on 01/27/2017. (Dworkin, Judith) *Modified to reflect amended document on 2/9/2017 (REK). (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
36

SERVICE EXECUTED filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Certificate of Service re: Summons, Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) upon U.S. Department of the Interior on 01/27/2017. (Dworkin, Judith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
35

SERVICE EXECUTED filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Certificate of Service re: Summons, Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) upon Sally Jewell, in her official capacity as Principal Deputy Assistant Secretary of the Interior on 01/27/2017. (Dworkin, Judith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
34

*SERVICE EXECUTED filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Certificate of Service re: Summons, Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) upon United States Department of the Interior on 01/27/2017. (Dworkin, Judith) *Modified to correct party served on 2/8/2017 (REK). (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
33

SERVICE EXECUTED filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Affidavit of Service re: Summons, Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) upon Tony Dearman in his official capacity as Director of the Bureau of Indian Education on 01/30/2017. (Dworkin, Judith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
32

SERVICE EXECUTED filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Certificate of Service re: Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) upon Bureau of Indian Education on 01/27/2017. (Dworkin, Judith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
39

SERVICE EXECUTED filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R : Affidavit of Service re: Summons, Complaint (Dkt 17 ), Civil Cover Sheet (Dkt 17 -1), Motion for Appointment of Guardian Ad Litem (Dkt 18 ); Motion to Proceed Under Pseudonyms (Dkt 19 ); Order Granting Motions (Dkt 20 ); and Preliminary Order (Dkt 21 ) by Certified Mail upon Jeff Williamson, in his official capacity as Principal of Havasupai Elementary School on 01/31/2017. (Attachments: # 1 Exhibit A - Certified Mail Receipt)(Dworkin, Judith) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
38

NOTICE re: Service of Preliminary Order by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R re: 21 Order re Rule 12(b) Motions . (Dworkin, Judith) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
41

ORDER pursuant to General Order 09-08 granting 40 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. (KAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX182790 as to Emily C Curran-Huberty. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAS)

March 3, 2017

March 3, 2017

PACER
40

MOTION for Admission Pro Hac Vice as to attorney Emily C. Curran-Huberty on behalf of Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (KAS) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
43

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 17 Complaint by Bureau of Indian Education, Tony Dearman, Sally Jewell, Lawrence Roberts, United States Department of the Interior, Jeff Williamson. (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
42

First MOTION to Strike 17 Complaint by Lawrence Roberts, United States Department of the Interior, Jeff Williamson. (Attachments: # 1 Memorandum in Support of Motion to Strike, # 2 Text of Proposed Order, # 3 Certification)(Olson, Lisa) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
44

ORDER granting in part the parties' 43 Stipulation. Defendants shall have until April 21, 2017 to file a Response to the Motion to Strike 42 . (See Order for details) Signed by Judge Steven P. Logan on 3/28/17. (CLB) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
45

RESPONSE in Opposition re: 42 First MOTION to Strike 17 Complaint filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order)(Tierney, David) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
46

REPLY to Response to Motion re: 42 First MOTION to Strike 17 Complaint filed by Bureau of Indian Education, Tony Dearman, Sally Jewell, Lawrence Roberts, United States Department of the Interior, Jeff Williamson. (Olson, Lisa) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
47

ORDER: 1. That Defendants' Motion to Strike the Complaint 42 is granted; 2. That the Complaint 17 is stricken; 3. That Plaintiffs are granted leave to file an amended complaint in accordance with this Order no later than June 5, 2017; and 4. That if Plaintiffs elect not to file an amended complaint by June 5, 2017, the Clerk of Court shall enter judgment dismissing this action without further order of this Court. Signed by Judge Steven P. Logan on 5/8/17. (CLB) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
49

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Taylor P, Stephen C, Jordan A, Jenny A, Anna D, Native American Disability Law Center, Leo R, Durell P, Levi R, Jeremy A. (Attachments: # 1 Exhibit A)(Dworkin, Judith) (Entered: 06/02/2017)

1 Exhibit A

View on PACER

June 2, 2017

June 2, 2017

Clearinghouse
48

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R First Amended Complaint for Declaratory and Injunctive Relief. (Attachments: # 1 Exhibit 1)(Dworkin, Judith) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
50

MOTION for Protective Order Partially Unopposed by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Attachments: # 1 Exhibit Proposed Protective Order, # 2 Exhibit Acknowledgment of Privacy Act Protective Order)(Olson, Lisa) *Modified to remove filers on 7/30/2018 (DXD). (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
51

ORDER denying Defendants' 50 Motion for Protective Order. Signed by Judge Steven P. Logan on 6/9/17.(CLB) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
52

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Attachments: # 1 Certification)(Lopez-Morales, Cesar) *Modified to remove filers on 7/30/2018 (DXD). (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
53

MOTION for Extension of Time To Oppose Defendants' Partial Motion to Dismiss by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order Proposed Order)(Tierney, David) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
54

ORDER that the Motion to Extend Time 53 is granted. Plaintiffs shall have until July 14, 2017, to file a Response to the Partial Motion to Dismiss. Signed by Judge Steven P. Logan on 6/27/17.(CLB) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
60

AMENDED COMPLAINT (Second) against All Defendants filed by Taylor P, Stephen C, Jordan A, Jenny A, Anna D, Native American Disability Law Center, Leo R, Durell P, Levi R, Jeremy A.(Dworkin, Judith) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

Clearinghouse
59

*FILED at Doc. 64 *SEALED LODGED Proposed Second Amended Complaint re: 58 MOTION to Seal Document 57 Notice of Filing - Amended Pleading (LRCiv 15.1(b)) . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Supplement Un-redacted Redline SAC)(Dworkin, Judith) *Modified on 7/17/2017 (MAP)*. (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
58

MOTION to Seal Document 57 Notice of Filing - Amended Pleading (LRCiv 15.1(b)) by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order)(Heckenlively, Bryan) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
57

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R . (Attachments: # 1 Exhibit 1)(Heckenlively, Bryan) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
56

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Judith M Dworkin. (Dworkin, Judith) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
55

STIPULATION to File Second Amended Complaint and Motion Regarding Extension of Time by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order)(Heckenlively, Bryan) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
61

*FILED at Doc. 64 *LODGED Proposed Additional Attachments to Main Document re: 59 Sealed Lodged Proposed Document, 60 Amended Complaint Exhibit A to SAC by Plaintiffs Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Dworkin, Judith) *Modified on 7/17/2017 to change from filed to lodged and place under seal pursuant Modified on 7/17/2017 (MAP). *Modified on 7/17/2017 (MAP).* (Entered: 07/15/2017)

July 15, 2017

July 15, 2017

PACER
64

SEALED (UNREDACTED) Second Amended Complaint against All Defendants by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Exhibit A)(MAP) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
63

ORDER granting 58 Motion to Seal. The Clerk of Court is directed to file Plaintiff's lodged Second Amended Complaint and its Attachments (Docs. 59, 61 ) under seal. Signed by Judge Steven P Logan on 7/17/17.(MAP) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
62

ORDER granting 55 Stipulation. Plaintiffs' 60 Second Amended Complaint is deemed filed. Defendants' 52 Motion to Dismiss is denied without prejudice. Defendants shall have until August 4, 2017 to file an answer to the Second Amended Complaint or otherwise respond. Signed by Judge Steven P Logan on 7/17/2017.(MMO) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
65

NOTICE of Attorney Withdrawal re: Elizabeth Song filed by Judith M Dworkin. (Dworkin, Judith) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
67

***FILED at (Doc. 69 )--LODGED Proposed Partial MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim re: 66 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Attachments: # 1 Certification)(Lopez-Morales, Cesar) Modified on 8/10/2017 (ATD). (Entered: 08/04/2017)

1 Certification

View on PACER

Aug. 4, 2017

Aug. 4, 2017

PACER
66

MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) *Modified to remove filers on 7/30/2018 (DXD). (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
69

Second PARTIAL MOTION to Dismiss for Lack of Jurisdiction by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Attachments: # 1 Certification) (ATD) (Entered: 08/10/2017)

1 Certification

View on PACER

Aug. 9, 2017

Aug. 9, 2017

PACER
68

ORDER: IT IS ORDERED that the Motion to Exceed (Doc. 66 ) is granted. The Clerk of Court shall file the lodged proposed Second Partial Motion to Dismiss (lodged at Doc. 67 ). Signed by Judge Steven P Logan on 8/9/17.(MAW) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
73

***FILED at (Doc. 76 )--LODGED Proposed Redacted Response to Motion re: 72 MOTION for Leave to File Excess Pages for Opposition to Defendants' Second Partial Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Eidmann, Kathryn) *Modified restriction to unseal per chambers on 8/28/2017 (SCH). *Modified on 8/28/2017 to change event to a Lodged Proposed Document (ATD). Modified on 8/28/2017 (ATD). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
72

MOTION for Leave to File Excess Pages for Opposition to Defendants' Second Partial Motion to Dismiss by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order)(Eidmann, Kathryn) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
71

***FILED at (Doc. 75 )--SEALED LODGED Proposed Response to Motion re: 70 MOTION to Seal Document Opposition to Defendants' Second Partial Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Eidmann, Kathryn) *Modified on 8/28/2017 to change to a Lodged Proposed Document (ATD). Modified on 8/28/2017 (ATD). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
70

MOTION to Seal Document Opposition to Defendants' Second Partial Motion to Dismiss by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order)(Eidmann, Kathryn) (Entered: 08/25/2017)

1 Text of Proposed Order

View on PACER

Aug. 25, 2017

Aug. 25, 2017

PACER
76

Redacted RESPONSE to Motion re: 69 MOTION to Dismiss for Lack of Jurisdiction filed by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (ATD) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
75

SEALED RESPONSE to Motion re: 69 MOTION to Dismiss for Lack of Jurisdiction by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (ATD) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
74

ORDER - The 70 Motion to File Under Seal is granted. The Clerk of Court is directed to file Plaintiffs' proposed Opposition to Defendants' Second Partial Motion to Dismiss (lodged at Doc. 71 ) under seal. FURTHER ORDERED that the 72 Motion to Exceed Page Limit is granted. The Clerk of Court shall file the proposed Redacted Opposition to Defendants' Second Partial Motion to Dismiss (lodged at Doc. 73 ). Signed by Judge Steven P Logan on 8/28/2017. (ATD) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
78

* (Filed at Doc. 84 ) LODGED Proposed Brief of Amicus Curiae The Havasupai Tribe; Declaration of Chairman Don Watahomigie re: 77 Consent MOTION for Leave to File Brief of Amicus Curiae The Havasupai Tribe . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Havasupai Tribe. (Fox, Brandon) Modified on 9/5/2017 (LAD). (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
77

Consent MOTION for Leave to File Brief of Amicus Curiae The Havasupai Tribe by Havasupai Tribe. (Attachments: # 1 Exhibit 1, # 2 [Proposed] Order)(Fox, Brandon) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

Remark: Pro hac vice motion granted for Ziwei Xiao on behalf of Amicus Party Society of Indian Psychologists. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 30, 2017

Aug. 30, 2017

PACER

Remark: Pro hac vice motion granted for Rachel Landy on behalf of Amicus Party Society of Indian Psychologists. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 30, 2017

Aug. 30, 2017

PACER

Remark: Pro hac vice motion granted for Steven Guggenheim on behalf of Amicus Party Society of Indian Psychologists. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 30, 2017

Aug. 30, 2017

PACER

Remark: Pro hac vice motion granted for attorney Lauren Gallo White on behalf of Amicus Party Society of Indian Psychologists. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 30, 2017

Aug. 30, 2017

PACER

Remark: Pro hac vice motions granted for Brandon D Fox and Benjamin J Brysacz on behalf of Amicus party Havasupai Tribe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 31, 2017

Aug. 31, 2017

PACER
82

* (Filed at 86 ) LODGED Proposed Brief of Society of Indian Psychologists as Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss re: 81 Consent MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Society of Indian Psychologists. (Guggenheim, Steven) Modified on 9/5/2017 (LAD). (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
81

Consent MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss by Society of Indian Psychologists. (Attachments: # 1 Text of Proposed Order)(Guggenheim, Steven) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
80

Corporate Disclosure Statement by Society of Indian Psychologists. (Guggenheim, Steven) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
79

NOTICE of Appearance by Spencer Garrett Scharff on behalf of Society of Indian Psychologists. (Scharff, Spencer) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
86

BRIEF as Amicus Curiae in Support of Opposition to 69 PARTIAL MOTION to Dismiss for Lack of Jurisdiction by Amicus Society of Indian Psychologists. (LAD) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
85

ORDER - IT IS ORDERED that the Motion for Leave to File Brief of Amicus Curiae (Doc. 81 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall filed the lodged proposed brief (Doc. 82 ). Signed by Judge Steven P Logan on 9/5/17. (LAD) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
84

BRIEF of Amicus Curiae; Declaration of Chairman Don Watahomigie by Amicus Havasupai Tribe. (LAD) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
83

ORDER - IT IS ORDERED that the Motion for Leave to File Brief of Amicus Curiae (Doc. 77 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall filed the lodged proposed brief (Doc. 78 ). Signed by Judge Steven P Logan on 9/5/17. (LAD) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
87

* MOTION for Oral Argument on 69 Second Partial Motion to Dismiss by Jenny A, Jeremy A, Jordan A, Stephen C, Anna D, Native American Disability Law Center, Durell P, Taylor P, Leo R, Levi R. (Attachments: # 1 Text of Proposed Order)(Fortin, Seth) * Modified to correct event; attorney noticed on 9/8/2017 (LAD). (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
88

ORDER the Request for Oral Argument 87 is granted. Oral Argument on Defendants' Second Partial Motion to Dismiss 69 shall be heard on October 24, 2017 at 9:30 a.m. before the Honorable Judge Steven P. Logan, United States District Judge, in Courtroom 501, Sandra Day O'Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Signed by Judge Steven P. Logan on 9/14/17. (CLB) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
92

REPLY to Response to Second Partial 69 MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of the Interior, Jeff Williamson, Ryan Zinke. (LAD) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
91

ORDER granting 89 Motion for Leave to File Excess Pages. The Clerk of Court shall file the proposed Reply in Support of Defendants' Second Partial Motion to Dismiss (lodged at Doc. 90 ). Signed by Judge Steven P Logan on 9/15/17. (LAD) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
90

* (Filed at Doc. 92 ) LODGED Proposed Reply Brief in Support of Defendants' Partial Motion to Dismiss re: 89 MOTION for Leave to File Excess Pages . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Lopez-Morales, Cesar) Modified on 9/15/2017 (LAD). (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
89

MOTION for Leave to File Excess Pages by Michael Black, Bureau of Indian Education, Tony Dearman, United States Department of the Interior, Jeff Williamson, Ryan Zinke. (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) *Modified to remove filers on 7/30/2018 (DXD). (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several Native American children attending Havasupai Elementary School

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bureau of Indian Education (Washington, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2023

Content of Injunction:

Remedial education

Reporting

Monitor/Master

Monitoring

Issues

General:

Education

Government services

School/University policies

Disability and Disability Rights:

Reasonable Accommodations

Special education

disability, unspecified