Case: Apache Stronghold v. United States of America

2:21-cv-00050 | U.S. District Court for the District of Arizona

Filed Date: Jan. 12, 2021

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. On February 19, 2021, Apache Stronghold, a nonprofit organization comprised of Apaches, other Native peoples, and non-Native allies, sued the United States in the District of Arizona. The plaintiff challenged the government’s decision to transfer Oak Flat, a sacred Apache worship site that sits atop the world's third largest deposit of copper ore, to a private mining company. The plaintiffs argued that the land transfer would substantially burden their exercise of religion, in violation of the Religious Freedom Restoration Act (RFRA) and the Free Exercise Clause of the First Amendment. Further, the plaintiffs alleged that the transfer breached an 1852 treaty between the Apache Nation and the U.S., which they claimed created a binding trust obligation to protect their religious practices and land.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29100842/parties/apache-stronghold-v-united-states-of-america/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Alexander, Tyler McVeigh (Arizona)

Expert/Monitor/Master/Other

AT, April D.

Attorney, Miles Coleman,

Attorney, William Edward

Attorney, Gene C.

Documents in the Clearinghouse

Documents in this case
1

2:21-cv-00050

Complaint

Stronghold v. United States of America et al.

Jan. 12, 2021

Jan. 12, 2021

Complaint
57

2:21-cv-00050

Order

Apache Stronghold v. United States of America et al.

Feb. 12, 2021

Feb. 12, 2021

Order/Opinion

519 F.Supp.3d 591

26

21-15295

Order

Apache Stronghold v. United States of America et al.

U.S. Court of Appeals for the Ninth Circuit

March 5, 2021

March 5, 2021

Order/Opinion

2021 WL 12295173

85-1

21-15295

Opinion

Apache Stronghold v. United States of America et al.

U.S. Court of Appeals for the Ninth Circuit

June 24, 2022

June 24, 2022

Order/Opinion

38 F.4th 742

183

21-15295

Opinion

Apache Stronghold v. United States of America et al.

U.S. Court of Appeals for the Ninth Circuit

March 4, 2024

March 4, 2024

Order/Opinion

95 F.4th 608

None-1

21-15295

Order and Amended Opinion

Apache Stronghold v. United States of America et al.

U.S. Court of Appeals for the Ninth Circuit

May 14, 2024

May 14, 2024

Order/Opinion

101 F.4th 1036

170

2:21-cv-00050

Order

Apache Stronghold v. United States of America et al.

May 9, 2025

May 9, 2025

Order/Opinion

782 F.Supp.3d 756

184

2:21-cv-00050

Amended Complaint

Apache Stronghold v. United States of America et al.

April 22, 2026

April 22, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29100842/apache-stronghold-v-united-states-of-america/

Last updated Oct. 24, 2026, 6:01 a.m.

Docket for: Apache Stronghold v. United States of America
ECF Number Date Description Link
1 Jan. 12, 2021

COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19052643 filed by Apache Stronghold. (Levenson, Clifford) (Attachments: # 1 Civil Cover Sheet)(MCO) (Entered: 01/12/2021)

1 Civil Cover Sheet

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Clearinghouse
2 Jan. 12, 2021

SUMMONS Submitted by Apache Stronghold. (Levenson, Clifford) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(MCO) (Entered: 01/12/2021)

RECAP
3 Jan. 12, 2021

Filing fee paid, receipt number 0970-19052643. This case has been assigned to the Honorable Camille D Bibles. All future pleadings or documents should bear the correct case number: CV-21-50-PHX-CDB. Magistrate Election form attached. (MCO) (Entered: 01/12/2021)

RECAP
4 Jan. 12, 2021

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Apache Stronghold. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 01/12/2021)

RECAP
5 Jan. 12, 2021

Summons Issued as to Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/12/2021)

RECAP
Jan. 12, 2021

Notice of Deficiency (Text Only)

6 Jan. 13, 2021

*AMENDED DOCUMENT re: 1 Complaint by Apache Stronghold Civil Cover Sheet. (Levenson, Clifford) *Modified to add document link on 1/14/2021 (REK). (Entered: 01/13/2021)

Clearinghouse
7 Jan. 14, 2021

*First MOTION for Temporary Restraining Order by Apache Stronghold. (Attachments: # 1 Affidavit Declaration of Cranston Hoffman, # 2 Affidavit Declaration of Clifford Levenson, # 3 Affidavit Declaration of Naelyn Pike, # 4 Affidavit Declaration of Wendsler Nosie, # 5 Affidavit Declaration of John R. Welch, # 6 Text of Proposed Order Proposed Order)(Levenson, Clifford). *Added MOTION for Preliminary Injunction on 1/14/2021. (LFIG) *Modified to remove incorrect "Ex Parte" Designation on 1/15/2021 (REK). (Entered: 01/14/2021)

1 Affidavit Declaration of Cranston Hoffman

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2 Affidavit Declaration of Clifford Levenson

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3 Affidavit Declaration of Naelyn Pike

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4 Affidavit Declaration of Wendsler Nosie

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5 Affidavit Declaration of John R. Welch

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6 Text of Proposed Order Proposed Order

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RECAP
8 Jan. 14, 2021

NOTICE of Appearance by Tyler McVeigh Alexander on behalf of Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) (Entered: 01/14/2021)

RECAP
10 Jan. 14, 2021

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: 01/14/2021)

RECAP
11 Jan. 14, 2021

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-21-0050-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 01/14/2021)

RECAP
12 Jan. 14, 2021

PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on April 12, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 1/14/2021. (LMR) (Entered: 01/14/2021)

RECAP
13 Jan. 14, 2021

ORDER: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction 7 is denied in part to the extent that it requests issuance of a Temporary Restraining Order. No later than January 15, 2021, Plaintiff must provide Defendants with a copy of the following: (1) the Complaint; (2) the Motion for Preliminary Injunction; and (3) this Order. Plaintiff shall further file with the Court a notice indicating when and how notice was provided. Defendants have until January 21, 2021 to respond to the Motion for Preliminary Injunction 7 . Plaintiff shall have until January 25, 2021 to file a reply in support of its Motion for Preliminary Injunction 7 .The Court will hold a hearing on the Motion for Preliminary Injunction 7 on January 27, 2021 at 9:00 a.m. The hearing shall be held telephonically, and the parties shall jointly email Judge Logan's chambers by January 25, 2020 to obtain the call-in information. The parties shall file a Joint Notice by January 20, 2021, indicating whether the motion may be decided on the briefing and argument of counsel alone. See order for additional details. Signed by Judge Steven P. Logan on 1/14/2021. (LMR) (Entered: 01/14/2021)

RECAP
Jan. 14, 2021

25 Pct Mag - Election to Assign Case to District Judge

Jan. 14, 2021

~Util - Add and Terminate Judges AND Minute Order

14 Jan. 17, 2021

SERVICE EXECUTED filed by Apache Stronghold: Affidavit of Service re: Summons, Complaint, Motion upon US Attorney's Office on 01/14/2021. (Levenson, Clifford) (Entered: 01/17/2021)

RECAP
15 Jan. 20, 2021

*NOTICE of Errata re: 7 MOTION for Preliminary Injunction by Plaintiff Apache Stronghold. (Attachments: # 1 Affidavit Declaration of John Welch)(Levenson, Clifford) *Modified to add document link on 1/21/2021 (REK). (Entered: 01/20/2021)

1 Affidavit Declaration of John Welch

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RECAP
16 Jan. 20, 2021

NOTICE re: Joint Notice re: Jan. 27 Hearing by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America re: 13 Order on Motion for TRO . (Alexander, Tyler) (Entered: 01/20/2021)

RECAP
Jan. 20, 2021

Remark re Pro Hac Vice Motion

Jan. 20, 2021

Remark: Pro hac vice motion(s) granted for Michael V Nixon on behalf of Plaintiff Apache Stronghold. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

17 Jan. 21, 2021

ORDER: A preliminary injunction hearing is currently scheduled for January 27, 2021 at 9:00 a.m. See order for deadlines and details. Signed by Judge Steven P. Logan on 1/21/2021. (Attachments: # 1 Attachments)(LMR) (Entered: 01/21/2021)

1 Attachments

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18 Jan. 21, 2021

RESPONSE in Opposition re: 7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Affidavit of Tracy Parker, # 2 Exhibit Second Proclamation of the Tonto National Forest, # 3 Exhibit July 1, 1852 Treaty with the Apaches)(Alexander, Tyler) (Entered: 01/21/2021)

1 Affidavit of Tracy Parker

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2 Exhibit Second Proclamation of the Tonto National Forest

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3 Exhibit July 1, 1852 Treaty with the Apaches

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RECAP
19 Jan. 22, 2021

Consent MOTION for Leave to File Excess Pages Nunc Pro Tunc by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Overlength Brief)(Alexander, Tyler) (Entered: 01/22/2021)

1 Text of Proposed Order

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2 Proposed Overlength Brief

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RECAP
20 Jan. 22, 2021

*(REQUEST CANCELLED; HEARING CONT'D TO 3FEB2021 PER DOC. 25 ) - TRANSCRIPT REQUEST (3rd Party/Media) by Debra Krol of the Arizona Republic for proceedings held on 01/27/2021, Judge Steven P Logan hearing judge(s). (RAP) *Modified to reference cancellation because hearing cont'd on 1/26/2021 (RAP). (Entered: 01/22/2021)

RECAP
21 Jan. 22, 2021

ORDER: The Motion to Exceed 19 is granted. Defendants' Response in Opposition to the Motion for Preliminary Injunction shall be deemed filed at Doc. 18. Signed by Judge Steven P. Logan on 1/22/2021. (LMR) (Entered: 01/22/2021)

RECAP
22 Jan. 22, 2021

Joint MOTION to Amend/Correct 17 Order by Apache Stronghold. (Attachments: # 1 Text of Proposed Order)(Nixon, Michael) (Entered: 01/22/2021)

RECAP
23 Jan. 24, 2021

REPLY to Response to Motion re: 7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply Memoandum filed by Apache Stronghold. (Nixon, Michael) (Entered: 01/24/2021)

RECAP
24 Jan. 25, 2021

STATEMENT of Joint Pre-Hearing Statement re: 17 Order by Defendants Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) (Entered: 01/25/2021)

RECAP
25 Jan. 25, 2021

ORDER: The parties' Joint Motion for Virtual Hearing & Amendment of Order of January 21, 2021 22 is granted. Plaintiff shall have until January 29, 2021 to file an Amended Reply, which shall not exceed twenty-four pages in length. Preliminary Injunction hearing set for January 27, 2021 is vacated and reset for February 3, 2021 at 9:00 a.m. The hearing shall be held in person in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 505. In-person access shall remain restricted to those participating in the hearing. Defendants shall be permitted to appear telephonically. Defendants shall email Judge Logan's chambers by February 1, 2021 to obtain the call-in information. The joint pre-hearing statement, proposed findings of fact and conclusions of law, proposed form of preliminary injunction, and joint notice to court reporter shall be due by January 29, 2021 at 12:00 p.m. The parties shall further coordinate the delivery of exhibits in the manner prescribed in Attachment A to the Court's January 21, 2021 Order (Doc. 17 ) no later than January 29, 2021. See order for additional details. Signed by Judge Steven P. Logan on 1/25/2021. (LMR) (Entered: 01/25/2021)

RECAP
26 Jan. 26, 2021

TRANSCRIPT REQUEST (3rd PARTY) by Christopher D. Thomas of Perkins Coie LLP for proceedings held on 02/03/2021, Judge Steven P Logan hearing judge(s). (RAP) (Entered: 01/26/2021)

RECAP
27 Jan. 26, 2021

TRANSCRIPT REQUEST (3rd PARTY/MEDIA) by Debra Krol of the Arizona Republic for proceedings held on 02/03/2021, Judge Steven P Logan hearing judge(s). (RAP) (Entered: 01/26/2021)

RECAP
Jan. 27, 2021

Remark re Pro Hac Vice Motion

Jan. 27, 2021

Remark: Pro hac vice motion(s) granted for Jennifer A MacLean on behalf of Intervenor Defendant Resolution Copper Mining LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

28 Jan. 29, 2021

NOTICE re: of Filing of Defendants' Proposed Findings of Fact and Conclusions of Law by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America re: 25 Order, Set/Reset Motion and R&R Deadlines/Hearings . (Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Alexander, Tyler) (Entered: 01/29/2021)

1 Proposed Findings of Fact and Conclusions of Law

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RECAP
29 Jan. 29, 2021

STATEMENT of Joint Pre-Hearing Statement re: 25 Order, Set/Reset Motion and R&R Deadlines/Hearings by Defendants Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) (Entered: 01/29/2021)

RECAP
30 Jan. 29, 2021

*Amended REPLY to Response to Motion re: 7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Apache Stronghold. (Nixon, Michael) *Modified to reflect "amended" on 2/1/2021 (REK). (Entered: 01/29/2021)

RECAP
31 Feb. 1, 2021

NOTICE re: Joint Notice to Court Reporter by Apache Stronghold re: 25 Order, Set/Reset Motion and R&R Deadlines/Hearings . (Nixon, Michael) (Entered: 02/01/2021)

RECAP
32 Feb. 1, 2021

MOTION for Leave to File Corrected Amended Reply Memorandum by Apache Stronghold. (Attachments: # 1 Text of Proposed Order)(Nixon, Michael) (Entered: 02/01/2021)

RECAP
33 Feb. 1, 2021

*Request denied as moot per 35 Order*LODGED Proposed Corrected Amended Reply Memorandum re: 32 MOTION for Leave to File Corrected Amended Reply Memorandum . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Apache Stronghold. (Nixon, Michael) Modified on 2/2/2021 (REK). (Entered: 02/01/2021)

RECAP
34 Feb. 2, 2021

*Filed at 36 *LODGED Proposed Corrected Amended Reply Memorandum (THE correct one) re: 32 MOTION for Leave to File Corrected Amended Reply Memorandum . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Apache Stronghold. (Nixon, Michael) Modified on 2/2/2021 (REK). (Entered: 02/02/2021)

RECAP
35 Feb. 2, 2021

ORDER: Plaintiff's Motion for Leave 32 is granted. The Clerk of Court shall file the lodged Proposed Corrected Amended Reply Memorandum (lodged at Doc. 34 ). IT IS FURTHER ORDERED that a request to file the initial Corrected Amended Reply (lodged at Doc. 33 ) is denied as moot. Signed by Judge Steven P Logan on 2/02/2021. (REK) (Entered: 02/02/2021)

RECAP
36 Feb. 2, 2021

Amended REPLY to Response to Motion re: 7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Apache Stronghold. (REK) (Entered: 02/02/2021)

RECAP
37 Feb. 3, 2021

REQUEST re: Request for Daily Transcript of the February 3, 2021 Preliminary Injunction Hearing by Plaintiff Apache Stronghold. (Nixon, Michael) (Entered: 02/03/2021)

RECAP
38 Feb. 3, 2021

NOTICE TO FILER OF DEFICIENCY re: 37 Request filed by Apache Stronghold. Incorrect event (Request) used and the attached form in blank. FOLLOW-UP ACTION REQUIRED: Please refile using the correct event (Transcript Request) and with a completed form. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 02/03/2021)

RECAP
39 Feb. 3, 2021

*AMENDED BY DOC. 46 * MINUTE ENTRY for proceedings held before Judge Steven P Logan: Hearing is held on Plaintiff's Motion for Preliminary Injunction 7 . Plaintiff's Motion for Preliminary Injunction 7 will be taken under advisement upon submission of closing arguments. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:08 AM to 12:03 PM.(LMR) Modified on 2/4/2021 (LMR). (Entered: 02/03/2021)

RECAP
40 Feb. 3, 2021

AMENDED TRANSCRIPT REQUEST pursuant to 38 Notice of Deficiency by Apache Stronghold for proceedings held on February 3, 2021, Judge Steven P Logan hearing judge(s). (Nixon, Michael) (Entered: 02/03/2021)

RECAP
41 Feb. 3, 2021

Witness List by Plaintiff Apache Stronghold. (LMR) (Entered: 02/03/2021)

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42 Feb. 3, 2021

Exhibit List by Plaintiff Apache Stronghold. (LMR) (Entered: 02/03/2021)

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43 Feb. 3, 2021

Exhibit List by Defendants Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (LMR) (Entered: 02/03/2021)

RECAP
44 Feb. 3, 2021

NOTICE TO FILER OF DEFICIENCY re: AO435 40 Transcript Request filed by Apache Stronghold. Item(s) were not completed (left blank): 1-20: Entire form is blank.. FOLLOW-UP ACTION REQUIRED: Please refile the transcript request on form AO435 with Items 1-20 completed. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 02/03/2021)

RECAP
45 Feb. 3, 2021

*NOTICE re: Plaintiff's Proposed Findings of Fact and Conclusions of Law and Order. (Attachments: # 1 Text of Proposed Order)(Nixon, Michael) *Modified to correct event and text on 2/4/2021 (REK). (Entered: 02/03/2021)

1

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RECAP
46 Feb. 3, 2021

AMENDED MINUTE ENTRY - Amending Doc. 39 - for proceedings held before Judge Steven P Logan: Hearing is held on Plaintiff's Motion for Preliminary Injunction 7 . Plaintiff's Motion for Preliminary Injunction 7 will be taken under advisement upon submission of closing arguments. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:08 AM to 12:03 PM. Reason for Amendment: to correct date closing arguments are due. (LMR) (Entered: 02/04/2021)

RECAP
Feb. 3, 2021

Notice of Deficiency (Text Only)

Feb. 3, 2021

Notice of Deficiency re Transcript Request

47 Feb. 4, 2021

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON MOTION FOR PRELIMINARY INJUNCTION proceedings held on 02/03/2021, before Judge STEVEN P. LOGAN. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/5/2021. (RAP) (Entered: 02/04/2021)

RECAP
48 Feb. 4, 2021

AMENDED TRANSCRIPT REQUEST pursuant to 38, 44 Notice of Deficiency by Apache Stronghold for proceedings held on February 3, 2021, Judge Steven P Logan hearing judge(s). (Nixon, Michael) (Entered: 02/04/2021)

RECAP
49 Feb. 5, 2021

NOTICE of Appearance by Reuben S Schifman on behalf of United States of America. (Schifman, Reuben) (Entered: 02/05/2021)

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50 Feb. 5, 2021

BRIEF by Defendant United States of America. (Schifman, Reuben) (Entered: 02/05/2021)

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51 Feb. 5, 2021

REPLY to Response to Motion re: 7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Closing Argument Brief filed by Apache Stronghold. (Nixon, Michael) (Entered: 02/05/2021)

RECAP
52 Feb. 8, 2021

MINUTE ORDER re Exhibits: The exhibits marked are returned to respective counsel. (LMR) (Entered: 02/08/2021)

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53 Feb. 9, 2021

*(CANCELLED BY REQUESTOR) - TRANSCRIPT REQUEST (3rd PARTY) by Jennifer Clifton of ASU Center for the Study of Religion and Conflict for proceedings held on 02/03/2021, 02/10/2021, & 02/12/2021, Judge Steven P Logan hearing judge(s). (RAP) *Modified to cancel out request on 2/11/2021 (RAP). (Entered: 02/09/2021)

RECAP
54 Feb. 10, 2021

MOTION to File Amicus Curiae by MICA Group, Morningstar Institute, Ramon Riley. (Attachments: # 1 Proposed Amicus Brief, # 2 Exhibit A, # 3 Exhibit B)(Barclay, Stephanie) (Entered: 02/10/2021)

1 Proposed Amicus Brief

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2 Exhibit A

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3 Exhibit B

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RECAP
Feb. 10, 2021

Remark re Pro Hac Vice Motion

Feb. 10, 2021

Remark: Pro hac vice motion(s) granted for Stephanie Hall Barclay on behalf of Amicus Parties MICA Group, Morningstar Institute, Ramon Riley. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

55 Feb. 11, 2021

ORDER granting Motion for Leave to File Amicus Brief 54 : Ramon Riley, The Morningstar Institute, and the MICA Group shall file their proposed Amicus Brief separately on the record no later than 5:00 p.m. today, February 11, 2021. Signed by Judge Steven P. Logan on 2/11/2021. (LMR) (Entered: 02/11/2021)

RECAP
56 Feb. 11, 2021

BRIEF Amicus Brief by Amicus Parties MICA Group, Morningstar Institute, Ramon Riley. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barclay, Stephanie) (Entered: 02/11/2021)

1 Exhibit A

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2 Exhibit B

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RECAP
57 Feb. 12, 2021

ORDER: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction 7 is denied. See order for details. Signed by Judge Steven P. Logan on 2/12/2021. (LMR) (Entered: 02/12/2021)

Clearinghouse
58 Feb. 16, 2021

NOTICE of Lis Pendens by Apache Stronghold. (Nixon, Michael) (Entered: 02/16/2021)

RECAP
59 Feb. 18, 2021

*NOTICE OF INTERLOCUTORRY APPEAL to 9th Circuit Court of Appeals re: 57 Order by Apache Stronghold. Filing fee received: $ 505.00, receipt number 0970-19175390. (Attachments: # 1 Appeal Information)(Nixon, Michael) *Modified to correct event on 2/19/2021 (DXD). (Entered: 02/18/2021)

1 Appeal Information

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RECAP
60 Feb. 18, 2021

MOTION to Consolidate Cases by Neil Bosworth, Tom Torres, United States Forest Service, Neil Bosworth, Tom Torres, Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Associated Cases: CV-21-00050-PHX-SPL, CV-21-00068-PHX-DWL, CV-00122-PHX-DLR) (Alexander, Tyler) (Entered: 02/18/2021)

RECAP
61 Feb. 19, 2021

Emergency MOTION to Stay re: 57 Order on Motion for Preliminary Injunction, Emergency MOTION for Preliminary Injunction Pending Appeal by Apache Stronghold. (Attachments: # 1 Text of Proposed Order)(Nixon, Michael) (Entered: 02/19/2021)

1 Text of Proposed Order

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RECAP
62 Feb. 19, 2021

NOTICE re: Expedited Consideration by Apache Stronghold re: 61 Emergency MOTION to Stay re: 57 Order on Motion for Preliminary Injunction Emergency MOTION for Preliminary Injunction Pending Appeal . (Nixon, Michael) (Entered: 02/19/2021)

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63 Feb. 22, 2021

USCA Case Number re: 59 Notice of Appeal. Case number 21-15295, Ninth Circuit. (LAD) (Entered: 02/22/2021)

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64 Feb. 22, 2021

ORDER denying 61 Plaintiff's Emergency Motion to Stay. See order for details. Signed by Judge Steven P. Logan on 2/22/2021. (LMR) (Entered: 02/22/2021)

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65 Feb. 22, 2021

Joinder re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases . filed by Resolution Copper Mining LLC. (Associated Cases: 2:21-cv-00068-DWL, 2:21-cv-00050-SPL, 2:21-cv-00122-DLR) (Thomas, Christopher) (Entered: 02/22/2021)

RECAP
Feb. 26, 2021

Remark re Pro Hac Vice Motion

Feb. 26, 2021

Remark: Pro hac vice motion(s) granted for Michalyn Steele on behalf of Amicus Parties MICA Group, Ramon Riley. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

66 March 4, 2021

RESPONSE to Motion re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases in Opposition filed by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Associated Cases: 2:21-cv-00050-SPL, 2:21-cv-00068-DWL, 2:21-cv-00122-DLR) (DXD) (Entered: 03/05/2021)

RECAP
67 March 9, 2021

Consent MOTION for Extension of Time to File Answer re: 1 Complaint by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Text of Proposed Order)(Alexander, Tyler) (Entered: 03/09/2021)

RECAP
68 March 11, 2021

NOTICE OF ATTORNEY APPEARANCE: Erika Norman appearing for Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (additional counsel of record). (Norman, Erika) (Entered: 03/11/2021)

RECAP
69 March 11, 2021

*Filed at 70 with correct event*REPLY to Response to Motion re: 60 MOTION to Consolidate Cases filed by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Norman, Erika) Modified on 3/12/2021 (REK). (Entered: 03/11/2021)

RECAP
70 March 11, 2021

REPLY to Response to Motion re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases filed by Neil Bosworth, Tom Torres, United States Forest Service, Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America, Neil Bosworth, Tom Torres. (Associated Cases: 2:21-cv-00122-DLR, 2:21-cv-00050-SPL, 2:21-cv-00068-DWL) (Norman, Erika) (Entered: 03/11/2021)

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71 March 11, 2021

ORDER: Defendants' Unopposed Motion for Extension of Time 67 is granted. Defendants shall have until April 14, 2021 to file a response to Apache Stronghold's Complaint 1 . Signed by Judge Steven P. Logan on 3/11/2021. (LMR) (Entered: 03/11/2021)

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72 April 5, 2021

Second MOTION for Extension of Time to File Answer re: 1 Complaint by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Alexander, Tyler) (Entered: 04/05/2021)

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73 April 5, 2021

NOTICE re: For Expedited Consideration by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America re: 72 Second MOTION for Extension of Time to File Answer re: 1 Complaint . (Alexander, Tyler) (Entered: 04/05/2021)

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74 April 8, 2021

ORDER: Defendants' Request for Expedited Consideration 73 is granted. Plaintiff shall have until April 9, 2021 to file a Response to the Motion for Extension 72 . Defendants shall have until April 13, 2021 to file a Reply in support of its Motion for Extension 72 . Signed by Judge Steven P. Logan on 4/8/2021. (LMR) (Entered: 04/08/2021)

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75 April 8, 2021

RESPONSE to Motion re: 72 Second MOTION for Extension of Time to File Answer re: 1 Complaint filed by Apache Stronghold. (Nixon, Michael) (Entered: 04/08/2021)

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76 April 9, 2021

NOTICE re: NOTICE OF PLAINTIFF'S SERVICE OF JAN. 14, 2021 PRELIMINARY ORDER ON DEFENDANTS by Apache Stronghold re: 12 Order re Rule 12(b) Motions . (Nixon, Michael) (Entered: 04/09/2021)

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77 April 9, 2021

*SERVICE EXECUTED filed by Apache Stronghold: Proof of Service re: Summons and Complaint upon Acting U.S. AG Jeffrey Rosen on 3/17/21; Sec. of Agriculture Sonny Perdue on 3/17/21; Vicki Christensen, Chief USDA Forest Service on 3/16/2021; Neil Bosworth, Supervisor, Tonto N.F. on 3/16/2021; Tom Torres, Acting Supervisor, Tonto N.F. on 3/08/21. (Attachments: # 1 Exhibit Exhibit A - USPS Tracking Records and Signed Return Receipts)(Nixon, Michael) *Modified text to reflect dates each party served on 4/12/2021 (REK). (Entered: 04/09/2021)

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78 April 14, 2021

ORDER: Defendants' Second Motion for Extension of Time to Answer 72 is granted. Defendants shall have until May 14, 2021 to file a response to Plaintiffs' Complaint. Signed by Judge Steven P. Logan on 4/13/2021. (LMR) (Entered: 04/14/2021)

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79 April 16, 2021

ORDER that Defendants' Motion to Consolidate (Doc. 60 ) is denied. Signed by Judge Steven P Logan on 4/15/2021. (Associated Cases: 2:21-cv-00050-SPL, 2:21-cv-00068-DWL, 2:21-cv-00122-DLR) (REK) (Entered: 04/16/2021)

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80 May 10, 2021

Consent MOTION to Stay Proceedings by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Text of Proposed Order)(Alexander, Tyler) (Entered: 05/10/2021)

1 Text of Proposed Order

View on PACER

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81 May 12, 2021

ORDER: Defendants' Unopposed Motion for Stay of Proceedings 80 is granted. This case is stayed. The Forest Service shall provide 60 days' notice to Plaintiff's counsel and the public before any Notice of Availability of a future Final Environmental Impact Statement ("FEIS") and Draft Record of Decision ("DROD") is published in the Federal Register for the subject Land Exchange and Project. The Forest Service shall also file such notice with this Court. The parties shall file a joint status report within ten (10) days of Defendants' providing the notice described above. Until that time, the parties shall file a joint status report every thirty (30) days updating the Court as to the status of this case. Signed by Judge Steven P Logan on 5/12/2021. (REK) (Entered: 05/12/2021)

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82 June 14, 2021

STATUS REPORT (Joint) by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Norman, Erika) (Entered: 06/14/2021)

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83 July 14, 2021

STATUS REPORT Joint Status Report by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) (Entered: 07/14/2021)

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84 Aug. 13, 2021

STATUS REPORT (Joint) by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Norman, Erika) (Entered: 08/13/2021)

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85 Sept. 13, 2021

STATUS REPORT (Joint) by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Norman, Erika) (Entered: 09/13/2021)

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86 Oct. 13, 2021

STATUS REPORT by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Attachments: # 1 Exhibit 1)(Alexander, Tyler) (Entered: 10/13/2021)

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87 Nov. 12, 2021

STATUS REPORT Joint Status Report by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) (Entered: 11/12/2021)

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88 Dec. 13, 2021

STATUS REPORT JOINT by Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Alexander, Tyler) (Entered: 12/13/2021)

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Case Details

State / Territory:

Arizona

Key Dates

Filing Date: Jan. 12, 2021

Case Details

Other Dockets:

District of Arizona 2:21-cv-00050

U.S. Court of Appeals for the Ninth Circuit 21-15295

Recommended Citation