U. S. Court of Appeals for the Ninth Circuit

EEOC v. Peabody Coal Company, et al

EEOC v. Peabody Western Coal

U. S. Court of Appeals for the Ninth Circuit

214 F.R.D. 549, 2002 U.S.Dist.LEXIS 26483

EEOC v. Peabody Western Coal Company

U. S. Court of Appeals for the Ninth Circuit

400 F.3d 774

Peabody Western Coal Company v. EEOC

Supreme Court of the United States

546 U.S. 1150, 126 S.Ct. 1164, 163 L.Ed.2d 1128

EEOC v. Peabody Coal Company, et al

2006 WL 2816603, 2006 U.S.Dist.LEXIS 74478

EEOC v. Peabody Western Coal Company

Carly Knight, Frank Dobbin, Alexandra Kalev

ORDER granting 89 Navajo Nation's Motion to Dismiss Case, which has been converted into a Motion for Summary Judgment. IT IS FURHTER ORDERED granting 124 Navajo Nations's Motion to Strike Exhibits 9 and 16 of the EEOC's 120 Respo nse in Opposition to Navajo Nation's Motion to Dismiss. IT IS FURTHER ORDERED denying [134-2] EEOC's Motion to Strike Exhibits D and E of Peabody Coal's 119 Response to the Navajo Nation's Motion to Dismiss. IT IS FURTHER ORDERED denying 140 Navajo Nation's Motion for Leave to File Notice of Supplemental Authority as moot. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Mary H Murguia on 9/30/06. (LSP)

COMPLAINT FILED (MAP) (Entered: 06/19/2001)

ORDER that the word "EEOC" on page 3, line 23 and page 4, line 17 be replaced with "Navajo Nation" re 142 ORDER Signed by Judge Mary H Murguia on 9/30/06. . Signed by Judge Mary H Murguia on 10/11/06. (SBU)

RETURN OF SERVICE EXECUTED (personal) summons/complaint upon Stat Agent for dft Peabody Coal Company on 6/25/01 (MAP) (Entered: 06/29/2001)

Party elects assignment of case to district judge ; mag election form ddl satisfied 7/11/01 (MAP) (Entered: 07/13/2001)

ORDER AND OPINION denying without prejudice 196 Motion to Dismiss for Lack of Jurisdiction. See PDF document for content. Signed by Judge John W Sedwick on 3/7/12.(JWS)

MINUTE ORDER that pursuant to Local Rule 1.2(e), 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 Mary H. Murguia All further pleadings should now list the following COMPLETE case number: CIV-01-1050-PHX-MHM (cc: all counsel/MHM/SLV) [4-2] (MAP) (Entered: 07/13/2001)

*ORDER granting 228 Motion to Dismiss Counts/Claims, but without prejudice to Peabody filing a renewed counterclaim in the event that resolution of this case on the merits of EEOC's claims somehow leaves an issue relating to Peabody's conduct vis-a-vis the tribe-specific preferences enshrined in the leases unresolved. Signed by Judge John W Sedwick on 9/20/12.(JWS) *Modified to correct text (REW)/ NEF regenerated on 9/21/2012 (CMAL).

STIPULATION to extend time to answer complaint [1-1] by pla, dft [5- 1] (MAP) (Entered: 07/18/2001)

ORDER For the reasons above, DOI's Third-Party Defendants' Motion for SummaryJudgment as to Peabody Western Coal Company's Third-Party Complaint at docket 243 is hereby GRANTED, and the Nation's Renewed Motion 251 to Dismiss, or in the alternative, Motion for Summary Judgment, on the Merits of Navajo Tribal Preference in Employment is hereby GRANTED. The Clerk of Court will please enter judgment dismissing plaintiff's claims with prejudice and dismissing all third-party claims and counterclaims without prejudice. Signed by Judge John W Sedwick on 10/17/2012.(KMG)

MOTION to intervene by Delbert Mariano, Thomas Sahu [6-1] (KMG) (Entered: 07/27/2001)

MOTION to Dismiss this Case by dft Peabody Coal Company [7-1] , and/or to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2] , and/or to strike portions of the Complaint by dft Peabody Coal Company [7-3] (KMG) (Entered: 08/02/2001)

AFFIDAVIT of Edward L. Sullivan, Jr. in support of motion to Dismiss this Case by dft Peabody Coal Company [7-1], in support of motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2], in support of motion to strike portions of the Complaint by dft Peabody Coal Company [7-3] by dft Peabody Coal Company (KMG) (Entered: 08/02/2001)

ORDER by Judge Mary H. Murguia granting stipulation to extend time until 7/31/01 to answer complaint [1-1] by pla, dft [5-1] (cc: all counsel) (KMG) (Entered: 08/02/2001)

MINUTE ORDER setting motion to Dismiss this Case [7-1], motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 [7-2] and motion to strike portions of the by dft Peabody Coal Company [7-3] at 1:30PM, 10/29/01 (cc: counsel) [10] (former emp) (Entered: 08/06/2001)

NOTICE by intervenors of Service of Waiver and Acceptance of Service (MAP) (Entered: 08/18/2001)

WAIVER AND ACCEPTANCE Of Service of Motion to Intervene upon Pla EEOC by intervenors (MAP) (Entered: 08/18/2001)

RESPONSE by pla EEOC to motion to Dismiss this Case by dft Peabody Coal Company [7-1], motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2], motion to strike portions of the Complaint by dft Peabody Coal Company [7-3] (REW) (Entered: 08/23/2001)

NOTICE by intervenors Delbert Mariano, and Thomas Sahu of service of waiver and acceptance of service (KMG) (Entered: 08/27/2001)

WAIVER of Service of summons and complaint upon dft Peabody Coal Company ; waiver sent on No Date Indicated. (KMG) (Entered: 08/27/2001)

MOTION to exceed the page limit for doc(s) Reply in Support of Motion to Dismiss and/or Stay and/or Motion to Strike by dft Peabody Coal Company [16-1] (Lodged pleading at Clk's desk) (MAP) (Entered: 09/01/2001)

RESPONSE by dft Peabody Coal Company to motion to intervene by Delbert Mariano, Thomas Sahu [6-1] (MAP) (Entered: 09/01/2001)

MINUTE ORDER resetting motion to Dismiss this Case by dft Peabody Coal Company [7-1], motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2], and motion to strike portions of the Complaint by dft Peabody Coal Company [7-3] to 1:30PNm 11/2/01 (cc: all counsel) [18] (former emp) (Entered: 10/17/2001)

MINUTE ORDER resetting motion to Dismiss this Case by dft Peabody Coal Company [7-1], motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2] and motion to strike portions of the Complaint by dft Peabody Coal Company [7-3] at 3:00PM, 11/14/01 (cc: all counsel) [19] (former emp) (Entered: 10/22/2001)

MINUTE ORDER resetting motion to Dismiss this Case by dft Peabody Coal Company [7-1], motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2], motion to strike portions of the Complaint by dft Peabody Coal Company [7] and setting motion to intervene by Delbert Mariano, Thomas Sahu [6] at 4:15PM, 1/14/02 (cc: all counsel) [20] (former emp) (Entered: 11/05/2001)

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: M. SANCHEZ. By telephone: Mary Bruner, Mary Rosenthal, Todd Schlier, Ralph Vhamass. Status hearing held by telephone. Counsel withdraw all pending motions in light of recent 9CCA ruling; revised motions to be filed by 2/1/02; responses to be filed according to the rules. (motion to exceed the page limit for doc(s) Reply in Support of Motion to Dismiss and/or Stay and/or Motion to Strike by dft Peabody Coal Company [16- 1] (Lodged pleading at Clk's desk) moot; motion to Dismiss this Case by dft Peabody Coal Company [7-1], motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2], motion to strike portions of the Complaint by dft Peabody Coal Company [7-3], motion to intervene by Delbert Mariano, Thomas Sahu [6] withdrawn) [cc: all cnsl] [21] (former emp) (Entered: 01/10/2002)

NOTICE OF WITHDRAWAL by dft Peabody Coal Company of motion to Dismiss this Case by dft Peabody Coal Company [7-1] [7-1], of motion to stay this matter during the pendency of the appeal to the Ninth Circuit in Dawavendewa v. Salt River Project.. Case #00-16787 by dft Peabody Coal Company [7-2] [7-2], of motion to strike portions of the Complaint by dft Peabody Coal Company [7-3] [7-3] (KMG) (Entered: 01/11/2002)

MOTION to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano and Thomas Sahu (KMG) (Entered: 02/06/2002)

MOTION to dismiss case by dft Peabody Coal Company [24-1] , and/or to stay this action by dft Peabody Coal Company [24-2] , and/or to strike portions of the complaint [1-1] by dft Peabody Coal Company [24-3] (KMG) (Entered: 02/06/2002)

MOTION to exceed the page limit on their Motion for Summary Judgment Pursuant to FRCP Rule 56 by dft Peabody Coal Company [25- 1] (NOTE: LODGED Motion for Summary Judgment as well as accompanying LODGED Statement of Facts in Support thereof as well as LODGED Memorandum of Points and Authorities in Support thereof are all being held at docket clerks desk). (KMG) (Entered: 02/06/2002)

LODGED document: Notice of Filing of Original Affidavits of Edward L. Sullivan, Jr. and Marvin O. Young attached as Exhibits A and B to the Statement of Facts in Support of its Motion for Summary Judgment by dft Peabody Coal Company (NOTE: The Statement of Facts in Support of Motion for Summary Judgment is ALSO LODGED pending a Motion to Exceed the Page Limit). (KMG) (Entered: 02/07/2002)

STIPULATION to Extend Time for dft to file its Response to Motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano Thomas Sahu [23-1] by pla EEOC, dft Peabody Coal Company (KMG) (Entered: 02/14/2002)

ORDER by Judge Mary H. Murguia granting stipulation to Extend Time until 2/25/02 for dft to file its Response to Motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano Thomas Sahu [23-1] by pla EEOC, dft Peabody Coal Company (cc: all counsel) (KMG) (Entered: 02/19/2002)

RESPONSE by pla EEOC to motion to dismiss case by dft Peabody Coal Company [24-1], motion to stay this action by dft Peabody Coal Company [24-2], motion to strike portions of the complaint [1-1] by dft Peabody Coal Company [24-3] (KMG) (Entered: 02/20/2002)

RESPONSE by dft Peabody Coal Company to motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano and Thomas Sahu (KMG) (Entered: 02/26/2002)

STIPULATION to Extend Time for Intervenors to file Reply in Support of their Motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano and Thomas Sahu [23-1] by pla EEOC, dft Peabody Coal Company (KMG) (Entered: 02/28/2002)

REPLY by dft Peabody Coal Company to response to motion to dismiss case by dft Peabody Coal Company [24-1], motion to stay this action by dft Peabody Coal Company [24-2], motion to strike portions of the complaint [1-1] by dft Peabody Coal Company [24-3] (KMG) (Entered: 03/04/2002)

ORDER by Judge Mary H. Murguia granting stipulation to Extend Time until 3/21/02 for Intervenors to file Reply in Support of their Motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano and Thomas Sahu [23-1] by pla EEOC, dft Peabody Coal Company (cc: all counsel) (KMG) (Entered: 03/04/2002)

REPLY by Intervenors to response to motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano and Thomas Sahu (MAP) (Entered: 03/25/2002)

MOTION to exceed the page limit for doc(s) Reply in Support of its Motion for Summary Judgment (motion for sum jgm not yet filed, lodged) by dft Peabody Coal Company [33-1] (Lodged pleading at Clk's desk) (MAP) (Entered: 03/25/2002)

MOTION for oral argument re Motion to Intervene by intervenors [35-1] (MAP) (Entered: 03/25/2002)

ORDER by Judge Mary H. Murguia granting motion to exceed the page limit on their Motion for Summary Judgment Pursuant to FRCP Rule 56 by dft Peabody Coal Company [25-1] (cc: all counsel) (MAP) (Entered: 03/29/2002)

ORDER by Judge Mary H. Murguia granting motion to exceed the page limit for doc(s) Reply in Support of its Motion for Summary Judgment (motion for sum jgm not yet filed, lodged) by dft Peabody Coal Company [33-1] (cc: all counsel) (MAP) (Entered: 03/29/2002)

RULE 56 MOTION for summary judgment by dft Peabody Coal Company [38-1] (MAP) (Entered: 03/29/2002)

MEMORANDUM IN SUPPORT by dft Peabody Coal Company of motion for summary judgment by dft Peabody Coal Company [38-1] (MAP) (Entered: 03/29/2002)

STATEMENT OF FACTS by dft Peabody Coal Company re motion for summary judgment by dft Peabody Coal Company [38-1] (MAP) (Entered: 03/29/2002)

(NOTICE OF FILING ORIGINAL) AFFIDAVITS of Edward L Sullivan, Jr and Marvin O. Young in support of motion for summary judgment by dft Peabody Coal Company [38-1] by dft Peabody Coal Company (MAP) (Entered: 03/29/2002)

RESPONSE (OPPOSITION) by pla EEOC to motion for summary judgment by dft Peabody Coal Company [38-1] (MAP) (Entered: 03/29/2002)

MOTION to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment by pla EEOC [43- 1] (MAP) (Entered: 03/29/2002)

REPLY by dft Peabody Coal Company to response to motion for summary judgment by dft Peabody Coal Company [38-1] (MAP) (Entered: 03/29/2002)

MINUTE ORDER granting motion for oral argument re Motion to Intervene by intervenors [35]. FURTHER ORDERED setting motion to Intervene as Plaintiffs [23] by current Intervenors Delbert Mariano and Thomas Sahu at 4:00PM, 8/22/02 (cc: all counsel) [46] (former emp) (Entered: 04/03/2002)

REPLY by pla EEOC to response to motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment by pla EEOC [43-1] (KMG) (Entered: 04/10/2002)

MINUTE ORDER setting motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment by pla EEOC [43], motion for summary judgment by dft Peabody Coal Company [38], motion to dismiss case by dft Peabody Coal Company [24-1], motion to stay this action by dft Peabody Coal Company [24-2], motion to strike portions of the complaint [1-1] by dft Peabody Coal Company [24-3] and motion to Intervene as Plaintiffs [23- 1] by current Intervenors Delbert Mariano and Thomas Sahu at 1:30PM, 9/20/02; hearing previously set for 8/22/02 is vacated. (cc: all counsel) [47] (former emp) (Entered: 04/09/2002)

MOTION to Strike pla's Reply to Response to Motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment [48-1] by dft Peabody Coal Company [49- 1] (KMG) (Entered: 04/18/2002)

MOTION to Extend Time (Enlargement) to File Reply in Support of pla's Motion to Strike by pla EEOC [50-1] (NOTE: Reply has been filed on 4/8/02 as doc.#48) (KMG) (Entered: 04/18/2002)

RESPONSE by pla EEOC to motion to Strike pla's Reply to Response to Motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment [48-1] by dft Peabody Coal Company [49-1] (KMG) (Entered: 04/29/2002)

ORDER by Judge Mary H. Murguia granting pla's Motion to Extend Time (Enlargement) until 4/8/02 for EEOC to File a Reply in Support of pla's Motion to Strike by pla EEOC [50-1] (NOTE: Reply has been filed on 4/8/02 as doc.#48) (cc: all counsel) (KMG) (Entered: 04/29/2002)

RESPONSE by dft Peabody Coal Company to motion to Extend Time (Enlargement) to File Reply in Support of pla's Motion to Strike by pla EEOC [50-1] (NOTE: Reply has been filed on 4/8/02 as doc.#48) [50-1] (KMG) (Entered: 04/30/2002)

MINUTE ORDER Due to the court's calendar, hearing on motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment by pla EEOC [43], motion for summary judgment by dft Peabody Coal Company [38], motion to dismiss case by dft Peabody Coal Company [24-1], motion to stay this action by dft Peabody Coal Company [24-2], motion to strike portions of the complaint [1-1] by dft Peabody Coal Company [24-3] and motion to Intervene as Plaintiffs [23] by current Intervenors Delbert Mariano and Thomas Sahu set for 9/20/02 is vacated and RESET to 1:00PM, 9/23/02 (cc: all counsel) [55] (former emp) (Entered: 06/25/2002)

STIPULATION that the Amendments and related supplements to Coal Mining Leases Nos. 12-20-1450-5743, 14-20-0603-8580, 14-20-0603- 9910 between the Navajo Nation and Dft did not change, or address, the hiring preferences outlined in those leases by pla, dft (SAT) (Entered: 07/11/2002)

CORRECTED STIPULATION That the Amendments and related supplements to Coal Mining Leases Nos. 14-20-0603-8580, 14-20-0603- 9910 between Navajo Nation and dft did not change, or address, the hiring preferences outlined in those leases. (NOTE: Per letter ((now filed left)) from Mary E. Bruno ((Greenberg and Traurig)) which states "for the purposes of this litigation, the stipulation filed previously [doc.#56] will have no further relevance and is superseded by this new Corrected Stipulation). by pla EEOC, dft Peabody Coal Company (KMG) (Entered: 07/25/2002)

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: M. Sanchez. Present: Ralph Chamness and Katherine Kruse for pla; Mary Bruno for dft; Todd Schleier for intplas. Motion hearing held; taking under advisement on 9/23/02 the motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment by pla EEOC [43-1], taking under advisement on 9/23/02 the motion for summary judgment by dft Peabody Coal Company [38-1], taking under advisement on 9/23/02 the motion to dismiss case by dft Peabody Coal Company [24-1], taking under advisement on 9/23/02 the motion to stay this action by dft Peabody Coal Company [24-2], taking under advisement on 9/23/02 the motion to strike portions of the complaint [1-1] by dft Peabody Coal Company [24- 3], taking under advisement on 9/23/02 the motion to Intervene as Plaintiffs [23-1] by current Intervenors Delbert Mariano and Thomas Sahu [58] (former emp) (Entered: 09/23/2002)

ORDER by Judge Mary H. Murguia that dft's Motion for summary judgment [38-1] is Granted; FURTHER ORDERED that pla's Motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment [43-1] is Denied; FURTHER ORDERED that dft's Motion to Strike pla's Reply to Response to Motion to strike portions of the Stmt of Facts and Affidavits submitted by Dft in support of its motion for summary judgment by dft Peabody Coal Company [49-1] is Denied; FURTHER ORDERED that dft's Motion to Dismiss and/or Stay and/or Motion to Strike [24] is Vacated As Moot. FURTHER ORDERED that Delbert Mariano and Thomas Sahu's Motion to Intervene as plas [23] is Vacated As Moot. FURTHER ORDRED that the Clerk shall enter Judgment accordingly. to dismiss case (cc: all counsel) (KMG) (Entered: 09/26/2002)

JUDGMENT: [59-1] This Court, having found this case presents a nonjusticiable political issue, and is dismissed on this alternative ground. Defendant's Motion for Summary Judgment being granted, this action and Complaint are hereby dismissed. (cc: all counsel) (KMG) (Entered: 09/26/2002)

NOTICE OF APPEAL by pla EEOC from District Court judgment [60- 1], order filed [59-2] (cc: 9CCA/All Counsel/judge) (former emp) Modified on 11/26/2002 (Entered: 11/22/2002)

APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [61-1] (REW) (Entered: 11/26/2002)

Transcript Designation and Ordering Form by pla EEOC re NOTICE OF APPEAL [61-1]; ordering transcript for hearing of 9/23/02 (REW) (Entered: 12/16/2002)

Notification by 9th Circuit of Appellate Docket Number 02-17305 re NOTICE OF APPEAL [61-1] (REW) (Entered: 12/18/2002)

Transcript Designation and Ordering Form by appellee/dft Peabody Coal Company; ordering transcript for hearing of 9/23/02 (REW) (Entered: 01/09/2003)

Court Reporter's Transcript of Proceedings of motions hearing by Court Reporter: Merilyn Sanchez for the following date(s): 9/23/02 re NOTICE OF APPEAL [61-1] (REW) Modified on 01/09/2003 (Entered: 01/09/2003)

Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [61-1] (REW) (Entered: 01/09/2003)

Clerk's record on appeal transmitted to 9th Circuit re NOTICE OF APPEAL [61-1]; 2 volumes clerk's record; 1 transcript (#64); 1 bulkie document (#7) in one expando (REW) (Entered: 02/23/2004)

LETTER OF TRANSMITTAL from 9th Circuit acknowledging receipt of District Court record. (re: NOTICE OF APPEAL [61-1] ) (REW) (Entered: 03/08/2004)

Original Record Returned from 9th Circuit re NOTICE OF APPEAL [61- 1]; 2 volumes clerk's record; 1 transcript (#64); 1 bulky document (#7) in one expando (REW) (Entered: 03/28/2005)

CERTIFIED COPY of 9th Circuit Mandate reversing and remanding the decision of the District Court; we do not decide the merits of the EEOC's Title VII claim against Peabody today; we hold simply that the Navajo Nation is a necessary party to the action and that it is feasible to join the Nation in order to effect complete relief between the parties; we also hold that the EEOC's suit does not present a non-justiciable political question; finally we reverse the district court's dismissal of the EEOC's record- keeping claim; we remand for further proceedings consistent with the opinion, re: 05-17305 [61-1] Case reopened [65-1] [65-1] (cc: all counsel/judge) (REW) (Entered: 06/03/2005)

MINUTE ORDER: The Court ORDERS setting this matter for Status Hearing re: remand on Friday, June 24, 2005 at 3:00 p.m. before the Honorable Mary H. Murguia. (cc: all counsel) [66-2] (KSB) (Entered: 06/06/2005)

AMENDED COMPLAINT by pla;; jury demand [1-1] ;adding dft Navajo Nation (SAT) (Entered: 06/20/2005)

MINUTE ENTRY before Judge Mary H. Murguia. Crt Rptr: Liz Lemke. Lucila Rosas and Katherine Kruse for the plaintiff. Tod Schleier for the possible intevenors. Mary Bruno for the defendant. Status Hearing re: remand held. Discussion held. At counsel's request, the Court will set this matter for a Rule 16 Scheduling Conference once the Navajo Nation has been served. ] [68-2] (KSB) (Entered: 06/24/2005)

RETURN OF SERVICE EXECUTED summons/complaint upon dft Peabody Coal Company on 6/22/05 in Phoenix. (KCS) (Entered: 06/28/2005)

Notice of payment of $176.10 in taxable costs by Peabody Western Coal Company (KCS) (Entered: 07/19/2005)

NOTICE of Appearance by Lucila G Rosas on behalf of Equal Employment Opportunity Commission (KMG, ) (Entered: 07/21/2005)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Navajo Nation served on 9/8/2005, answer due 9/28/2005. (Attachments: # 1 Summons to President of Navajo Nation# 2 Summons to Attorney General)(Rosas, Lucila) (Entered: 09/12/2005)

First MOTION for Extension of Time to File Answer or Otherwise Plead by Navajo Nation. (Denetsosie, Louis) (Entered: 09/13/2005)

First MOTION for Extension of Time to File Answer or Otherwise Plead by Navajo Nation. (Denetsosie, Louis) (Entered: 09/13/2005)

RESPONSE in Opposition re 73 First MOTION for Extension of Time to File Answer or Otherwise Plead , 74 First MOTION for Extension of Time to File Answer or Otherwise Plead filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/14/2005)

MOTION to Stay Proceedings Pending Petition of Writ of Certiorari and Notice of Non-Opposition to the Navajo Nation's Motion for Extension of Time and Request for Status Conference by Peabody Western Coal Company. (Attachments: # 1 # 2 # 3 # 4 # 5)(Bruno, Mary) (Entered: 09/16/2005)

REPLY to Response to Motion re 74 First MOTION for Extension of Time to File Answer or Otherwise Plead filed by Navajo Nation. (Attachments: # 1 Affidavit Declaration of Stewart Udall)(Denetsosie, Louis) Modified on 9/20/2005 (LSP). DOCUMENT FILED WITH INCORRECT CASE CAPTION/CASE NUMBER. (CV 01-1050 PHX- MHM) (Entered: 09/16/2005)

NOTICE TO FILER OF DEFICIENCY re 76 MOTION to Stay Proceedings Pending Petition of Writ of Certiorari and Notice of Non- Opposition to the Navajo Nation's Motion for Extension of Time and Request for Status Conference filed by Peabody Western Coal Company. Description of deficiency: Incorrect document type selected. (LSP) (Entered: 09/20/2005)

ORDER granting 74 Motion for Extension of Time to Answer. Navajo Nation answer due 11/14/2005. Signed by Judge Mary H Murguia on 09/20/05. (MHM) (Entered: 09/21/2005)

RESPONSE in Opposition re 76 MOTION to Stay Proceedings Pending Petition of Writ of Certiorari and Notice of Non-Opposition to the Navajo Nation's Motion for Extension of Time and Request for Status Conference filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/29/2005)

ORDER granting 76 Motion to Stay. Signed by Judge Mary H Murguia on 10/03/05. (MHM) (Entered: 10/04/2005)

MOTION for Admission Pro Hac Vice by Paul E Frye on behalf of Navajo Nation. (BAS, ) (Entered: 10/24/2005)

MOTION for Admission Pro Hac Vice by Lisa M Enfield on behalf of Navajo Nation. (BAS, ) (Entered: 10/24/2005)

ORDER pursuant to General Order 05-25 granting 82 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. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2005)

ORDER pursuant to General Order 05-25 granting 84 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. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2005)

Minute Order: Counsel having notified the court via telephone that Defendant's petition for writ of certiorari has been denied, the Court ORDERS that Defendant Navajo Nations initial pleading shall be due on February 13, 2006. [This is a TEXT ONLY entry. There is no.pdf document attached.](KSP) (Entered: 02/02/2006)

MOTION for Leave to File Excess Pages for Motion to Dismiss and Supporting Memorandum by Navajo Nation. (Attachments: # 1 Exhibit Proposed Motion to Dismiss and Supporting Memorandum# 2 Exhibit Proposed Motion to Dismiss and Supporting Memorandum)(Frye, Paul) (Entered: 02/09/2006)

ORDER granting 87 Motion for Leave to File Excess Pages. Signed by Judge Mary H. Murguia on 02/16/06. (MHM) (Entered: 02/17/2006)

MOTION to Dismiss Case For Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies and Failure to Join the United States as an Indispensable Party and Memorandum in Support Thereof by Navajo Nation. (Attachments: # 1 Exhibit to Motion to Dismiss)(Frye, Paul) (Entered: 02/17/2006)

First MOTION for Extension of Time to file response to motion to dismiss , First MOTION for Leave to File Excess Pages for response to motion to dismiss by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 03/09/2006)