Case: EEOC v. Peabody Coal Company

2:01-cv-01050 | U.S. District Court for the District of Arizona

Filed Date: June 13, 2001

Closed Date: Oct. 2, 2006

Clearinghouse coding complete

Case Summary

The EEOC Phoenix office filed this suit on June 13, 2001 in the U.S. District Court for the District of Arizona. The suit alleged that defendant Peabody Western Coal's lease agreement with the Navajo Nation violated Title VII of the Civil Rights Act because it mandated a hiring preference in favor of Navajo Indians, as opposed to members of other Indian tribes. The complainants, who intervened in the case, were Hopi Indians who were not hired to work at the coal plant. Peabody Western Coal move…

The EEOC Phoenix office filed this suit on June 13, 2001 in the U.S. District Court for the District of Arizona. The suit alleged that defendant Peabody Western Coal's lease agreement with the Navajo Nation violated Title VII of the Civil Rights Act because it mandated a hiring preference in favor of Navajo Indians, as opposed to members of other Indian tribes. The complainants, who intervened in the case, were Hopi Indians who were not hired to work at the coal plant.

Peabody Western Coal moved for summary judgment, arguing that (1) the case could not go forward because the Navajo Nation itself was an indispensable party, but that it could not be joined because the EEOC was not empowered to sue Indian tribes, and that (2) the case presented a nonjusticiable political question. In September 2002, the district court granted the motion, agreeing with the defendant on both counts. E.E.O.C. v. Peabody Coal Co., 214 F.R.D. 549 (D.Ariz., 2002).

The EEOC appealed, and the Ninth Circuit Court of Appeals reversed and remanded, holding that "[b]ecause the EEOC is an agency of the United States, the Navajo Nation cannot assert its sovereign immunity as a defense to joinder," and that the political question doctrine was not relevant because this case did not require the court to "make a policy judgment of a legislative nature." E.E.O.C. v. Peabody Coal Co., 400 F.3d 774, 776, 784 (9th Cir. 2005).

On remand, the Navajo Nation, after being joined as a defendant, filed a motion to dismiss the suit on numerous grounds. The motion was converted to a motion for summary judgment and granted on September 30, 2006, and the case was dismissed.

Summary Authors

Jason Chester (7/27/2007)

Related Cases

EEOC v. Bashas' Inc., District of Arizona (2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4664547/parties/eeoc-v-peabody-coal-company/


Judge(s)

Murguia, Mary Helen (Arizona)

Judge(s)

Murguia, Mary Helen (Arizona)

Documents in the Clearinghouse

Document

02-17305

Docket (PACER) [Court of Appeals]

U. S. Court of Appeals for the Ninth Circuit

April 20, 2006

April 20, 2006

Docket

2:01-cv-01050

Docket

EEOC v. Peabody Coal Company, et al

Jan. 10, 2007

Jan. 10, 2007

Docket

06-17261

Docket (PACER) [Court of Appeals]

EEOC v. Peabody Western Coal

U. S. Court of Appeals for the Ninth Circuit

June 21, 2007

June 21, 2007

Docket
59

2:01-cv-01050

Order

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

Sept. 26, 2002

Sept. 26, 2002

Order/Opinion

02-17305

Appellate Decision

EEOC v. Peabody Western Coal Company

U. S. Court of Appeals for the Ninth Circuit

400 F.3d 774

March 10, 2005

March 10, 2005

Order/Opinion

05-00353

Denial of Petition for Writ of Certiorari

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

Jan. 23, 2006

Jan. 23, 2006

Order/Opinion
142

2:01-cv-01050

Order

EEOC v. Peabody Coal Company, et al

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

Sept. 30, 2006

Sept. 30, 2006

Order/Opinion
143

2:01-cv-01050

Judgment

EEOC v. Peabody Western Coal Company

Oct. 2, 2006

Oct. 2, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4664547/eeoc-v-peabody-coal-company/

Last updated May 20, 2022, 12:38 a.m.

ECF Number Description Date Link Date / Link
142

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)

Sept. 30, 2006

Sept. 30, 2006

RECAP
1

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

June 13, 2001

June 13, 2001

144

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)

Oct. 13, 2006

Oct. 13, 2006

RECAP
2

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

June 26, 2001

June 26, 2001

237

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)

March 7, 2012

March 7, 2012

RECAP
3

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

July 11, 2001

July 11, 2001

4

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)

July 13, 2001

July 13, 2001

267

*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).

Sept. 20, 2012

Sept. 20, 2012

RECAP
276

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)

Oct. 18, 2012

Oct. 18, 2012

RECAP
5

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

July 16, 2001

July 16, 2001

6

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

July 26, 2001

July 26, 2001

7

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)

July 31, 2001

July 31, 2001

8

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)

Aug. 1, 2001

Aug. 1, 2001

9

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)

Aug. 2, 2001

Aug. 2, 2001

10

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)

Aug. 6, 2001

Aug. 6, 2001

11

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

Aug. 17, 2001

Aug. 17, 2001

12

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

Aug. 17, 2001

Aug. 17, 2001

13

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)

Aug. 17, 2001

Aug. 17, 2001

14

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

Aug. 24, 2001

Aug. 24, 2001

15

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

Aug. 24, 2001

Aug. 24, 2001

16

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)

Aug. 30, 2001

Aug. 30, 2001

17

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

Aug. 30, 2001

Aug. 30, 2001

18

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)

Oct. 17, 2001

Oct. 17, 2001

19

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)

Oct. 22, 2001

Oct. 22, 2001

20

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)

Nov. 5, 2001

Nov. 5, 2001

21

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)

Jan. 9, 2002

Jan. 9, 2002

22

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)

Jan. 10, 2002

Jan. 10, 2002

23

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

Feb. 1, 2002

Feb. 1, 2002

24

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)

Feb. 1, 2002

Feb. 1, 2002

25

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)

Feb. 1, 2002

Feb. 1, 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)

Feb. 5, 2002

Feb. 5, 2002

26

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)

Feb. 12, 2002

Feb. 12, 2002

27

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)

Feb. 19, 2002

Feb. 19, 2002

28

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)

Feb. 19, 2002

Feb. 19, 2002

29

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)

Feb. 25, 2002

Feb. 25, 2002

30

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)

Feb. 27, 2002

Feb. 27, 2002

31

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)

March 1, 2002

March 1, 2002

32

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)

March 4, 2002

March 4, 2002

34

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)

March 21, 2002

March 21, 2002

33

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)

March 22, 2002

March 22, 2002

35

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

March 22, 2002

March 22, 2002

36

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)

March 29, 2002

March 29, 2002

37

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)

March 29, 2002

March 29, 2002

38

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

March 29, 2002

March 29, 2002

39

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)

March 29, 2002

March 29, 2002

40

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)

March 29, 2002

March 29, 2002

41

(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)

March 29, 2002

March 29, 2002

42

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

March 29, 2002

March 29, 2002

43

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)

March 29, 2002

March 29, 2002

45

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)

March 29, 2002

March 29, 2002

46

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)

April 3, 2002

April 3, 2002

48

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)

April 8, 2002

April 8, 2002

47

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)

April 9, 2002

April 9, 2002

49

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)

April 17, 2002

April 17, 2002

50

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)

April 17, 2002

April 17, 2002

51

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)

April 24, 2002

April 24, 2002

52

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)

April 29, 2002

April 29, 2002

53

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)

April 29, 2002

April 29, 2002

55

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)

June 25, 2002

June 25, 2002

56

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)

July 9, 2002

July 9, 2002

57

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)

July 23, 2002

July 23, 2002

58

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)

Sept. 23, 2002

Sept. 23, 2002

59

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)

Sept. 26, 2002

Sept. 26, 2002

60

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)

Sept. 26, 2002

Sept. 26, 2002

61

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)

Nov. 21, 2002

Nov. 21, 2002

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

Nov. 26, 2002

Nov. 26, 2002

62

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)

Dec. 12, 2002

Dec. 12, 2002

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

Dec. 18, 2002

Dec. 18, 2002

63

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

Jan. 6, 2003

Jan. 6, 2003

64

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)

Jan. 8, 2003

Jan. 8, 2003

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

Jan. 8, 2003

Jan. 8, 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)

Feb. 23, 2004

Feb. 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)

March 8, 2004

March 8, 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)

March 28, 2005

March 28, 2005

65

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)

June 3, 2005

June 3, 2005

66

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)

June 6, 2005

June 6, 2005

67

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

June 17, 2005

June 17, 2005

68

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)

June 24, 2005

June 24, 2005

69

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

June 27, 2005

June 27, 2005

70

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

July 18, 2005

July 18, 2005

71

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

July 20, 2005

July 20, 2005

72

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)

Sept. 12, 2005

Sept. 12, 2005

73

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

Sept. 13, 2005

Sept. 13, 2005

74

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

Sept. 13, 2005

Sept. 13, 2005

75

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)

Sept. 14, 2005

Sept. 14, 2005

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 by Peabody Western Coal Company. (Attachments: # 1 # 2 # 3 # 4 # 5)(Bruno, Mary) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

77

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)

Sept. 16, 2005

Sept. 16, 2005

78

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)

Sept. 20, 2005

Sept. 20, 2005

79

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)

Sept. 21, 2005

Sept. 21, 2005

80

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)

Sept. 29, 2005

Sept. 29, 2005

81

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

Oct. 4, 2005

Oct. 4, 2005

82

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

Oct. 19, 2005

Oct. 19, 2005

84

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

Oct. 19, 2005

Oct. 19, 2005

83

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)

Oct. 24, 2005

Oct. 24, 2005

85

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)

Oct. 24, 2005

Oct. 24, 2005

86

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)

Feb. 2, 2006

Feb. 2, 2006

87

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)

Feb. 9, 2006

Feb. 9, 2006

88

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)

Feb. 17, 2006

Feb. 17, 2006

89

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)

Feb. 17, 2006

Feb. 17, 2006

90

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)

March 9, 2006

March 9, 2006

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 13, 2001

Closing Date: Oct. 2, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Navajo Nation, Private Entity/Person

Peabody Western Coal Company, Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

National origin discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit