NAVAJO NATION v. USA

Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:93-cv-00763-LMB
District Judge Lawrence M. Baskir, presiding
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Summary

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Parties
No Logo NAVAJO NATION, Plaintiff

Represented by Frye Law Firm PC

Name Phone Fax E-Mail
Space Paul Edward Frye +1 505 296 9400 +1 505 296 9401 pef@fryelaw.us
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Devon Lehman McCune +1 303 844 1487 +1 303 844 1350 devon.mccune@usdoj.gov
Other Parties
No Logo CHRISTOPHER G. FARRAND, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jeffrey B. Smith +1 626 449 7522
No Logo GREGORY J. LEISSE, Movant
No Logo PAUL E FRYE, Movant

Represented by Frye Law Firm PC

Name Phone Fax E-Mail
Space Paul Edward Frye +1 505 296 9400 +1 505 296 9401 pef@fryelaw.us

Represented by Stein, Mitchell & Mezines, LLP

Name Phone Fax E-Mail
Space Jacob A. Stein +1 202 737 7777 jstein@steinmitchell.com
No Logo Salt River Project Agricultural Improvement And Power District, Movant

Represented by Salmon Lewis & Weldon PLC

Name Phone Fax E-Mail
Space Riney B. Salmon, II +1 602 801 9060 +1 602 801 9070 ls@slwplc.com
No Logo Southern California Edison Company, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Leon Bass, Jr.
Attributes
Office COFC
Filed 12/14/1993
Jury Demand
Demand $600000000
Nature of Suit 504 - Native American
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction
Disposition
County
Terminated
Origin
Reopened 1/22/2008
Lead Case None
Related Case
Other Court Case '06-5059'[]
Def Custody Status
Flag REOPEN
Timeline
  Entries (408) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 383 Filed: 1/22/2008, Entered: 1/25/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [380] Published Opinion that directed Clerk to enter judgment and remanding for further ptoceedings consistent with this opinion. (hw1, )
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Blank 382 Filed: 2/24/2006, Entered: 3/6/2006 Terminated:
CAFC Case Number 06-5059 for [381] Notice of Appeal filed by NAVAJO NATION. (hw1, )
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Blank 381 Filed: 2/14/2006, Entered: 2/14/2006, Terminated: 1/22/2008 Notice of Appeal
NOTICE OF APPEAL, filed by NAVAJO NATION. Filing fee $ 255, receipt number 064435. Copies to judge, opposing party and CAFC. (hw1, )
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Blank 380 Filed: 12/20/2005, Entered: 12/27/2005 Published OpinionCourt Filing
PUBLISHED OPINION . Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 379 Filed: 10/18/2005, Entered: 10/19/2005 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on September 28, 2005 before Judge Lawrence M. Baskir. (dw1)
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Blank -- Filed: 9/29/2005, Entered: 9/29/2005
Set/Reset Transcript Deadlines: Transcript due by 10/28/2005. (vp1, )
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Blank 378 Filed: 9/28/2005, Entered: 9/29/2005 Memorandum
Lodging of the Navajo Nation on Remand from the Federal Circuit (two volumes), filed by NAVAJO NATION. [FILED BY LEAVE OF THE JUDGE] Service: 9/28/2005 in court.(mb2, )
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Blank 377 Filed: 9/14/2005, Entered: 9/16/2005 Supplemental Brief
SUPPLEMENTAL AUTHORITY, filed by NAVAJO NATION. Service: 9/9/2005.(mb2, )
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Blank 376 Filed: 9/14/2005, Entered: 9/16/2005 Order on Motion For Leave to File.Court Filing
ORDER granting [375] Motion for Leave to File Supplemental Authorities, Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 375 Filed: 9/9/2005, Entered: 9/13/2005, Terminated: 9/14/2005 Terminated:
MOTION for Leave to File Supplemental Authorities, filed by NAVAJO NATION. Service: 9/9/2005. Response due by 9/26/2005. (mb2, )
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Blank 374 Filed: 7/29/2005, Entered: 8/1/2005 ~Notice (other)
NOTICE of Erratum re [370] Response to Motion, filed by USA. [FILED BY LEAVE OF THE JUDGE]Service: 7/26/2005.(mb2, )
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Blank 373 Filed: 6/28/2005, Entered: 6/29/2005 Order Setting Oral Argument/Hearing on MotionCourt Filing
ORDER Setting Hearing: Oral Argument set for 9/28/2005 at 2:00 PM in National Courts Building before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 372 Filed: 6/8/2005, Entered: 6/13/2005 OrderCourt Filing
ORDER: The parties shall contact the court with proposed oral argument dates. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 371 Filed: 5/26/2005, Entered: 5/31/2005 Reply to Response to Motion
REPLY to Response to Motion re [367] MOTION to Strike [364] Supplemental Brief, filed by NAVAJO NATION. Service: 5/26/2005.(mb2, )
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Blank 370 Filed: 5/12/2005, Entered: 5/16/2005 Response to Motion
RESPONSE to [367] MOTION to Strike [364] Supplemental Brief, filed by USA. Reply due by 5/27/2005. Service: 5/12/2005.(mb2, )
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Blank 369 Filed: 5/4/2005, Entered: 5/10/2005 OrderCourt Filing
ORDER: the parties shall notify the court of proposed oral argument dates no later than May 31, 2005. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 368 Filed: 4/25/2005, Entered: 4/26/2005 Response to Supplemental Brief
Reply Brief of the Navajo Nation on Remand from the Federal Circuit filed as a RESPONSE to [364] Supplemental Brief filed by NAVAJO NATION. Service: 4/25/2005.(mb2, ) Modified on 3/6/2006 to clarify docket entry. (dls).
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Blank 367 Filed: 4/25/2005, Entered: 4/26/2005 Terminated:
MOTION to Strike [364] Supplemental Brief, filed by NAVAJO NATION. Service: 4/25/2005. Response due by 5/12/2005. (mb2, )
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Blank 366 Filed: 4/14/2005, Entered: 4/18/2005 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting [365] Motion for Leave to File Excess Pages. Signed by Chief Judge Edward J. Damich for Judge Lawrence M. Baskir. (mb2, )
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Blank 365 Filed: 4/8/2005, Entered: 4/12/2005, Terminated: 4/14/2005 Terminated:
MOTION for Leave to Exceed Page Limit of Consolidated Reply Brief by 20 pages, filed by NAVAJO NATION. Service: 4/7/2005. Response due by 4/25/2005. (mb2, )
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Blank 364 Filed: 3/23/2005, Entered: 3/28/2005 Supplemental Brief
SUPPLEMENTAL BRIEF in Response to Brief of The Navajo Nation on Remand from the Federal Circuit re: [363] Order on Motion for Leave to File, Order on Motion to Strike by USA. Service: 3/23/2005.(mb2, )
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Blank 363 Filed: 2/24/2005, Entered: 2/25/2005 Order on Motion For Leave to File.Court Filing
ORDER granting [355] Motion for Leave to File, denying [355] Motion to Strike. Supplemental Brief and Appendix due by 3/23/2005. Reply Brief to the Remand from The Federal Circuit due by 4/25/2005. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 362 Filed: 1/18/2005, Entered: 1/21/2005 Reply to Response to Motion
REPLY to Response to Motion re [355] MOTION to Strike exhibits or, in the alternative, MOTION for Leave to File supplemental brief. filed by USA. Service: 01/18/05.(mb2, )
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Blank 361 Filed: 1/11/2005, Entered: 1/13/2005 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [360] Motion for Extension of Time to File Reply in Support of its Motion to Strike Exhibits. Reply due by 1/18/2005. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 360 Filed: 1/7/2005, Entered: 1/10/2005, Terminated: 1/11/2005 Terminated:
Unopposed MOTION for Extension of Time until 01/18/05 to File Reply in Support of Motion to Strike by USA.Service: 01/07/05. Response due by 1/24/2005 (mb2, )
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Blank 359 Filed: 12/30/2004, Entered: 1/4/2005 Notice of Appearance
NOTICE of Appearance by Devon Marie Lehman for USA. Service: 12/29/04.(dw1)
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Blank 358 Filed: 12/28/2004, Entered: 1/3/2005 Terminated:
MOTION for Extension of Time to File Reply Brief,until 24 days after the entry of an order ruling on defendant's motion to strike, etc., by NAVAJO NATION.Service: 12/27/2004. Response due by 1/14/2005 (hw1, )
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Blank 357 Filed: 12/28/2004, Entered: 1/10/2005 Response to Motion
RESPONSE to [355] MOTION to Strike or, in the alternative, MOTION for Leave to File supplemental brief filed by NAVAJO NATION. Reply due by 1/10/2005. Service: 12/27/04.(dls )
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Blank 356 Filed: 12/17/2004, Entered: 1/10/2005 Terminated:
MOTION for Extension of Time to File Response to [355] MOTION to Strike or, in the alternative, MOTION for Leave to File supplemental brief (until 1/5/05) filed by NAVAJO NATION.Service: 12/16/04. Response due by 1/3/2005 (dls )
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Blank 355 Filed: 12/10/2004, Entered: 1/10/2005, Terminated: 2/24/2005 Terminated:
MOTION to Strike exhibits or, in the alternative, MOTION for Leave to File supplemental brief filed by USA.Service: 12/10/04. Response due by 12/27/2004.(dls)
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Blank 354 Filed: 12/10/2004, Entered: 12/15/2004 Response
RESPONSE to the brief of Navajo Nation on remand from the Federal Circuit filed by USA. Service: 12/10/04.(dw1)
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Blank 353 Filed: 11/23/2004, Entered: 11/29/2004 Order on Motion to Amend ScheduleCourt Filing
ORDER granting [352] Dft's Second Unopposed Motion to Amend the Briefing Schedule on Pltf's Motion on Remand filed 11/22/2004, is hereby GRANTED. Dft's response to pltf's Motion on Remand is due 12/10/2004. Pltf's reply is due 1/14/2005. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank -- Filed: 11/23/2004, Entered: 11/29/2004 Set/Reset Deadlines:
Set/Reset Deadlines: Reply due by 1/14/2005. Response due by 12/10/2004. (jcp, )
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Blank 352 Filed: 11/22/2004, Entered: 11/24/2004, Terminated: 11/23/2004 Terminated:
SECOND CONSENTED MOTION to Amend Briefing Schedule on Pltf's Motion to Remand, [Dft's response to the motion: 12/10/2004; Pltf's reply to the Dft's response: 1/14/2005] by USA.Service: 11/19/2004. Response due by 12/6/2004. (jcp, )
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Blank 351 Filed: 10/20/2004, Entered: 10/27/2004 Order on Motion to Amend ScheduleCourt Filing
ORDER granting [350] Motion for Extension of Time re: briefing on Plaintiff's Motion on Remand. Defendant's response to Plaintiff's motion is due 11/24/04 and Plaintiff's reply is due 12/22/04. Signed by Judge Lawrence M. Baskir. (jat, )
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Blank -- Filed: 10/20/2004, Entered: 10/27/2004 Set/Reset Deadlines:
Set/Reset Deadlines: Defendant's Response due 11/24/04 and Plaintiff's Reply due 12/22/2004. (jat, )
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Blank 350 Filed: 10/14/2004, Entered: 10/19/2004, Terminated: 10/20/2004 Terminated:
MOTION to Amend Briefing Schedule on Plaintiff's Motion to Remand by USA.Service: 10/14/04. Response due by 11/1/2004 (jat, )
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Blank 349 Filed: 9/9/2004, Entered: 9/14/2004 Affidavit
AFFIDAVIT of Mark P. Berkman, Ph.D., by NAVAJO NATION. [FILED BY LEAVE OF THE JUDGE] (jcp, )
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Blank 348 Filed: 9/9/2004, Entered: 9/14/2004 Declaration
DECLARATION of Lisa A. Neuville, by USA. [FILED BY LEAVE OF THE JUDGE] (jcp, )
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Blank 347 Filed: 8/26/2004, Entered: 8/27/2004 ~Notice (other)
BRIEF by NAVAJO NATION on Remand From the Federal Circuit. [FILED BY LEAVE OF THE JUDGE] Service: 8/24/2004.(jcp, )
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Blank 346 Filed: 8/26/2004, Entered: 8/27/2004 OrderCourt Filing
ORDER: Pltf's Brief on Remand from the Federal Circuit is being filed by my leave. Parties are ORDERED to file the original copy of Exhibit 9 (Mark Berkman affidavit) forthwith. Signed by Judge Lynn J. Bush. (jcp, )
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Blank 345 Filed: 8/12/2004, Entered: 8/13/2004 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting [344] Pltf's Unopposed Motion for Leave to Exceed the Page Limits for its Opening Brief by 5 Pages. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 344 Filed: 8/10/2004, Entered: 8/12/2004, Terminated: 8/12/2004 Terminated:
UNOPPOSED MOTION for Leave to Exceed Page Limit of Pltf's Opening Brief by 5 pages by NAVAJO NATION.Service: 8/9/2004. Response due by 8/27/2004. (jcp, )
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Blank 343 Filed: 7/30/2004, Entered: 8/5/2004 TranscriptCourt Filing
REVISED AND CORRECTED COPY OF TRANSCRIPT of Proceedings held on 5/18/2004 before Judge Baskir. (lg1, )
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Blank 342 Filed: 7/21/2004, Entered: 7/26/2004 Order on Motion to Amend ScheduleCourt Filing
ORDER: [341] Pltf's Unopposed Motion to Modify the Briefing Schedule is hereby GRANTED. Pltf's opening brief due no later than 8/24/2004. Government's response due no later than 11/9/2004. Pltf's reply due no later than 12/6/2004. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank -- Filed: 7/21/2004, Entered: 7/26/2004 Set/Reset Deadlines:
Set/Reset Deadlines: Brief due by 8/24/2004. Reply due by 12/6/2004. Response due by 11/9/2004. (jcp, )
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Blank 341 Filed: 7/19/2004, Entered: 7/21/2004 Terminated:
UNOPPOSED MOTION to Modify Briefing Schedule [Pltf's opening brief: 8/24/2004; Dft's responsive brief: 11/9/2004; Pltf's reply brief: 12/6/2004], by NAVAJO NATION.Service: 7/16/2004. Response due by 8/2/2004. (jcp, )
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Blank 340 Filed: 6/9/2004, Entered: 6/14/2004 Order on Motion to Amend/CorrectCourt Filing
ORDER granting [339] Joint Motion to Correct Transcript of 5/18/2004, Status Conference. Clerk of the Court is directed to request that Heritage Reporting make the revisions listed in the enclosed Joint Motion. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 339 Filed: 6/3/2004, Entered: 6/7/2004, Terminated: 6/9/2004 Terminated:
JOINT MOTION to Correct [338] Transcript of Status Conference Conducted on 5/18/2004, by NAVAJO NATION, USA. Response due by 6/21/2004. (jcp, )
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Blank 338 Filed: 5/20/2004, Entered: 5/21/2004 TranscriptCourt Filing
TRANSCRIPT of Proceedings in One Volume held on 5/18/2004 before Judge Lawrence M. Baskir. (jcp, )
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Blank 337 Filed: 5/20/2004, Entered: 5/21/2004 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER: Pltf shall file its Brief by 8/3/2004. Dft shall file its repsonse by 10/18/2004. Dft shall file its reply by 11/15/2004. [334] Peabody's Motion for Leave to Participate as Amicus Curiae is DENIED. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank -- Filed: 5/20/2004, Entered: 5/21/2004 Set/Reset Deadlines:
Set/Reset Deadlines: Brief due by 8/3/2004. Reply due by 11/15/2004. Response due by 10/18/2004. (jcp, )
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Blank -- Filed: 5/19/2004, Entered: 5/19/2004
Minute Entry for proceedings held before Judge Lawrence M. Baskir: Status Conference held at 10:30am on 5/18/04 (in person). (dcl)
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Blank -- Filed: 5/19/2004, Entered: 5/19/2004
Set/Reset Transcript Deadlines: Transcript due by 6/18/2004. (vp1, )
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Blank 336 Filed: 5/13/2004, Entered: 5/17/2004 Response to Motion
OPPOSITION to [334] Peabody Holding Company, Inc.'s MOTION for Leave to Participate as Amicus Curiae, filed by NAVAJO NATION. Reply due by 5/27/2004. Service: 5/13/2004.(jcp, )
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Blank 335 Filed: 4/28/2004, Entered: 4/30/2004 Status Conference OrderCourt Filing
STATUS CONFERENCE ORDER: This Order confirms that a Status Conference is scheduled in this matter on Tuesday, 5/18/2004 10:30 AM in National Courts Building before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 334 Filed: 4/27/2004, Entered: 4/29/2004, Terminated: 5/20/2004 Terminated:
MOTION for Leave to Participate as Amicus Curiae by PEABODY WESTERN COAL COMPANY, PEABODY COAL COMPANY, PEABODY HOLDING CO.Service: 4/27/2004. Response due by 5/14/2004. (jcp, )
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Blank 333 Filed: 4/19/2004, Entered: 4/21/2004 Joint Status Report
JOINT REPORT Recommending Further Proceedings by all parties. (jcp, )
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Blank 332 Filed: 3/29/2004, Entered: 3/31/2004 Notice of Change of Address
NOTICE of Change of Firm Name and Address by Paul Edward Frye. Service: 3/25/2004.(jcp, )
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Blank 331 Filed: 3/18/2004, Entered: 3/22/2004 Status Report/OrderCourt Filing
STATUS REPORT ORDER: The parties shall file with the Court no later than 4/19/2004, a Joint Status Report indicating further proceedings required in this matter. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 330 Filed: 3/16/2004, Entered: 3/16/2004, Terminated: 1/22/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [295] Published Decision and Remanding pirsuant to the United States Supreme Court reversing the ruling and remanding to the United States Court of Appeals for the Federal Circuit. (hw1, )
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Blank 329 Filed: 6/3/2002, Entered: 6/4/2002 ~Notice (other)
NOTICE of Granting Certiorari by USA. Service: 6/3/02. (FE)
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Blank 328 Filed: 4/24/2002, Entered: 4/25/2002 ~Notice (other)
NOTICE of related proceeding filed by USA. Service: 4/24/02 (DS)
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Blank 327 Filed: 3/19/2002, Entered: 3/19/2002
NOTICE of filing petition for writ of certiorari by USA. Service: 3/18/02 (DS)
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Blank 326 Filed: 1/14/2002, Entered: 1/15/2002 Notice of Change of Address
NOTICE of change of address by Paul Edward Frye. (HW)
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Blank 325 Filed: 11/26/2001, Entered: 11/26/2001, Terminated: 3/16/2004 CAFC Mandate Reversing
MANDATE (certified copy) from CAFC dated November 23, 2001 reversing the [296-1] judgment order (HW)
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Blank 324 Filed: 9/20/2001, Entered: 9/21/2001 OrderCourt Filing
ORDER granting [323-1] joint motion to modify confidentiality agreement and protective order (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (LTD)
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Blank 323 Filed: 9/10/2001, Entered: 9/11/2001, Terminated: 9/20/2001 Terminated:
JOINT MOTION by USA, THE NAVAJO NATION to modify confidentiality agreement and protective order . (HW)
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Blank 322 Filed: 7/26/2001, Entered: 7/27/2001 OrderCourt Filing
ORDER re: Parties "Joint Motion to Modify Confidentiality Agreement and Protective Order" is being returned pursuant to RCFC 81(d)(2) (signed by Chief Judge Lawrence M. Baskir ). Copy to parties. (FE)
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Blank 321 Filed: 7/3/2001, Entered: 7/3/2001
NOTICE of change of address by Rollin Anthony Rogers (DS)
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Blank 320 Filed: 4/19/2001, Entered: 4/20/2001 Terminated:
MANDATE (certified copy) from CAFC dated April 29, 2001 affirmed [296-1] judgment order. (HW)
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Blank 319 Filed: 3/5/2001, Entered: 3/5/2001
Enite file signed out to CAFC this date [17 red-wells & 3 binders]. (HW)
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Blank 318 Filed: 10/10/2000, Entered: 10/12/2000 Notice of Change of Address
NOTICE of change of address by Paul Edward Frye (HW)
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Blank 317 Filed: 9/18/2000, Entered: 9/19/2000 OrderCourt Filing
ORDER re: the Sullivan Memorandum. ( signed by Chief Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 316 Filed: 9/18/2000, Entered: 9/19/2000 Reply to Response to Motion
REPLY by PEABODY HOLDING CO. to response to [313-1] motion to release records. Service: 9/18/00 (JT)
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Blank 315 Filed: 9/14/2000, Entered: 9/15/2000 OrderCourt Filing
ORDER directing the Clerk's Office to implement the 7/7/00 Order and release the records to Peabody, mooting [313-1] motion to release records. ( signed by Chief Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 314 Filed: 9/14/2000, Entered: 9/14/2000
RESPONSE by THE NAVAJO NATION (Service: 9/14/00 (by hand)) to [313-1] motion to release records. Reply due: 9/25/00 (JT)
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Blank 313 Filed: 9/12/2000, Entered: 9/13/2000 Terminated:
MOTION by PEABODY HOLDING CO. (Service: 9/12/00) to release records . Response due: 9/29/00. (FE)
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Blank 312 Filed: 7/7/2000, Entered: 7/13/2000 Unpublished DecisionCourt Filing
UNPUBLISHED DECISION re: the December 1, 1987 Sullivan Memorandum, Exhibit 48 of Plaintiff's motion remains under seal. The Clerk is directed to release to the public record the remainder of items identified in the 3/31/00 Order. ( signed by Judge Lawrence M. Baskir ). Copy to parties. (JT)
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Blank -- Filed: 6/9/2000, Entered: 6/19/2000 Terminated:
CAFC Case Number Re: [311-1] appeal by THE NAVAJO NATION. CAFC NUMBER: 00-5086. (HW)
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Blank 311 Filed: 6/1/2000, Entered: 6/1/2000, Terminated: 11/26/2001 Notice of cross-appealCourt Filing
NOTICE OF CROSS-APPEAL by THE NAVAJO NATION. Copy to Judge Lawrence Baskir, Defendant, and to CAFC. FILING FEE $ 105.00; RECEIPT # 049744. (HW)
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Blank 310 Filed: 5/2/2000, Entered: 5/4/2000 Response
REPLY by PEABODY HOLDING CO. to [309-1] response by THE NAVAJO NATION. Service: 5/2/00. (FE)
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Blank 309 Filed: 4/27/2000, Entered: 4/28/2000 ResponseCourt Filing
RESPONSE by THE NAVAJO NATION to [307-1] response by PEABODY HOLDING CO. Filed by leave of the Judge. Service: 4/26/00 (JT)
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Blank 308 Filed: 4/25/2000, Entered: 4/25/2000, Terminated: 4/19/2001 Notice of AppealCourt Filing
NOTICE OF APPEAL by PEABODY HOLDING CO, [PEABODY COAL COMPANY and PEABODY WESTERN COAL COMPANY]. Copy to Defendant, Judge Lawrence Baskir and to CAFC. FILING FEE $ 105.00; RECEIPT # 049494. (HW)
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Blank 307 Filed: 4/18/2000, Entered: 4/20/2000 Response
RESPONSE by PEABODY HOLDING CO. to [305-2] order. Service: 4/18/00 (JT)
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Blank 306 Filed: 4/10/2000, Entered: 4/11/2000 Unpublished DecisionCourt Filing
UNPUBLISHED DECISION denying [297-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [296-1] judgment order. ( signed by Judge Lawrence M. Baskir ). Copy to parties. (JT)
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Blank 305 Filed: 3/31/2000, Entered: 4/3/2000 OrderCourt Filing
ORDER set deadline of 4/18/00 for Peabody to file with the Court a statement justifying why document(s) should remain sealed. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 304 Filed: 3/31/2000, Entered: 4/3/2000 Published DecisionCourt Filing
PUBLISHED DECISION denying [257-1] motion for determination of status of documents under CAPO. and denying [225-1] motion for Sanctions (signed by Judge Lawrence M. Baskir ). Copy to parties. (FE)
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Blank 303 Filed: 3/29/2000, Entered: 3/30/2000 Response to Motion
RESPONSE by USA (Service: 3/29/00 ) to [297-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [296-1] judgment order. Reply due: 4/18/00. (FE)
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Blank 302 Filed: 3/23/2000, Entered: 3/27/2000 OrderCourt Filing
ORDER granting [299-1] motion to amend the briefing schedule on Plaintiff's motion to alter or amend judgment. Defendant's response to [297-1] motion for Reconsideration/ Rehearing Pursuant to Rule 59 re: [296-1] judgment order reset to 3/29/00 and Plaintiff's reply to response to motion reset to 4/18/00 for [297-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [296-1] judgment order. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT) Modified on 03/27/2000
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Blank 301 Filed: 3/23/2000, Entered: 3/27/2000 Terminated:
SECOND MOTION by USA (Service : 3/22/00 ) to Amend briefing schedule on Plaintiff's motion to alter or amend judgment. Response due: 4/10/00 (JT)
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Blank 300 Filed: 3/9/2000, Entered: 3/11/2000 OrderCourt Filing
ORDER granting [299-1] motion to amend the briefing schedule on Plaintiff's motion to alter or amend judgment. Defendant's response to [297-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [296-1] judgment order reset to 3/24/00 and Plaintiff's reply to response to motion reset to 4/4/00 for [297-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 [296-1] judgment order. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 299 Filed: 3/8/2000, Entered: 3/9/2000, Terminated: 3/9/2000 Terminated:
MOTION by USA (Service : 3/8/00 ) to amend the briefing schedule on Plaintiff's motion to alter or amend judgment. Response due: 3/27/00 (JT)
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Blank 298 Filed: 2/24/2000, Entered: 2/28/2000 OrderCourt Filing
ORDER Defendant's response to [297-1] motion for reconsideration/rehearing Pursuant to Rule 59 re: [296-1] judgment order reset to 3/9/00 and Plaintiff's reply to response to motion reset to 3/16/00 for [297-1] motion for reconsideration/rehearing Pursuant to Rule 59 re: [296-1] judgment order. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 297 Filed: 2/18/2000, Entered: 2/23/2000 Terminated:
MOTION by THE NAVAJO NATION (Service : 2/18/00 ) for Reconsideration/Rehearing Pursuant to Rule 59 re: [296-1] judgment order. (JT)
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Blank 296 Filed: 2/4/2000, Entered: 2/4/2000
JUDGMENT entered, pursuant to Rule 58, that judgment is entered in favor of the defendant and the First Amended Complaint is dismissed. (signed by Clerk). Copy to parties. (LD)
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Blank 295 Filed: 2/4/2000, Entered: 2/4/2000 Court Filing
PUBLISHED DECISION concluding the facts of this case show that the Secretary acted in the best interests of a third party and not in the interests of the beneficiary to whom he owed a fiduciary duty-- a classic violation of common law fiduciary obligations. Nonetheless, the Navajo Nation has failed to present statutory authority which can be fairly interpreted as mandating compensation for the government's fiduciary wrongs. Defendant has thus established its right to judgment as a matter of law. Further, the Court finds that the government did not enter into a contract with Navajo Nation either by the express terms of Lease 8580 or by implication. Accordingly, defendant's motions for summary judgment with respect to plaintiff's breach of trust claim and its breach of contract claim are granted [180-1]. The Clerk of Court is directed to enter judgment for defendant and dismiss plaintiff's First Amended Complaint. ( signed by Judge Lawrence M. Baskir ). Copy to parties. (LD)
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Blank -- Filed: 2/4/2000, Entered: 2/4/2000
Case closed (LD)
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Blank 294 Filed: 2/1/2000, Entered: 2/3/2000 Terminated:
RESPONSE by THE NAVAJO NATION to Peabody's conditional response to notice of filing. Service: 2/1/00 (responses to motions included) (JT)
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Blank 294 Filed: 2/1/2000, Entered: 2/3/2000 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 2/1/00 ) to [293-1] motion to Strike [287-1] notice by THE NAVAJO NATION, [293-2] motion for Leave to to file a response. Reply due: 2/14/00 (reply to Peabody's conditional response to notice of filing included) (JT)
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Blank 293 Filed: 1/19/2000, Entered: 1/19/2000, Terminated: 2/4/2000 Motion to Strike
MOTION by PEABODY HOLDING CO. (Service hand on defendant; by mail on plaintiff: 1/19/00 ) to Strike [287-1] notice by THE NAVAJO NATION , or, in the alternative, for Leave to to file a response Response 2/2/00 for defendant; 2/7/00 for plaintiff. (DS)
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Blank -- Filed: 1/19/2000, Entered: 1/19/2000
Deadline updated; Response to [293-1] motion to Strike [287-1] notice by THE NAVAJO NATION, [293-2] motion for Leave to to file a response set to 2/2/00 for defendant; 2/7/00 for plaintiff. (DS)
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Blank 292 Filed: 1/6/2000, Entered: 1/6/2000
Highlighted Version - Memorandum in opposition to motion of Peabody to hold Plaintiff in contempt, and for sanctions UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 291 Filed: 1/6/2000, Entered: 1/6/2000
Highlighted Version - Surreply to Peabody's reply memorandum on contempt issue UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 290 Filed: 1/6/2000, Entered: 1/6/2000
Highlighted Version - Motion for determination of status of documents under CAPO UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 289 Filed: 1/6/2000, Entered: 1/6/2000
Highlighted Version - Response of the Navajo Nation to Peabody's motion to substitute counsel UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 288 Filed: 1/6/2000, Entered: 1/6/2000
Highlighted Version - Motion and Memorandum in support of motion for scheduling order and for suspension of briefing on Peabody's contempt motion pending adoption of scheduling order UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 287 Filed: 1/6/2000, Entered: 1/6/2000
NOTICE of Filing redacted versions of Navajo Nation submissions by THE NAVAJO NATION. Service: 1/6/00 UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 286 Filed: 1/6/2000, Entered: 1/6/2000
Public Version - Memorandum in opposition to motion of Peabody to hold Plaintiff in contempt, and for sanctions (JT)
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Blank 285 Filed: 1/6/2000, Entered: 1/6/2000
Public Version - Surreply to Peabody's reply memorandum on contempt issue (JT)
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Blank 284 Filed: 1/6/2000, Entered: 1/6/2000
Public Version - motion for determination of status of documents under CAPO. (JT)
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Blank 283 Filed: 1/6/2000, Entered: 1/6/2000
Public Version - Motion and Memorandum in support of motion for scheduling order and for suspension of briefing on Peabody's contempt motion pending adoption of scheduling order (JT)
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Blank 282 Filed: 1/6/2000, Entered: 1/6/2000
Public Version - Response of the Navajo Nation to Peabody's motion to substitute counsel (JT)
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Blank 281 Filed: 1/6/2000, Entered: 1/6/2000
NOTICE of Filing redacted versions of Navajo Nation Submissions by THE NAVAJO NATION. Service: 1/6/00 (JT)
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Sealed Legal Document 280 Filed: 1/3/2000, Entered: 1/4/2000 Transcript
TRANSCRIPT of proceedings Filed UNDER SEAL 1 volume, at Washington, D.C., for date of December 1, 1999. Notice to parties. (FE)
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Blank 279 Filed: 12/21/1999, Entered: 12/29/1999 OrderCourt Filing
ORDER granting Navajo Nation's and Paul E. Frye's motion for enlargement of time to file submissions in conformity with the Court's Order of 12/2/99. Reset deadline of 1/7/00 for Navajo Nation and Paul Frye to file their submissions in conformity with the Court's Order of 12/2/99. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 278 Filed: 12/17/1999, Entered: 12/21/1999 Reply to Response to Motion
REPLY by THE NAVAJO NATION, PAUL E FRYE to response to [275-1] motion to Extend Time to file submissions in conformity with the Court's 12/2/99 Order. Service: 12/17/99 (JT)
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Blank 277 Filed: 12/15/1999, Entered: 12/20/1999 OrderCourt Filing
ORDER granting [275-1] motion to Extend Time to file submissions in conformity with the Court's 12/2/99 Order. Reset Notice of Compliance deadline to 12/21/99 for the parties to file submissions in conformity with the Court's 12/2/99 Order. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 276 Filed: 12/14/1999, Entered: 12/17/1999 Terminated:
RESPONSE by PEABODY HOLDING CO. (Service: 12/14/99 (by hand)) to [275-1] motion to Extend Time to file submissions in conformity with the Court's 12/2/99 Order. Reply due: 12/23/99 (JT)
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Blank 275 Filed: 12/13/1999, Entered: 12/16/1999, Terminated: 12/15/1999 Terminated:
MOTION by THE NAVAJO NATION, PAUL E FRYE (Service : 12/13/99 ) to Extend Time to file submissions in conformity with the Court's 12/2/99 Order [until December 21, 1999]. Response due: 12/30/99 (JT)
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Blank 274 Filed: 12/13/1999, Entered: 12/16/1999 Remark
UNSEALED PURSUANT TO 7/7/00 ORDER. Reply memorandum in support of motion of Peabody Holding Company, Inc., to hold Plaintiff in contempt and for sanctions. (JT) Modified on 09/14/2000
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Sealed Legal Document 273 Filed: 12/13/1999, Entered: 12/16/1999 Remark
FILED UNDER SEAL - Response by Peabody Holding Company, Inc., to Plaintiff's motion for determination of status of documents. (JT) Modified on 09/14/2000
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Blank 272 Filed: 12/13/1999, Entered: 12/16/1999 Remark
Public Version - Response by Peabody Holding Company, Inc. to Plaintiff's motion for determination of status of documents. (JT)
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Blank 271 Filed: 12/13/1999, Entered: 12/16/1999 ~Notice (other)
NOTICE of Filing of Redacted and Sealed Materials by PEABODY HOLDING CO. Service: 12/13/99 (JT)
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Blank 270 Filed: 12/13/1999, Entered: 12/15/1999 Remark
Public Version - Reply Memorandum in Support of Motion of Peabody Holding Company, Inc., Peabody Coal Company, and Peabody Western Coal Company to Hold Plaintiff in Contempt and for Sanctions. (JT)
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Blank 269 Filed: 12/8/1999, Entered: 12/9/1999 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [257-1] motion for determination of status of documents under CAPO. Service: 12/8/99 (JT)
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Blank 268 Filed: 12/6/1999, Entered: 12/8/1999 OrderCourt Filing
ORDER granting Peabody's 11/24/99 motion to change attorney of record. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 267 Filed: 12/2/1999, Entered: 12/7/1999 Terminated: Court Filing
RESPONSE by THE NAVAJO NATION (Service: 11/29/99 ) to [260-1] motion to substitute attorney. Filed by leave of the Judge. UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 266 Filed: 12/2/1999, Entered: 12/7/1999 OrderCourt Filing
ORDER denying Plaintiff's request to supplement its pleadings with proposed findings of fact. Set Notice of Compliance deadline to 12/13/99 for the parties filings re: portions of the briefs to be made available to the public. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank -- Filed: 12/1/1999, Entered: 12/2/1999 Oral Argument
Oral Argument re: [168-1] motion for Summary Judgment by THE NAVAJO NATION ( Transcript due 1/3/00 ), [180-1] cross motion by USA ( Transcript due 1/3/00 ) (DS)
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Blank 265 Filed: 11/30/1999, Entered: 12/4/1999 Terminated:
RESPONSE by PEABODY HOLDING CO. (Service: 11/30/99 ) to [252-1] motion for Leave to File surreply to Peabody's reply memorandum on contempt issue. (motion for leave included) (JT)
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Blank 265 Filed: 11/30/1999, Entered: 12/4/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 11/30/99 (by hand) ) for Leave to File a response to Plaintiff's surreply. (response included). Response due: 12/14/99 (response to motion included) (JT)
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Blank 264 Filed: 11/30/1999, Entered: 12/3/1999 Terminated:
RESPONSE by PEABODY HOLDING CO. (Service: 11/24/99 ) to [257-1] motion for determination of status of documents under CAPO. Reply due: 12/9/99 UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 263 Filed: 11/30/1999, Entered: 12/3/1999 OrderCourt Filing
ORDER granting [261-1] motion For leave to exceed the page limitation, granting [261-2] motion for Leave to file out of time request to exceed the page limit. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 262 Filed: 11/29/1999, Entered: 12/2/1999 Terminated: Court Filing
RESPONSE by THE NAVAJO NATION (Service: 11/23/99 ) to [258-1] motion to Extend Time to respond to Plaintiff's motion for determination of status documents. Filed by leave of the Judge. (JT)
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Blank 261 Filed: 11/24/1999, Entered: 12/1/1999, Terminated: 11/30/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 11/24/99) For leave to exceed the page limitation and for Leave to file out of time request to exceed the page limit . Response due: 12/13/99. (FE)
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Blank 260 Filed: 11/24/1999, Entered: 12/1/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 11/24/99) to substitute attorney (consented) Terminated attorney Jeffrey B. Smith for PEABODY HOLDING CO. Added Peter Buscemi . (FE)
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Blank 259 Filed: 11/19/1999, Entered: 11/24/1999 OrderCourt Filing
ORDER granting [258-1] motion to Extend Time to respond to Plaintiff's motion for determination of status documents. Response to [257-1] motion for determination of status of documents under CAPO reset to 11/24/99. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 258 Filed: 11/19/1999, Entered: 11/24/1999, Terminated: 11/19/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 11/17/99 ) to Extend Time to respond to Plaintiff's motion for determination of status documents. Response due: 12/6/99 (JT)
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Sealed Legal Document 257 Filed: 11/18/1999, Entered: 11/22/1999 Terminated:
MOTION by THE NAVAJO NATION (Service : 11/5/99 ) for determination of status of documents under CAPO. Response due: 11/22/99 Exhibit 48 (Sullivan Memorandum) FILED UNDER SEAL (JT) Modified on 09/14/2000
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Blank 256 Filed: 11/18/1999, Entered: 11/22/1999 OrderCourt Filing
ORDER granting [250-1] motion For leave to exceed the page limitation, granting [250-2] motion for Leave to File out of time. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 255 Filed: 11/18/1999, Entered: 11/22/1999 Memorandum
SURREPLY by THE NAVAJO NATION re: Peabody's reply memorandum on contempt issue. UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 254 Filed: 11/18/1999, Entered: 11/22/1999 OrderCourt Filing
ORDER granting [252-1] motion for Leave to File surreply to Peabody's reply memorandum on contempt issue. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank -- Filed: 11/18/1999, Entered: 11/19/1999 Set/Reset Hearings
Oral Argument re: [168-1] motion for Summary Judgment by THE NAVAJO NATION, [180-1] cross motion by USA set at 10:00 a.m. on 12/1/99 (DS)
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Blank 253 Filed: 11/17/1999, Entered: 11/21/1999 OrderCourt Filing
ORDER oral argument set for 10:00 a.m., 12/1/99 for [168-1] motion for Summary Judgment and [180-1] cross motion. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 252 Filed: 11/17/1999, Entered: 11/19/1999, Terminated: 11/18/1999 Terminated:
MOTION by THE NAVAJO NATION (Service : 11/15/99 ) for Leave to File surreply to Peabody's reply memorandum on contempt issue. Response due: 12/2/99 (JT) Modified on 11/22/1999
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Blank 251 Filed: 11/12/1999, Entered: 11/16/1999 Terminated:
RESPONSE by USA to [249-1] order. Service: 11/12/99 (JT)
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Blank 250 Filed: 11/5/1999, Entered: 11/10/1999, Terminated: 11/18/1999 Terminated:
MOTION by THE NAVAJO NATION (Service : 11/5/99 ) For leave to exceed the page limitation and for Leave to File out of time. Response due: 11/22/99 (JT) Modified on 11/10/1999
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Blank 249 Filed: 11/3/1999, Entered: 11/8/1999 OrderCourt Filing
ORDER re: the parties shall notify the Court by 11/15/99 of the proposed oral argument date and counsel for the government shall notify the Court by 11/15/99 whether he wishes to make a presentation and what position the government takes on the motion. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 248 Filed: 10/21/1999, Entered: 10/26/1999 Reply to Response to Motion
REPLY by PEABODY HOLDING CO. to response to [225-1] motion for Sanctions. Service: 10/18/99 UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 247 Filed: 10/21/1999, Entered: 10/26/1999 OrderCourt Filing
ORDER granting [244-1] motion For leave to exceed the page limitation, granting [244-2] motion for Leave to File, out of time, this request to exceed the page limitation. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 246 Filed: 10/18/1999, Entered: 10/22/1999 OrderCourt Filing
ORDER filing by leave and granting [245-1] motion to Extend Time to reply to response to motion to hold Plaintiff in contempt and for sanctions. Peabody's reply to response to motion reset to 10/18/99 [225-1] motion for Sanctions. ( signed by Judge Lawrence Baskir ) Copy to parties. (JT)
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Blank 245 Filed: 10/18/1999, Entered: 10/22/1999, Terminated: 10/18/1999 Terminated: Court Filing
MOTION by PEABODY HOLDING CO. (Service : 10/12/99 ) to Extend Time to reply to response to motion to hold Plaintiff in contempt and for sanctions [until October 18, 1999]. Filed by leave of the Judge. (JT)
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Blank 244 Filed: 10/18/1999, Entered: 10/21/1999, Terminated: 10/21/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 10/18/99 ) For leave to exceed the page limitation and for Leave to File, out of time, this request to exceed the page limitation. Response due: 11/4/99 (JT)
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Blank 243 Filed: 10/4/1999, Entered: 10/7/1999 OrderCourt Filing
ORDER granting [242-1] motion to Extend Time to file reply memorandum in support of motion to hold plaintiff in contempt and for sanctions. Peabody's reply to response to motion reset to 10/13/99 for [225-1] motion for sanctions. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 242 Filed: 9/30/1999, Entered: 10/1/1999, Terminated: 10/4/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service: 9/30/99) to Extend Time to file reply memorandum in support of motion to hold plaintiff in contempt and for sanctions , (until October 13, 1999). (FE)
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Blank 241 Filed: 9/22/1999, Entered: 9/28/1999 ~Notice (other)Court Filing
NOTICE of Supplemental Authority by THE NAVAJO NATION. Filed by leave of the Judge. Service: 9/16/99 (JT)
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Blank 240 Filed: 9/17/1999, Entered: 9/23/1999 OrderCourt Filing
ORDER granting [239-1] motion to Extend Time to reply in support of their motion for contempt and sanctions. Peabody Holding Co.'s reply to response to motion reset to 10/5/99 for [225-1] motion for Sanctions. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 239 Filed: 9/15/1999, Entered: 9/18/1999, Terminated: 9/17/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 9/15/99 (by hand)) to Extend Time to reply in support of their motion for contempt and sanctions [until October 5, 1999]. Response due: 9/29/99 (JT)
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Blank 238 Filed: 9/9/1999, Entered: 9/9/1999, Terminated: 2/4/2000 Response to MotionCourt Filing
RESPONSE by THE NAVAJO NATION (Service: 9/7/99 ) to [225-1] motion for sanctions. Filed by leave of the Judge. Reply due: 9/20/99 UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 237 Filed: 9/7/1999, Entered: 9/8/1999 OrderCourt Filing
ORDER granting [234-1] motion to Extend Time to respond to Peabody's motion for entry of an order for contempt and sanctions. Plaintiff's response to [225-1] motion for sanctions reset to 9/8/99. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 236 Filed: 9/7/1999, Entered: 9/8/1999 OrderCourt Filing
ORDER granting [235-1] motion For leave to exceed the page limitation. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 235 Filed: 9/7/1999, Entered: 9/8/1999, Terminated: 9/7/1999 Terminated: Court Filing
MOTION by THE NAVAJO NATION (Service : 9/2/99 ) For leave to exceed the page limitation. Filed by leave of the Judge. (JT)
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Blank 234 Filed: 8/26/1999, Entered: 8/27/1999, Terminated: 9/7/1999 Terminated:
Second MOTION by THE NAVAJO NATION (Service : 8/26/99 ) to Extend Time to respond to Peabody's motion for entry of an order for contempt and sanctions [until September 8, 1999]. Response due: 9/13/99 (JT)
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Blank 233 Filed: 8/25/1999, Entered: 8/25/1999 Court Filing
NOTICE of "Lodging Treatise Excerpt" by THE NAVAJO NATION, by leave of the Judge. Service: 8/9/99. (FE)
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Blank 232 Filed: 8/13/1999, Entered: 8/13/1999, Terminated: 2/4/2000 Motion for Extension of Time
MOTION by THE NAVAJO NATION (Service : 8/13/99 ) to Extend Time to respond to Peabody Holding Company, Inc.'s motion for entry of an order of contempt and sanctions [until August 31, 1999]. Response due: 8/30/99 (JT) Modified on 08/13/1999
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Blank 230 Filed: 8/10/1999, Entered: 8/11/1999 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 8/9/99 ) to [227-1] motion for Leave to File response to Navajo Nation's summary of facts relating to contract claim. Reply due: 8/23/99 (JT)
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Blank 229 Filed: 8/6/1999, Entered: 8/10/1999 OrderCourt Filing
ORDER granting [228-1] motion for Leave to Permit counsel for Plaintiff to enter an appearance and to represent their interests, denying [226-2] motion for suspension of briefing on Peabody's contempt motion pending adoption of scheduling order. Response to [225-1] motion for sanctions reset to 8/20/99. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 231 Filed: 8/5/1999, Entered: 8/13/1999 Transcript
TRANSCRIPT of proceedings re: Evidentiary Hearing, 1 volume, at Washington, D.C., for date of July 27, 1999. Notice to parties. (FE)
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Blank -- Filed: 7/27/1999, Entered: 7/28/1999 Evidentiary Hearing
Oral Argument held ( Transcript due 8/26/99 ) (DS)
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Blank 228 Filed: 7/26/1999, Entered: 7/27/1999, Terminated: 8/6/1999 Terminated:
MOTION by THE NAVAJO NATION (Service : 7/26/99 ) for Leave to Permit counsel for Plaintiff to enter an appearance and to represent their interests. Response due: 8/12/99 (JT)
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Blank 227 Filed: 7/26/1999, Entered: 7/27/1999 Terminated:
MOTION by USA (Service : 7/26/99 ) for Leave to File response to Navajo Nation's summary of facts relating to contract claim. Response due: 8/9/99 (JT)
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Blank 226 Filed: 7/26/1999, Entered: 7/27/1999 Terminated:
MOTION by THE NAVAJO NATION (Service : 7/26/99 ) for scheduling order and for suspension of briefing on Peabody's contempt motion pending adoption of scheduling order. Response due: 8/12/99 UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 225 Filed: 7/16/1999, Entered: 7/19/1999 Terminated:
MOTION by PEABODY HOLDING CO. (Service by hand: 7/16/99) to hold plaintiff in contempt and for Sanctions . Response due: 7/30/99. (FE)
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Blank 224 Filed: 7/14/1999, Entered: 7/15/1999 OrderCourt Filing
ORDER set oral argument for 10:00 a.m., 7/27/99. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 223 Filed: 7/13/1999, Entered: 7/14/1999 Memorandum
SUMMARY OF FACTS by THE NAVAJO NATION. Service: 7/12/99 (Exhibit A UNSEALED pursuant to 7/7/00 order) (JT) Modified on 09/14/2000
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Blank 222 Filed: 7/7/1999, Entered: 7/8/1999 OrderCourt Filing
ORDER granting [221-1] motion for Leave to File summary of facts relating to contract claim on or before 7/13/99 ( signed by Judge Lawrence M. Baskir). Copy to parties. (FE)
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Blank 221 Filed: 7/2/1999, Entered: 7/6/1999, Terminated: 7/7/1999 Terminated:
MOTION by THE NAVAJO NATION (Service : 7/1/99 ) for Leave to File summary of facts relating to contract claim on or before 7/13/99. Response due: 7/19/99 (JT) Modified on 07/06/1999
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Blank 220 Filed: 7/2/1999, Entered: 7/6/1999 Notice of Related Cases
NOTICE by THE NAVAJO NATION of related case(s). (Amended Complaint in Navajo Nation v. Peabody Holding Company, et al., CA-99-0469). (JT)
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Blank 219 Filed: 7/2/1999, Entered: 7/6/1999 Statement of Facts
CONSOLIDATED STATEMENT OF PROPOSED UNCONTROVERTED FACTS filed by USA, THE NAVAJO NATION. (JT)
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Blank 218 Filed: 6/23/1999, Entered: 6/25/1999 MemorandumCourt Filing
MEMORANDUM by THE NAVAJO NATION re: the Court's inquiry regarding origin of provision in lease amendments calling for vacation of area director's decision. Filed by leave of the Judge. Service: 6/18/99 (JT)
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Blank 217 Filed: 6/16/1999, Entered: 6/21/1999 Memorandum
REPLY by USA to Plaintiff's memorandum in opposition to Defendant's request for summary judgment on Plaintiff's second claim for relief. Service: 6/16/99 (JT)
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Blank 216 Filed: 6/16/1999, Entered: 6/21/1999 OrderCourt Filing
ORDER granting [215-1] motion to Extend Time until 6/16/99 to file reply brief to the memorandum in opposition to defendant's request for summary judgment on plaintiff's second claim for relief, granting [215-2] motion to Extend Time for plaintiff and defendant to file any additional facts on plaintiff's second claim. Set Notice of Compliance deadline to 7/2/99 for Plaintiff and Defendant to file any additional facts on Plaintiff's second claim in the form of a consolidated statement of proposed uncontroverted facts. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 215 Filed: 6/11/1999, Entered: 6/16/1999, Terminated: 6/16/1999 Terminated:
MOTION by USA (Service: 6/10/99) to Extend Time to file reply brief to the memorandum in opposition to defendant's request for summary judgment on plaintiff's second claim for relief , (until June 16, 1999) and to Extend Time for plaintiff and defendant to file any additional facts on plaintiff's second claim , (until July 2, 1999). (FE)
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Blank 213 Filed: 6/4/1999, Entered: 6/4/1999
TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of May 4, 1999. Notice to parties. (FE)
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Blank 214 Filed: 6/2/1999, Entered: 6/7/1999 OrderCourt Filing
ORDER granting [211-1] motion to Extend Time to file Reply Brief. Set Defendant's reply to Plaintiff's opposition to Defendant's request for summary judgment deadline to 6/11/99. Set cross-motion and consolidated statement of proposed uncontroverted facts filing deadline to 6/25/99. ( signed by Judge Lawrence M. Baskir Copy to parties. (JT)
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Blank 211 Filed: 5/28/1999, Entered: 6/3/1999, Terminated: 6/2/1999 Terminated:
MOTION by USA (Service: 5/27/99) to Extend Time to file Reply Brief until 6/11/99. Response due: 6/14/99. (FE)
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Blank 212 Filed: 5/26/1999, Entered: 6/3/1999 ~Notice (other)Court Filing
NOTICE of "Memorandum in opposition to defendant's request for summary judgment on plaintiff's second claim for relief" by THE NAVAJO NATION, filed by leave of the Judge. Service: 5/22/99. (HW)
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Blank -- Filed: 5/4/1999, Entered: 5/5/1999 Oral Argument
Oral Argument re: [168-1] motion for Summary Judgment by THE NAVAJO NATION ( Transcript due 6/3/99 ), [180-1] cross motion by USA ( Transcript due 6/3/99 ) (DS)
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Blank 210 Filed: 4/30/1999, Entered: 5/4/1999 Memorandum
Supplemental authorities by THE NAVAJO NATION re: cross-motions for summary judgment filed [by leave of the judge]. Service: 4/27/99 (DS)
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Blank 209 Filed: 4/30/1999, Entered: 5/3/1999 OrderCourt Filing
ORDER oral argument rescheduled for 1:30 p.m. on 5/4/99 for [168-1] motion for Summary Judgment, [180-1] cross motion . ( signed by Judge Lawrence M. Baskir ) Copy to parties. (DS)
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Blank -- Filed: 3/31/1999, Entered: 4/1/1999 Set/Reset Hearings
Oral Argument re: [180-1] cross motion by USA rescheduled for 2:00 p.m., 5/4/99, [168-1] motion for Summary Judgment by THE NAVAJO NATION rescheduled for 2:00 p.m., 5/4/99 (HW)
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Blank 208 Filed: 3/24/1999, Entered: 3/26/1999 OrderCourt Filing
ORDER re: the parties shall notify the court by 4/9/99 of the proposed oral argument dates. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 207 Filed: 1/29/1999, Entered: 2/2/1999 OrderCourt Filing
ORDER cancelling the oral argument scheduled for 2:00 p.m., 2/10/99. The court will notify the parties to reschedule the oral argument. ( signed by Judge Lawrence M. Baskir ) Copy to parties. (JT)
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Blank 206 Filed: 1/27/1999, Entered: 1/28/1999 Case Assigned/ReassignedCourt Filing
Notice of reassignment to Judge Lawrence M. Baskir . Copy to parties. (CDC)
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Blank 205 Filed: 1/4/1999, Entered: 1/7/1999 OrderCourt Filing
ORDER oral argument rescheduled for 2:00 p.m. on 2/10/99 for [168-1] motion for Summary Judgment, [180-1] cross motion ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
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Blank 204 Filed: 12/1/1998, Entered: 1/7/1999 OrderCourt Filing
ORDER granting [203-1] motion for Oral Argument on the pending cross-motions for partial summary judgment on liability issues oral argument set for 2:00 p.m. on 1/20/99 for [168-1] motion for Summary Judgment, [180-1] cross motion ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
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Blank 203 Filed: 11/4/1998, Entered: 11/6/1998, Terminated: 12/1/1998 Terminated:
MOTION by THE NAVAJO NATION (Service : 11/3/98 ) for Oral Argument on the pending cross-motions for partial summary judgment on liability issues . Response due: 11/20/98. (FE)
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Blank 202 Filed: 9/17/1998, Entered: 9/21/1998 ~Notice (other)Court Filing
Supplemental Authorities by THE NAVAJO NATION. Filed by leave of the Judge. Service: 9/14/98 (JT)
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Blank 201 Filed: 8/4/1998, Entered: 8/7/1998 MemorandumCourt Filing
CLARIFICATION of Certain Proposed Findings of Fact in Response to Plaintiff's Statement of Genuine Issues by USA. Filed by leave of the Judge. Service: 8/3/98 (JT) Modified on 08/07/1998
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Blank 200 Filed: 8/4/1998, Entered: 8/7/1998 Statement of Genuine IssuesCourt Filing
STATEMENT OF GENUINE ISSUES in response to Plaintiff's additional proposed findings of uncontroverted fact by USA. Filed by leave of the Judge. Service: 8/3/98 (JT) Modified on 08/07/1998
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Blank 199 Filed: 8/3/1998, Entered: 8/5/1998 Reply to Response to Motion
REPLY by USA to response to [180-1] cross motion. Service: 8/3/98 (JT)
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Blank 198 Filed: 7/27/1998, Entered: 7/30/1998 OrderCourt Filing
ORDER granting [197-1] motion to Extend Time within which to reply to response to cross-motion for summary judgment . Reply to Response to Motion reset to 8/3/98 for [180-1] cross motion ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 197 Filed: 7/21/1998, Entered: 7/24/1998, Terminated: 7/27/1998 Terminated:
MOTION by USA (Service : 7/21/98 ) to Extend Time within which to reply to response to cross-motion for summary judgment , (until August 3, 1998). (HW)
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Blank 196 Filed: 7/16/1998, Entered: 7/22/1998 OrderCourt Filing
ORDER granting [195-1] motion to Extend Time to reply to Plaintiff's response to cross-motion for summary judgment. Defendant's reply to response to motion reset to 7/24/98 for [180-1] cross motion. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 195 Filed: 7/15/1998, Entered: 7/21/1998, Terminated: 7/16/1998 Terminated:
MOTION by USA (Service : 7/15/98 ) to Extend Time to reply to Plaintiff's response to cross-motion for summary judgment [to July 24, 1998]. Response due: 8/3/98 (JT)
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Blank 194 Filed: 7/6/1998, Entered: 7/10/1998 OrderCourt Filing
ORDER granting [193-1] motion for leave to exceed the 20 page limitation for reply to Plaintiff's response to cross-motion for summary judgment. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 193 Filed: 7/2/1998, Entered: 7/8/1998, Terminated: 7/6/1998 Terminated:
MOTION by USA (Service : 7/2/98 ) for leave to exceed the 20 page limitation for reply to Plaintiff's response to cross-motion for summary judgment. Response due: 7/13/98 (JT)
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Blank 192 Filed: 6/17/1998, Entered: 6/18/1998 Terminated:
CORRECTED RESPONSE by THE NAVAJO NATION (Service: 6/16/98 ) to [180-1] cross motion. (AB)
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Blank 191 Filed: 6/15/1998, Entered: 6/17/1998 OrderCourt Filing
ORDER granting [190-1] motion for Leave to File a Corrected Response and Reply Brief. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 190 Filed: 6/8/1998, Entered: 6/8/1998, Terminated: 6/15/1998 Motion for Leave to File
MOTION by THE NAVAJO NATION (Service : 6/5/98 ) for Leave to File a Corrected Response and Reply Brief. (Errata attached as Exhibit A) Response due: 6/22/98 (JT) Modified on 06/08/1998
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Blank 189 Filed: 6/1/1998, Entered: 6/2/1998 Proposed Findings of Uncontroverted Fact
PROPOSED FINDINGS of Uncontroverted Fact by THE NAVAJO NATION. Service: 5/28/98 (JT)
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Blank 188 Filed: 6/1/1998, Entered: 6/2/1998 Statement of Genuine Issues
STATEMENT OF GENUINE ISSUES by THE NAVAJO NATION. Service: 5/28/98 (JT)
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Blank 187 Filed: 6/1/1998, Entered: 6/2/1998 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 5/29/98 ) to [180-1] cross motion. 1 Separate Volume of Appendix (Volume IV). Reply due: 7/17/98 2 DEPOSITION TRANSCRIPT EXCERPTS UNSEALED pursuant to 7/7/00 order. (JT) Modified on 09/14/2000
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Blank 186 Filed: 5/28/1998, Entered: 6/1/1998 OrderCourt Filing
ORDER granting [185-1] motion for leave to exceed the page limitation for response to cross-motion for summary judgment and reply in support of motion for summary judgment. (signed by Judge Bohdan A. Futey) Copy to parties. (FE)
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Blank 185 Filed: 5/27/1998, Entered: 6/1/1998, Terminated: 5/28/1998 Terminated: Court Filing
MOTION by THE NAVAJO NATION (Service : 5/26/98 ) for leave to exceed the page limitation for response to cross-motion for summary judgment and reply in support of motion for summary judgment. Filed by leave of the Judge. Response due: 4/9/96 (JT) Modified on 06/01/1998
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Blank 184 Filed: 4/9/1998, Entered: 4/10/1998 OrderCourt Filing
ORDER granting [183-1] motion to Extend Time to reply to the Defendant's response to motion for summary judgment and to respond to Defendant's cross-motion. Plaintiff's response to [180-1] cross motion reset to 6/1/98 and Defendant's reply to Plaintiff's response to Motion reset to 7/17/98 for [180-1] cross motion. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 183 Filed: 4/8/1998, Entered: 4/9/1998, Terminated: 4/9/1998 Terminated:
MOTION by THE NAVAJO NATION (Service : 4/7/98 ) to Extend Time to reply to the Defendant's response to motion for summary judgment and to respond to Defendant's cross-motion [to June 1, 1998]. Response due: 4/24/98 (JT) Modified on 04/09/1998
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Blank 182 Filed: 3/24/1998, Entered: 3/25/1998 Statement of Genuine IssuesCourt Filing
STATEMENT OF GENUINE ISSUES by USA. Filed by leave of the Judge. Service: 3/17/98 (JT)
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Blank 181 Filed: 3/24/1998, Entered: 3/25/1998 Proposed Findings of Uncontroverted FactCourt Filing
PROPOSED FINDINGS of Uncontroverted Fact by USA. Filed by leave of the Judge. Service: 3/17/98 (JT)
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Blank 180 Filed: 3/24/1998, Entered: 3/25/1998 Terminated: Court Filing
CROSS MOTION by USA ( Service: 3/17/98 ) and RESPONSE to [168-1] motion for Summary Judgment by THE NAVAJO NATION. Separate Volume of Appendix and Confidential excerpts from the deposition of Gregory J. Leisse (Exhibit 55)-UNSEALED pursuant to 7/7/00 order. Filed by leave of the Judge. Response due: 4/17/98 (JT) Modified on 09/14/2000
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Blank -- Filed: 3/24/1998, Entered: 3/25/1998 Set/Reset Deadlines:
Deadline updated; Response to [180-1] cross motion reset to 4/17/98. (JT)
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Blank 179 Filed: 3/2/1998, Entered: 3/3/1998 OrderCourt Filing
ORDER granting [178-1] motion to Extend Time to file cross-motion for summary judgment. Reset Cross Motions deadline to 3/17/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 178 Filed: 2/25/1998, Entered: 2/26/1998, Terminated: 3/2/1998 Terminated:
MOTION by USA (Service : 2/25/98 ) to Extend Time to file cross-motion for summary judgment. (to March 17, 1998) (DS)
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Blank 177 Filed: 2/9/1998, Entered: 2/10/1998 OrderCourt Filing
ORDER granting [175-1] motion to Extend Time to file cross-motion for summary judgment. Reset Cross Motions deadline to 3/3/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 176 Filed: 2/9/1998, Entered: 2/10/1998 OrderCourt Filing
ORDER granting [174-1] motion For leave to exceed the page limitation. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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Blank 175 Filed: 2/6/1998, Entered: 2/9/1998, Terminated: 2/9/1998 Terminated:
MOTION by USA (Service : 2/6/98 ) to Extend Time to file cross-motion for summary judgment. (to March 3, 1998) (DS)
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Blank 174 Filed: 2/6/1998, Entered: 2/9/1998, Terminated: 2/9/1998 Terminated:
MOTION by USA (Service : 2/6/98 ) For leave to exceed the page limitation by 10 pages for cross-motion for summary judgment. (DS)
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Blank 173 Filed: 12/22/1997, Entered: 1/9/1998 OrderCourt Filing
ORDER granting [171-1] motion For leave to exceed the page limitation in its summary judgment brief. ( signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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Blank 169 Filed: 12/15/1997, Entered: 12/23/1997 Proposed Findings of Uncontroverted Fact
PROPOSED FINDINGS of Uncontroverted Fact by THE NAVAJO NATION Service: 12/15/97 (CDC)
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Sealed Legal Document 168 Filed: 12/15/1997, Entered: 12/23/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 12/15/97 ) for Summary Judgment on the issue of liability on its first claim for relief, together with three separate volumes of appendix (Sealed portion of appendix UNSEALED pursuant to 7/7/00 order). Response due: 1/15/98 (CDC) Modified on 09/14/2000
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Blank 172 Filed: 12/12/1997, Entered: 1/6/1998 OrderCourt Filing
ORDER granting [170-1] motion for Leave to File, out of time, motion to exceed page limit ( signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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Blank 171 Filed: 12/11/1997, Entered: 1/5/1998, Terminated: 12/22/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 12/11/97 ) For leave to exceed the page limitation in its summary judgment brief. (CDC)
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Blank 170 Filed: 12/11/1997, Entered: 12/31/1997, Terminated: 12/12/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 12/11/97 ) for Leave to File, out of time, motion to exceed page limit (DS)
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Blank 167 Filed: 10/30/1997, Entered: 11/5/1997 ~Notice (other)Court Filing
Clarification of notice of lodging by THE NAVAJO NATION Service: 10/28/97 Filed by leave of the Judge. (CDC)
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Blank 166 Filed: 10/27/1997, Entered: 11/4/1997 ~Notice (other)
NOTICE of lodging copies of documents with the judge for in camera review filed by SALT RIVER PROJECT. Service: 10/22/97 (DS)
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Blank 165 Filed: 10/24/1997, Entered: 10/31/1997 OrderCourt Filing
ORDER directing plaintiff to file its motion for summary judgment by 12/15/97 , defendant to file its Cross Motion by 2/16/98 , plaintiff to respond by 4/16/98 , and defendant to reply by 5/18/98 . ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
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Blank 164 Filed: 10/17/1997, Entered: 10/27/1997 Status Report
JOINT STATUS REPORT by USA and THE NAVAJO NATION re: scheduling further proceedings. (AB)
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Blank 163 Filed: 10/17/1997, Entered: 10/27/1997 Status Report
JOINT STATUS REPORT by THE NAVAJO NATION, PEABODY HOLDING CO. and USA. Service: (AB)
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Blank 162 Filed: 10/1/1997, Entered: 10/8/1997 ~Notice (other)
NOTICE of supplemental authorities by THE NAVAJO NATION Service: 9/22/97 (DS)
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Blank 161 Filed: 10/1/1997, Entered: 10/8/1997 OrderCourt Filing
ORDER granting [157-1] joint motion for IN CAMERA review of certain documents of the Salt River Project Agricultural Improvement and Power District, granting [160-1] motion for Leave to File supplemental authoritiesi, with defendant and Peabody allowed to respond if necessary; and directing parties and non-party Peabody to file a Status Report, and parties to file a joint schedule of further proceedings by 10/17/97 . ( signed by Judge Bohdan A. Futey ) Copy to parties and non-parties. (DS) Modified on 10/08/1997
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Blank -- Filed: 10/1/1997, Entered: 10/8/1997 Set/Reset Deadlines:
Deadline updated; Defendant and non-party Peabody allowed to respond to Notice of Supplemental Authorities (DS)
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Blank 160 Filed: 9/22/1997, Entered: 9/25/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 9/22/97 ) for Leave to File supplemental authorities . Response due: 10/9/97 (DS)
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Blank 159 Filed: 9/15/1997, Entered: 9/19/1997 OrderCourt Filing
ORDER granting [158-1] motion to Extend Time for the close of discovery until October 1, 1997. reset Discovery deadline to 10/1/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
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Blank 158 Filed: 9/10/1997, Entered: 9/12/1997, Terminated: 9/15/1997 Terminated:
MOTION by USA (Service : 9/10/97 ) to Extend Time for the close of discovery until October 1, 1997. Response due: 9/29/97 (CDC)
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Blank 157 Filed: 9/4/1997, Entered: 10/8/1997, Terminated: 10/1/1997 Terminated:
JOINT MOTION by THE NAVAJO NATION, SALT RIVER PROJECT for IN CAMERA review of certain documents of the Salt River Project Agricultural Improvement and Power District . Service: 9/4/97 (DS)
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Blank 156 Filed: 9/3/1997, Entered: 9/8/1997 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [145-1] motion for determination of status of Peabody documents under CAPO. UNSEALED pursuant to 7/7/00 order. Service: 9/2/97 (HW) Modified on 09/14/2000
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Blank 155 Filed: 9/3/1997, Entered: 9/8/1997 OrderCourt Filing
ORDER granting [154-1] motion For leave to exceed the page limitation ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 154 Filed: 9/2/1997, Entered: 9/8/1997, Terminated: 9/3/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 8/27/97 ) For leave to exceed the page limitation for its reply re: motion for determination of status, etc. filed [by leave of the judge]. (DS)
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Blank 153 Filed: 8/21/1997, Entered: 8/25/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 8/21/97 ) to Extend Time (to September 2, 1997) to reply to defendant's and Peabody's responses to motion for determination of status of Peabody documents under CAPO and for sanctions . (DS)
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Blank 152 Filed: 8/12/1997, Entered: 8/19/1997 Terminated: Court Filing
RESPONSE by PEABODY HOLDING CO. (Service: 8/11/97 ) to [145-1] motion for determination of status of Peabody documents under CAPO [by leave of the Judge]. Reply due: 8/25/97. (HW) Modified on 09/14/2000
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Blank 151 Filed: 8/11/1997, Entered: 8/15/1997 OrderCourt Filing
ORDER granting [148-1] motion to Extend Time to August 12, 1997, to respond to plaintiff's motion for determination of status of Peabody documents under CAPO and for sanctions. Response to [145-2] motion for Sanctions reset to 8/12/97, [135-1] joint motion to Expedite decision requiring the production of documents concerning Peabody's contacts with interior officials in July, 1985 reset to 8/12/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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Blank 150 Filed: 8/11/1997, Entered: 8/15/1997 OrderCourt Filing
ORDER granting [147-1] motion to Extend Time to respond to plaintiff's motion for determination of status of Peabody documents under CAPO and for sanctions Response to [145-2] motion for Sanctions reset to 8/12/97, [135-1] joint motion to Expedite decision requiring the production of documents concerning Peabody's contacts with interior officials in July, 1985 reset to 8/12/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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Blank 149 Filed: 8/11/1997, Entered: 8/14/1997 Terminated:
RESPONSE by USA (Service: 8/11/97 ) to [145-1] motion for determination of status of Peabody documents under CAPO Reply due: 8/25/97 (CDC)
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Blank 148 Filed: 8/4/1997, Entered: 8/12/1997, Terminated: 8/11/1997 Terminated:
MOTION by USA (Service : 8/4/97 ) to Extend Time to August 12, 1997, to respond to plaintiff's motion for determination of status of Peabody documents under CAPO and for sanctions. Response due: 8/21/97 (CDC) Modified on 08/12/1997
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Blank 147 Filed: 7/31/1997, Entered: 8/8/1997, Terminated: 8/11/1997 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 7/23/97 ) to Extend Time to respond to plaintiff's motion for determination of status of Peabody documents under CAPO and for sanctions Response due: 8/11/97 (CDC)
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Blank 146 Filed: 7/24/1997, Entered: 8/4/1997 OrderCourt Filing
ORDER that Discovery by 9/15/97 , and Telephone Conference for 2:30pm, 9/29/97 to schedule cross-motions for summary judgment, etc. ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 145 Filed: 7/22/1997, Entered: 7/23/1997 Status Report
STATUS REPORT by USA, THE NAVAJO NATION Service: 7/22/97 (CDC)
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Blank 145 Filed: 7/18/1997, Entered: 7/30/1997 Terminated:
MOTION by THE NAVAJO NATION (Service : 7/18/97 ) for determination of status of Peabody documents under CAPO , and for Sanctions . UNSEALED pursuant to 7/7/00 order. Response due: 8/4/97. (HW) Modified on 09/14/2000
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Blank 144 Filed: 5/21/1997, Entered: 6/4/1997 Status Report/OrderCourt Filing
STATUS REPORT ORDER. Joint Status report due on 7/22/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 143 Filed: 5/14/1997, Entered: 5/22/1997 Status Report
STATUS REPORT by USA, THE NAVAJO NATION Service: 5/14/97 (CDC)
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Blank 142 Filed: 5/5/1997, Entered: 5/12/1997 OrderCourt Filing
ORDER set Status Report deadline regarding discovery to 5/19/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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Blank 141 Filed: 2/3/1997, Entered: 2/7/1997 Terminated:
Additional Documentation [withdrawal of joint motion for expedited decision requiring the production of documents concerning Peabody's contracts with Interior officials in July, 1985] by USA. Service: 2/3/97 (FE)
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Blank 140 Filed: 1/30/1997, Entered: 2/3/1997 OrderCourt Filing
ORDER granting [139-1] motion to Extend Time to respond to joint motion for expedited decision Response to [135-1] joint motion to Expedite decision requiring the production of documents concerning Peabody's contacts with interior officials in July, 1985 reset to 2/4/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (FE)
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Blank 139 Filed: 1/27/1997, Entered: 1/30/1997, Terminated: 1/30/1997 Terminated:
MOTION by PEABODY HOLDING CO. (Service : 1/24/97) to Extend Time to respond to joint motion for expedited decision (to February 4, 1997). Response due: 2/10/97 (FE)
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Blank 138 Filed: 1/22/1997, Entered: 1/28/1997 Status Report
Joint STATUS REPORT by USA and THE NAVAJO NATION. Service: 1/22/97. (HW)
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Blank 137 Filed: 1/21/1997, Entered: 1/24/1997 OrderCourt Filing
ORDER granting [136-1] motion to Extend Time to file a joint status report and reset Status Report deadline to 1/22/97 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 136 Filed: 1/10/1997, Entered: 1/15/1997, Terminated: 1/21/1997 Terminated:
MOTION by USA (Service: 1/10/97) to Extend Time to file a joint status report [to January 22, 1997]. (FE)
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Blank 135 Filed: 1/10/1997, Entered: 1/15/1997 Terminated:
JOINT MOTION to Expedite decision requiring the production of documents concerning Peabody's contacts with interior officials in July, 1985 . (FE)
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Blank 134 Filed: 12/20/1996, Entered: 12/30/1996 Status Report/OrderCourt Filing
STATUS REPORT ORDER. Status report due on 1/13/97 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 133 Filed: 12/13/1996, Entered: 12/17/1996 Status Report
JOINT STATUS REPORT by USA, THE NAVAJO NATION. (FE)
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Blank 132 Filed: 12/11/1996, Entered: 12/17/1996 OrderCourt Filing
ORDER granting [131-1] motion to Extend Time within which to file a joint status report and set Status Report deadline to 12/13/96 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 131 Filed: 12/6/1996, Entered: 12/11/1996, Terminated: 12/11/1996 Terminated:
MOTION by USA (Service : 12/6/96 ) to Extend Time within which to file a joint status report , (until 12/13/96). Response due: 12/23/96 (HW) Modified on 12/17/1996
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Blank 130 Filed: 11/22/1996, Entered: 12/4/1996 Transcript
TRANSCRIPT of proceedings re:Oral Argument, 1 volume, at Washington, D.C., for date of November 6, 1996. Notice to parties. (FE)
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Blank 129 Filed: 11/15/1996, Entered: 11/19/1996 ~Notice (other)
NOTICE of updated schedule of Peabody documents identified for production at Flagstaff, etc. by THE NAVAJO NATION. Service: 11/14/96 (HW)
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Blank 128 Filed: 11/7/1996, Entered: 11/14/1996 OrderCourt Filing
ORDER directing parties to meet by 12/2/96 to resolve discovery disputes ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank -- Filed: 11/6/1996, Entered: 11/15/1996 Oral Argument
Oral Argument re: [124-1] motion for order finding Gregory J. Leisse in contempt by THE NAVAJO NATION ( Transcript due 12/6/96 ), [106-1] motion to Compel by THE NAVAJO NATION ( Transcript due 12/6/96 ) (FE)
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Blank 127 Filed: 11/4/1996, Entered: 11/8/1996 Terminated:
Notice of filing privilege documents by GREGORY J. LEISSE Service: 11/1/96 (FE) Modified on 09/14/2000
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Blank 126 Filed: 9/27/1996, Entered: 10/7/1996 Terminated:
MANDATE (certified copy) from CAFC dated September 27, 1996 dismissed [109-1] appeal by GREGORY J. LEISSE. (HW)
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Blank -- Filed: 9/26/1996, Entered: 10/2/1996 Set/Reset Hearings
Oral Argument re: [124-1] motion for order finding Gregory J. Leisse in contempt by THE NAVAJO NATION set at 10:00 11/6/96, [106-1] motion to Compel by THE NAVAJO NATION set at 10:00a.m., 11/6/96. (HW)
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Blank 125 Filed: 9/17/1996, Entered: 9/20/1996 Terminated:
RESPONSE by USA (Service: 9/17/96) to [124-1] motion for order finding Gregory J. Leisse in contempt. Reply due: 9/30/96 (FE)
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Blank 124 Filed: 9/13/1996, Entered: 9/19/1996 Terminated:
RENEWED MOTION by THE NAVAJO NATION (Service: 9/13/96) for order finding Gregory J. Leisse in contempt . Response due: 9/30/96 (FE)
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Blank 123 Filed: 8/26/1996, Entered: 8/29/1996 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [106-1] motion to Compel. Service: 8/26/96 (FE)
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Blank 122 Filed: 8/22/1996, Entered: 8/27/1996 OrderCourt Filing
ORDER granting [121-1] motion to Extend Time to reply to motion to compel discovery from non-parties and Reply to Response to Motion reset to 8/26/96 for [106-1] motion to Compel (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 121 Filed: 8/16/1996, Entered: 8/22/1996, Terminated: 8/22/1996 Terminated:
MOTION by THE NAVAJO NATION (Service : 8/15/96 ) to Extend Time to reply to motion to compel discovery from non-parties (to August 26, 1996). (FE)
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Blank 120 Filed: 8/12/1996, Entered: 8/15/1996 OrderCourt Filing
ORDER (supplemental to) re: July 1, 1996 Order. All parties and non-parties are advised that documents must be formally filed with the Clerk of the Court. RCFC 5(d). The Court will not accept documents faxed to chambers ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 119 Filed: 8/12/1996, Entered: 8/15/1996 Terminated: Court Filing
RESPONSE by THE NAVAJO NATION (Service: 8/12/96 ) to [117-1] motion for relief from subpoena duces tecum [by leave of to Judge]. Reply due: 8/26/96. (HW) Modified on 08/15/1996
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Blank 118 Filed: 8/12/1996, Entered: 8/15/1996 Terminated:
RESPONSE by USA (Service: 8/12/96 ) to [117-1] motion for relief from subpoena duces tecum. Reply due: 8/26/96. (HW)
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Blank 117 Filed: 8/9/1996, Entered: 8/15/1996 Terminated: Court Filing
MOTION by GREGORY J. LEISSE (Service : 8/9/96 ) for relief from subpoena duces tecum , [by leave of the Judge]. Response due: 8/27/96 (HW)
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Blank 115 Filed: 8/9/1996, Entered: 8/14/1996 Terminated:
RESPONSE by PEABODY HOLDING CO., CHRISTOPHER G. FARRAND (Service: 8/8/96) to [106-1] motion to Compel. Reply due: 8/23/96 (FE)
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Blank 116 Filed: 8/8/1996, Entered: 8/14/1996 OrderCourt Filing
ORDER re: plaintiff's renewed request for attorney's fees is denied ( signed by Judge Bohdan A. Futey ). Furthermore, the court advises Mr. Leisse to submit the remainder of the relevant documents -- those that are not claimed to be privileged -- to the attorneys who will conduct his deposition. Copy to parties. (HW)
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Blank 114 Filed: 8/5/1996, Entered: 8/9/1996 Reply to Response to Motion
REPLY by GREGORY J. LEISSE to response to [108-1] motion to Stay order of July 1, 1996. Service: 8/2/96 (FE)
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Blank 113 Filed: 8/2/1996, Entered: 8/7/1996 OrderCourt Filing
ORDER set Telephone Conference for 2:30 p.m. on 8/7/96 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 112 Filed: 8/1/1996, Entered: 8/7/1996 OrderCourt Filing
ORDER granting [107-1] motion to Extend Time to respond to renewed motion to compel discovery and Response to [106-1] motion to Compel reset to 8/9/96 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 111 Filed: 7/29/1996, Entered: 8/2/1996 Terminated:
RESPONSE by USA (Service: 7/29/96) to [108-1] motion to Stay order of July 1, 1996. Reply due: 8/12/96 (FE)
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Blank 110 Filed: 7/26/1996, Entered: 7/31/1996 Terminated:
RESPONSE together with Exhibits (2 volumes) by THE NAVAJO NATION (Service: 7/26/96 ) to [108-1] motion to Stay order of July 1, 1996. Reply due: 8/9/96 (FE)
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Blank -- Filed: 7/18/1996, Entered: 7/22/1996 Terminated:
CAFC Case Number Re: [109-1] appeal by GREGORY J. LEISSE. CAFC NUMBER: 96-5118. (HW)
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Blank 109 Filed: 7/12/1996, Entered: 7/17/1996 Terminated: Court Filing
NOTICE OF APPEAL by GREGORY J. LEISSE. Copy to USA, NAVAJO NATION, Judge Futey and to CAFC. FILING FEE $ 105.00; RECEIPT # 041855. (HW)
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Blank 108 Filed: 7/12/1996, Entered: 7/17/1996 Terminated:
MOTION by GREGORY J. LEISSE (Service: 7/11/96) to Stay order of July 1, 1996 . Response due: 7/29/96 (FE) Modified on 07/29/1996
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Blank 107 Filed: 7/12/1996, Entered: 7/17/1996, Terminated: 8/1/1996 Terminated:
MOTION by PEABODY HOLDING CO., CHRISTOPHER G. FARRAND (Service : 7/11/96) to Extend Time to respond to renewed motion to compel discovery [to August 9, 1996]. Response due: 7/29/96 (FE)
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Blank 106 Filed: 7/5/1996, Entered: 7/11/1996 Terminated:
MOTION by THE NAVAJO NATION (Service : 7/5/96 ) to Compel discovery from non-parties, etc. (filed together with separate three volumes of exhibits 1 through 44 ). Response due: 7/29/96 (HW)
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Blank 105 Filed: 7/1/1996, Entered: 7/8/1996 OrderCourt Filing
ORDER denying [99-1] motion for order holding Gregory J. Leisse in contempt of court and for attorney's fees set Notice of Compliance deadline to 7/15/96 (Mr Leisse is ordered to submit to plaintiff all documents responsive to 2/27/96 subpoena) ( signed by Judge Bohdan A. Futey ). Copy to parties. (FE)
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Blank 104 Filed: 6/19/1996, Entered: 6/21/1996 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to the [99-1] motion for order holding Gregory J. Leisse in contempt of court. Service: 6/19/96. (FE)
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Blank 103 Filed: 6/17/1996, Entered: 6/19/1996 Terminated:
RESPONSE by GREGORY J. LEISSE (Service: 6/13/96) to [99-1] motion for order holding Gregory J. Leisse in contempt of court. Reply due: 6/27/96 (FE)
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Blank 102 Filed: 6/14/1996, Entered: 6/18/1996 Terminated:
RESPONSE by USA (Service: 6/14/96) to [99-1] motion for order holding Gregory J. Leisse in contempt of court. Reply due: 6/28/96 (FE)
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Blank 101 Filed: 6/6/1996, Entered: 6/10/1996 OrderCourt Filing
ORDER granting [100-1] joint motion to Extend Time to complete discovery, reset Discovery deadline extension until further notice of court and cancelling conference (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 100 Filed: 6/5/1996, Entered: 6/10/1996, Terminated: 6/6/1996 Terminated:
JOINT MOTION to Extend Time to complete discovery [to June 30, 1996]. (FE)
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Blank 99 Filed: 6/3/1996, Entered: 6/5/1996, Terminated: 7/1/1996 Terminated:
MOTION by THE NAVAJO NATION (Service : 6/3/96 ) for order holding Gregory J. Leisse in contempt of court . Response due: 6/20/96 (HW)
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Blank 98 Filed: 4/29/1996, Entered: 5/1/1996 Status ReportCourt Filing
STATUS REPORT by GREGORY J. LEISSE by leave of the Judge. Service: 4/15/96 (FE)
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Blank 97 Filed: 4/23/1996, Entered: 4/29/1996 OrderCourt Filing
ORDER set Additional Documents [all documents responsive to plaintiff's subpoena duces tecum] due: 5/24/96 for GREGORY J. LEISSE and addressing further case proceedings (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 96 Filed: 4/15/1996, Entered: 4/18/1996 Status Report
STATUS REPORT by THE NAVAJO NATION. Service: 4/15/96 (FE)
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Blank 95 Filed: 4/2/1996, Entered: 4/5/1996 Status Report/OrderCourt Filing
STATUS REPORT ORDER. Status report due on 4/15/96 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 94 Filed: 3/28/1996, Entered: 4/2/1996 Reply to Response to Motion
REPLY by GREGORY J. LEISSE to response to [91-1] motion to Quash Subpoena, [91-2] motion for Protective Order, [91-3] motion for Sanctions. Service: 3/27/96 (FE)
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Blank 93 Filed: 3/25/1996, Entered: 3/28/1996 OrderCourt Filing
ORDER set Notice of Compliance [telephonic conference concerning scope of deposition] deadline to 2:30 p.m. on 4/1/96 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 92 Filed: 3/18/1996, Entered: 3/22/1996 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 3/18/96 ) to [91-1] motion to Quash Subpoena, [91-2] motion for Protective Order, [91-3] motion for Sanctions. Reply due: 4/1/96 (FE)
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Blank 91 Filed: 3/11/1996, Entered: 3/13/1996 Terminated:
MOTION by GREGORY J. LEISSE (Service : 3/8/96 ) to Quash Subpoena , for Protective Order , and for Sanctions Response due: 3/25/96 (DS)
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Blank 90 Filed: 2/29/1996, Entered: 3/7/1996 OrderCourt Filing
ORDER denying [82-1] motion to defer defendant's discovery . Discovery deadline to 6/17/96 and in lieu of the conference call now set for April 16, 1996, Telephone Conference concerning further scheduling shall be held 2:30pm, on 6/26/96 ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 89 Filed: 2/27/1996, Entered: 3/1/1996 Reply to Response to Motion
REPLY by USA to response to [82-1] motion to defer defendant's discovery. Service: 2/27/96 (FE)
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Blank 88 Filed: 2/26/1996, Entered: 3/1/1996 Terminated:
Joint Additional Documentation [confidentiality agreement and protective order]. (FE)
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Blank 87 Filed: 2/26/1996, Entered: 3/1/1996 OrderCourt Filing
ORDER granting [85-1] joint motion for approval of confidentiality agreement and granting [85-2] joint motion for Protective Order (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 86 Filed: 2/15/1996, Entered: 2/21/1996 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 2/15/96 ) to [82-1] motion to defer defendant's discovery. Reply due: 2/29/96. (HW)
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Blank 85 Filed: 2/14/1996, Entered: 2/20/1996, Terminated: 2/26/1996 Terminated:
JOINT MOTION for approval of confidentiality agreement and for Protective Order . (FE)
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Blank 84 Filed: 2/9/1996, Entered: 2/14/1996 Status Report
JOINT STATUS REPORT. (FE)
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Blank 83 Filed: 2/9/1996, Entered: 2/14/1996 OrderCourt Filing
ORDER granting [81-1] joint motion for Leave to File status report out of time (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 82 Filed: 2/8/1996, Entered: 2/13/1996, Terminated: 2/29/1996 Terminated:
MOTION by USA (Service: 2/8/96) to defer defendant's discovery . Response due: 2/26/96 (FE)
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Blank 81 Filed: 2/8/1996, Entered: 2/13/1996, Terminated: 2/9/1996 Terminated:
JOINT MOTION by USA and THE NAVAJO NATION for Leave to File status report out of time . (FE)
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Blank 80 Filed: 12/22/1995, Entered: 1/3/1996 OrderCourt Filing
ORDER mooting [36-1] motion to deem admitted certain requests for admission, set Status Report deadline to 1/31/96 , reset Discovery deadline to 4/1/96 , and set Telephonic Status Conference for 2:30 4/16/96 ( signed by Judge Bohdan A. Futey ). Copy to parties. (FE)
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Blank 79 Filed: 12/19/1995, Entered: 12/28/1995 OrderCourt Filing
ORDER granting [76-1] motion to Extend Time to file a joint status report and reset Status Report deadline to 12/19/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 78 Filed: 12/18/1995, Entered: 12/27/1995 Status Report
STATUS REPORT by USA and THE NAVAJO NATION. (FE)
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Blank 77 Filed: 12/18/1995, Entered: 12/27/1995 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [68-1] motion to Compel discovery from Salt River Project Agricultural Improvement and Power District. Service: 12/20/95. (FE)
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Blank 76 Filed: 12/15/1995, Entered: 12/19/1995, Terminated: 12/19/1995 Terminated:
MOTION by USA (Service: 12/14/95) to Extend Time to file a joint status report [to December 19, 1995]. (FE)
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Blank 75 Filed: 12/11/1995, Entered: 12/12/1995 Terminated: Court Filing
RESPONSE by SALT RIVER PROJECT (Service: 12/4/95) to [68-1] motion to Compel discovery from Salt River Project Agricultural Improvement and Power District by leave of Judge. Reply due: 12/18/95 (FE)
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Blank 74 Filed: 11/27/1995, Entered: 11/30/1995 OrderCourt Filing
ORDER the document entitled Response to Navajo Nation's Motion to compel production of documents received 11/20/95, is returned unfiled for corrections Response to [68-1] motion to Compel discovery from Salt River Project Agricultural Improvement and Power District reset to 12/4/95 and opposing counsel's time to reply to run from date of re-service ( signed by Judge Bohdan A. Futey ). Copy to parties. (FE)
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Blank 73 Filed: 11/17/1995, Entered: 11/22/1995 OrderCourt Filing
ORDER granting [72-1] motion to Extend Time within which to reply to the Salt River Agricultural Improvement and Power District's response to motion to compel Reply to Response to Motion reset to 12/4/95 for [68-1] motion to Compel discovery from Salt River Project Agricultural Improvement and Power District ( signed by Judge Bohdan A. Futey ) Copy to parties. (FE) Modified on 12/07/1995
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Blank 72 Filed: 11/16/1995, Entered: 11/22/1995, Terminated: 11/17/1995 Terminated:
MOTION by THE NAVAJO NATION (Service : 11/16/95 ) to Extend Time within which to reply the the Salt River Agricultural Improvement and Power District's response to motion to compel , (until December 4, 1995). Response due: 12/4/95. (HW)
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Blank 71 Filed: 11/3/1995, Entered: 11/9/1995 OrderCourt Filing
ORDER Continuing discovery until further order (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 70 Filed: 10/17/1995, Entered: 12/7/1995 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [58-1] motion to Compel discovery from non-parties under RCFC 45 filed [by leave of the judge]. Service: 10/13/95 (DS)
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Blank 69 Filed: 10/13/1995, Entered: 10/19/1995 Notice of Appearance
NOTICE of Attorney Appearance for USA by Rollin Anthony Rogers. Service : 10/13/95. (HW)
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Blank 68 Filed: 10/13/1995, Entered: 10/18/1995 Terminated:
MOTION by THE NAVAJO NATION (Service: 10/18/95 per corrected service received 10/19/95) to Compel discovery from Salt River Project Agricultural Improvement and Power District . Response due: 11/6/95 (FE) Modified on 10/19/1995
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Blank 67 Filed: 9/29/1995, Entered: 10/5/1995 Terminated:
RESPONSE by SO. CA. EDISON CO. (Service: 9/29/95 ) to [58-1] motion to Compel discovery from non-parties under RCFC 45 Reply due: 10/16/95 (HW)
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Blank 66 Filed: 9/13/1995, Entered: 9/18/1995 AffidavitCourt Filing
AFFIDAVIT by PEABODY HOLDING CO., CHRISTOPHER G. FARRAND in Support of Re: [63-1] motion response by PEABODY HOLDING CO. Filed by leave of the Judge. Service 9/5/95 (FE)
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Blank 65 Filed: 9/12/1995, Entered: 9/15/1995 Terminated:
MOTION by THE NAVAJO NATION (Service : 9/12/95 ) to Compel Discovery . Response due: 9/29/95 (FE)
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Blank 64 Filed: 9/8/1995, Entered: 9/12/1995 Reply to Response to Motion
REPLY by USA to response to [58-1] motion to Compel discovery from non-parties under RCFC 45. Service: 9/8/95 (FE)
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Blank 63 Filed: 8/30/1995, Entered: 8/31/1995 Terminated:
RESPONSE by PEABODY HOLDING CO. (Service: 8/24/95 ) to [58-1] motion to Compel discovery from non-parties under RCFC 45. Reply due: 9/11/95. (HW)
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Blank 62 Filed: 8/30/1995, Entered: 8/31/1995 OrderCourt Filing
ORDER granting [61-1] motion to Extend Time to respond to motion to compel discovery from non-parties and response shall be filed this date ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 60 Filed: 8/16/1995, Entered: 8/22/1995 OrderCourt Filing
ORDER to Amend [41-4] order , and reset Discovery deadline to 12/1/95 , and reset Status Report deadline to 12/15/95 , and reset Telephone Conference for 2:30 11/2/95 ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 61 Filed: 8/11/1995, Entered: 8/25/1995, Terminated: 8/30/1995 Terminated:
MOTION by PEABODY HOLDING CO., CHRISTOPHER G. FARRAND (Service: 7/27/95) to Extend Time to respond to motion to compel discovery from non-parties (to August 7, 1995). (DS)
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Blank 59 Filed: 8/11/1995, Entered: 8/16/1995 MemorandumCourt Filing
MEMORANDUM by THE NAVAJO NATION re: [58-1] (in support of motion to Compel discovery from non-parties under RCFC 45 by THE NAVAJO NATION filed by leave of the Judge. Service: 7/14/95. (HW)
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Blank 58 Filed: 8/11/1995, Entered: 8/16/1995 Terminated: Court Filing
MOTION by THE NAVAJO NATION (Service : 7/14/95 ) to Compel discovery from non-parties under RCFC 45 , filed by leave of the Judge. Response due: 7/31/95. (HW)
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Blank 57 Filed: 8/11/1995, Entered: 8/16/1995 StipulationCourt Filing
Stipulation by the USA and THE NAVAJO NATION on service of Court filings, filed by leave of the Judge. (HW)
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Blank 56 Filed: 8/11/1995, Entered: 8/16/1995 StipulationCourt Filing
Stipulation by the USA and THE NAVAJO NATION on depositions, subpoenas andrequests for production of documents filed by leave of the Judge. (HW)
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Blank 55 Filed: 7/31/1995, Entered: 8/4/1995 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [36-1] motion to deem admitted certain requests for admission. Service: 7/31/95 (FE)
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Blank 54 Filed: 7/19/1995, Entered: 7/21/1995 OrderCourt Filing
ORDER granting [52-1] motion to Extend Time to reply to defendant's response in opposition to plaintiff's motion to deem admitted certain requests for admissions and Reply to Response to Motion reset to 8/1/95 for [36-1] motion to deem admitted certain requests for admission (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 53 Filed: 7/19/1995, Entered: 7/21/1995 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [38-1] motion to Compel production of documents. Service: 7/18/95 (FE)
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Blank 52 Filed: 7/17/1995, Entered: 7/18/1995, Terminated: 7/19/1995 Terminated:
MOTION by THE NAVAJO NATION (Service : 7/17/95 ) to Extend Time to reply to defendant's response in opposition to plaintiff's motion to deem admitted certain requests for admissions (to August 1, 1995). (FE)
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Blank 51 Filed: 7/11/1995, Entered: 7/13/1995 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [38-1] motion to Compel production of documents. Service: 6/27/95 (FE)
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Blank 50 Filed: 7/10/1995, Entered: 7/12/1995 Terminated:
RESPONSE by USA (Service: 7/10/95) to [46-1] motion to Extend Time to respond to motion to deem admitted certain requests for admission with supporting grounds. (FE)
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Blank 49 Filed: 7/10/1995, Entered: 7/12/1995 Terminated:
RESPONSE by USA (Service: 7/11/95) to [36-1] motion to deem admitted certain requests for admission with two volumes of Exhibits. Reply due: 7/24/95 (FE)
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Blank 48 Filed: 7/7/1995, Entered: 7/11/1995 OrderCourt Filing
ORDER granting [46-1] motion to Extend Time to respond to motion to deem admitted certain requests for admission with supporting grounds and Response to [36-1] motion to deem admitted certain requests for admission reset to 7/10/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 47 Filed: 7/5/1995, Entered: 7/7/1995 Terminated:
RESPONSE by USA (Service: 7/6/95) to [18-1] motion to Compel production of documents and for related relief. Reply due: 7/20/95 (FE)
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Blank 46 Filed: 7/5/1995, Entered: 7/7/1995, Terminated: 7/7/1995 Terminated:
MOTION by USA (Service: 7/6/95) to Extend Time to respond to motion to deem admitted certain requests for admission with supporting grounds [to July 10, 1995]. Response due: 7/24/95 (FE)
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Blank 45 Filed: 6/30/1995, Entered: 7/7/1995 OrderCourt Filing
ORDER granting [44-1] motion for Leave to File corrected pages to response to plaintiff's supplemental motion to compel production of documents and for related (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 44 Filed: 6/29/1995, Entered: 7/6/1995, Terminated: 6/30/1995 Terminated:
MOTION by USA (Service : 6/29/95 ) for Leave to File corrected pages to response to plaintiff's supplemental motion to compel production of documents and for related . Response due: 7/17/95. (HW)
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Blank 43 Filed: 6/26/1995, Entered: 6/28/1995 Terminated:
RESPONSE by USA (Service: 6/27/95) to [38-1] motion to Compel production of documents. Reply due: 7/10/95 (DS)
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Blank 42 Filed: 6/26/1995, Entered: 6/27/1995 Transcript
TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of June 21, 1995. Notice to parties. (FE)
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Blank 41 Filed: 6/22/1995, Entered: 6/23/1995 OrderCourt Filing
ORDER granting [21-1] motion to Extend Time to respond to Plaintiff's motion to compel production and for related relief, granting [37-2] motion to Extend Time for discovery, denying [34-1] motion for Leave to File out of time, the plaintiff's motion to strike affirmative defenses, Response to [18-1] motion to Compel production of documents and for related relief reset to 7/5/95, [36-1] motion to deem admitted certain requests for admission reset to 7/5/95, [38-1] motion to Compel production of documents reset to 6/26/95 , reset Discovery deadline to 10/6/95 and set joint Status Report deadline to 10/16/95 and returning Plaintiff's motion to strike affirmative defenses unfiled (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank -- Filed: 6/21/1995, Entered: 6/23/1995 Status Conference
Status Conference held (Transcript due 7/21/95) (FE)
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Blank 40 Filed: 6/19/1995, Entered: 6/20/1995 Reply to Response to Motion
REPLY by THE NAVAJO NATION to response to [34-1] motion for Leave to File out of time, the plaintiff's motion to strike affirmative defenses. Service: 6/19/95 (FE)
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Blank 39 Filed: 6/15/1995, Entered: 6/16/1995 OrderCourt Filing
ORDER set Status Conference for 2:30 p.m. on 6/21/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 38 Filed: 6/15/1995, Entered: 6/16/1995 Terminated: Court Filing
SUPPLEMENTAL MOTION by THE NAVAJO NATION (Service: 6/13/95) to Compel production of documents by leave of Judge. Response due: 6/30/95 (FE)
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Blank 37 Filed: 6/8/1995, Entered: 6/9/1995 Terminated:
MOTION by THE NAVAJO NATION (Service: 6/8/95) to Vacate [32-2] order and to Extend Time for discovery [to three months after filing of a joint status report]. Response due: 6/26/95. (FE)
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Blank 36 Filed: 6/8/1995, Entered: 6/8/1995, Terminated: 12/22/1995 Motion for Miscellaneous Relief
MOTION by THE NAVAJO NATION (Service : 6/7/95) to deem admitted certain requests for admission to with one volume of exhibits. Response due: 6/26/95 (FE)
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Blank -- Filed: 6/8/1995, Entered: 6/9/1995 Set/Reset Deadlines:
Deadline updated; Response to [37-1] motion to Vacate [32-2] order reset to 6/26/95 and [37-2] motion to Extend Time for discovery reset to 6/26/95 . (FE)
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Blank 35 Filed: 6/5/1995, Entered: 6/8/1995 Terminated:
RESPONSE by USA (Service: 6/5/95 ) to [34-1] motion for Leave to File out of time, the plaintiff's motion to strike affirmative defenses. Reply due: 6/19/95 (FE)
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Blank 34 Filed: 5/26/1995, Entered: 6/1/1995 Terminated:
MOTION by THE NAVAJO NATION (Service : 5/26/95 ) for Leave to File out of time, the plaintiff's motion to strike affirmative defenses . Response due: 6/12/95. (FE) Modified on 06/06/1995
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Blank 33 Filed: 5/3/1995, Entered: 5/8/1995 ~Notice (other)Court Filing
NOTICE of Certificate of Service pursuant to Joint Status Report, filed 4/20/95 by THE NAVAJO NATION. Filed by leave of the Judge. (FE)
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Blank 32 Filed: 4/27/1995, Entered: 5/2/1995 OrderCourt Filing
ORDER set Discovery deadline to 7/17/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 31 Filed: 4/20/1995, Entered: 4/21/1995 Status Report
JOINT STATUS REPORT by USA, THE NAVAJO NATION. Service: 4/20/95 (FE)
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Blank 30 Filed: 4/5/1995, Entered: 4/7/1995 Answer
ANSWER to AMENDED Complaint by USA. Service: 4/4/95 (FE)
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Blank 29 Filed: 3/30/1995, Entered: 3/31/1995 Amended Complaint
FIRST AMENDED COMPLAINT by THE NAVAJO NATION (Answer due 4/12/95 amending [1-1] complaint Service: 3/29/95 (FE)
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Blank 28 Filed: 3/21/1995, Entered: 3/22/1995 OrderCourt Filing
ORDER to Amend [1-1] complaint by April 3, 1995 , defendant shall answer complaint within 7 days after receipt, and set Joint Status Report deadline to 4/20/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 27 Filed: 2/27/1995, Entered: 2/28/1995 OrderCourt Filing
ORDER entered rescheduling Telephone Conference for 2:30 p.m. on 3/20/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 26 Filed: 2/2/1995, Entered: 2/7/1995 OrderCourt Filing
ORDER set Telephone Conference for 3:30 3/7/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 25 Filed: 1/31/1995, Entered: 2/2/1995 Status Report
STATUS REPORT by THE NAVAJO NATION. Service: 1/30/95. (HW)
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Blank 24 Filed: 1/24/1995, Entered: 1/25/1995 Reply to Response to MotionCourt Filing
REPLY by USA to response to [21-1] motion to Extend Time to respond to Plaintiff's motion to compel production and for related relief by leave of Judge. Service: 1/20/95 (FE)
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Blank 23 Filed: 1/5/1995, Entered: 1/9/1995 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 1/4/95 ) to [21-1] motion to Extend Time to respond to Plaintiff's motion to compel production and for related relief Reply due: 1/17/95 (FE)
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Blank 22 Filed: 12/29/1994, Entered: 1/4/1995 OrderCourt Filing
ORDER granting [20-1] motion for Leave to File supplemental authority for its response to Defendant's motion for an order compelling discovery ( signed by Judge Bohdan A. Futey ) Copy to parties. (HW)
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Blank 21 Filed: 12/23/1994, Entered: 12/29/1994, Terminated: 6/22/1995 Terminated:
MOTION by USA (Service: 12/23/94) to Extend Time to respond to Plaintiff's motion to compel production and for related relief [until after the discovery conference]. Response due: 1/9/95 (FE)
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Blank 20 Filed: 12/21/1994, Entered: 12/27/1994, Terminated: 12/29/1994 Terminated:
MOTION by THE NAVAJO NATION (Service: 12/16/94) for Leave to File supplemental authority for its response to Defendant's motion for an order compelling discovery . Response due: 1/3/95 (FE)
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Blank 19 Filed: 12/14/1994, Entered: 12/20/1994 OrderCourt Filing
ORDER returning Plaintiff's motion to compel, support memorandum, proposed order and supplemental authority for corrections [7(b), 82(c) and 83.1(a)(1)] (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 18 Filed: 12/14/1994, Entered: 12/19/1994 Terminated:
MOTION by THE NAVAJO NATION (Service: 12/6/94) to Compel production of documents and for related relief . Response due: 12/23/94 (FE)
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Blank 17 Filed: 12/1/1994, Entered: 12/5/1994 OrderCourt Filing
ORDER entered scheduling a Telephone Conference for 3:30 p.m. on 2/1/95 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 16 Filed: 11/15/1994, Entered: 11/21/1994 OrderCourt Filing
ORDER setting Telephone Conference for 3:00 11/30/94 ( signed by Judge Bohdan A. Futey ) Copy to parties. (FE)
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Blank 15 Filed: 11/10/1994, Entered: 11/17/1994 Reply to Response to MotionCourt Filing
REPLY by THE NAVAJO NATION to response to [11-1] motion to Compel Plaintiff to answer discovery requests filed by leave of the Judge. Service: 11/8/94. (HW)
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Blank 14 Filed: 10/28/1994, Entered: 11/4/1994 OrderCourt Filing
ORDER mooting [12-1] motion to Extend Time to respond to interrogatories ( signed by Judge Bohdan A. Futey ) Copy to parties. (FE)
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Blank 13 Filed: 10/26/1994, Entered: 11/3/1994 Terminated:
RESPONSE by THE NAVAJO NATION (Service: 10/25/94 ) to [11-1] motion to Compel Plaintiff to answer discovery requests Reply due: 11/7/94 (FE)
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Blank 12 Filed: 10/17/1994, Entered: 10/21/1994 Terminated:
MOTION by USA (Service: 10/17/94) to Extend Time to respond to interrogatories [to October 24, 1994]. (FE)
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Blank 11 Filed: 10/12/1994, Entered: 10/18/1994 Terminated:
MOTION by USA (Service: 10/12/94) to Compel Plaintiff to answer discovery requests . Response due: 10/31/94 (FE)
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Blank 10 Filed: 8/25/1994, Entered: 8/31/1994 OrderCourt Filing
ORDER returning Plaintiff's motion for a protective order (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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Blank 9 Filed: 8/3/1994, Entered: 8/9/1994 OrderCourt Filing
ORDER resetting Telephone Conference for 2:30 9/7/94 ( signed by Judge Bohdan A. Futey ) Copy to parties. (FE)
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Blank 8 Filed: 5/6/1994, Entered: 5/16/1994 OrderCourt Filing
ORDER setting Discovery deadline to 5/8/95 , and setting Status Conference for 3:00p.m. on 7/26/94 . (signed by Judge Bohdan A. Futey) Copy to parties. (FE)
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Blank 7 Filed: 5/2/1994, Entered: 5/5/1994 Joint Preliminary Status Report
JOINT PRELIMINARY STATUS REPORT. (HW)
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Blank 6 Filed: 3/16/1994, Entered: 3/22/1994 Answer
ANSWER to Complaint by USA Service: 3/16/94 (JPSR due 5/3/94). (FE)
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Blank 5 Filed: 2/16/1994, Entered: 2/18/1994 OrderCourt Filing
ORDER granting [4-1] motion to Extend Time to respond to the complaint; resetting Answer deadline to 3/16/94 for USA . ( signed by Judge Bohdan A. Futey ) Copy to parties. (FE)
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Blank 4 Filed: 2/14/1994, Entered: 2/16/1994, Terminated: 2/16/1994 Terminated:
MOTION by USA (Service : 2/14/94 ) to Extend Time to respond to the complaint (to March 16, 1994). (FE)
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Blank 3 Filed: 2/14/1994, Entered: 2/16/1994 Notice of Appearance
NOTICE of Attorney Appearance for USA by Pamela Sue West. Service : 2/14/94 (FE)
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Blank 2 Filed: 12/14/1993, Entered: 12/14/1993 Court Filing
Notice of assignment to Judge Bohdan A. Futey . Copy to parties. (AB)
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Blank 1 Filed: 12/14/1993, Entered: 12/14/1993
COMPLAINT. FILING FEE OF $120 PAID. RECEIPT #35665. Answer due on 2/14/94. (AB)
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