Case Details

CourtDistrict of the District of Columbia
Docket number1:08-cv-00317
Date case filed2008-02-25
Date case closed2013-07-25
Date of latest filing2008-09-04
Assigned toJudge Rudolph Contreras
Case cause05:0701 Maritime Subsidy Board
Nature of suit893 Environmental Matters
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS
Party type: Plaintiff
Attorney name: Audrey Elaine Moog
Attorney Contact:
HOGAN LOVELLS US LLP
555 13th Street, NW
Washington, DC 20004
(202) 637-5600
Fax: (202) 637-5910
Email: [email protected]
TERMINATED: 08/08/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James Philip Nordstrom
Attorney Contact:
FISHER, PATTERSON, SAYLER & SMITH, L.L.P.
3550 SW 5th Street
Topeka, KS 66606
(785) 232-7761
Fax: (785) 232-6604
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jonathan Lynwood Abram
Attorney Contact:
HOGAN LOVELLS US LLP
555 13th Street, NW
Washington, DC 20004
(202) 637-5681
Fax: (202) 637-5910
Email: [email protected]
TERMINATED: 08/08/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Teresa L. Watson
Attorney Contact:
FISHER, PATTERSON, SAYLER & SMITH, LLP
Post Office Box 949
3550 SW 5th Street
Topeka, KS 66601
(785) 232-7761
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David R. Cooper
Attorney Contact:
FISHER, PATTERSON, SAYLER & SMITH, LLP
Post Office Box 949
3550 SW 5th Street
Topeka, KS 66601
(785) 232-7761
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: DIRK KEMPTHORNE
Party type: Defendant
in his official capacity as the Secretary of the Interior
Attorney name: Amy S. Tryon
Attorney Contact:
U.S. DEPARTMENT OF JUSTICE
Environment & Natural Resources Division
P.O. Box 44378
Washington, DC 20026-4378
(202) 353-8596
Fax: (202) 305-0271
Email: [email protected]
TERMINATED: 11/30/2012 LEAD ATTORNEY

Attorney name: Gina L. Allery
Attorney Contact:
U.S. DEPARTMENT OF JUSTICE
Environmental and Natural Resources Division
601 D Street NW
3rd Floor- Room 3507
Washington, DC 20004
(202) 305-0261
Fax: (202) 305-0291
Email: [email protected]
LEAD ATTORNEY
Party: UNITED STATES DEPARTMENT OF THE INTERIOR
Party type: Defendant
Attorney name: Amy S. Tryon
Attorney Contact:
(See above for address)
TERMINATED: 11/30/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gina L. Allery
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: NATIONAL INDIAN GAMING COMMISSION
Party type: Defendant
Attorney name: Amy S. Tryon
Attorney Contact:
(See above for address)
TERMINATED: 11/30/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-02-25 ComplaintCOMPLAINT against DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR ( Filing fee $ 350, receipt number 4616010502) filed by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 02/26/2008)
22008-02-25 Motion for Preliminary InjunctionMOTION for Preliminary Injunction by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order, # 6 Table of Contents)(tg, ) (Entered: 02/26/2008)
32008-02-27 Summons Returned Executed as to Attorney GeneralRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General February 26, 2008. (Moog, Audrey) (Entered: 02/27/2008)
42008-02-27 Summons Returned Executed as to US Attorney for DCRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. DIRK KEMPTHORNE served on 2/26/2008, answer due 4/28/2008; UNITED STATES DEPARTMENT OF THE INTERIOR served on 2/26/2008, answer due 4/28/2008 (Moog, Audrey) (Entered: 02/27/2008)
52008-02-27 Summons Returned Executed as to Federal DefendantRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES DEPARTMENT OF THE INTERIOR served on 2/26/2008, asnwer due 4/28/2008 (Moog, Audrey) Modified to edit service of process information on 2/28/2008 (tg, ). Modified on 12/15/2008 (jf, ). Modified on 12/15/2008 (jf, ). (Entered: 02/27/2008)
62008-02-27 Summons Returned Executed as to Federal DefendantRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to DIRK KEMPTHORNE served February 26, 2008, answer due 4/28/2008 (Moog, Audrey) Modified to edit service of process information on 2/28/2008 (tg, ). Modified on 12/15/2008 (jf, ). (Entered: 02/27/2008)
72008-02-27 Notice of AppearanceNOTICE of Appearance by Gina L. Allery on behalf of DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: # 1 Certificate of Service)(Allery, Gina) (Entered: 02/27/2008)
82008-03-03 Case Assigned/ReassignedCase Reassigned to Judge Richard W. Roberts. Judge Royce C. Lamberth no longer assigned to the case. (gt, ) (Entered: 03/03/2008)
92008-03-03 Order of RecusalORDER OF RECUSAL. Judge Royce C. Lamberth recused. Case reassigned to Judge Richard W. Roberts for all further proceedings. Signed by Judge Royce C. Lamberth on 3/3/08. (rje) (Entered: 03/03/2008)
102008-03-03 Memorandum in OppositionMemorandum in opposition to re 2 MOTION for Preliminary Injunction filed by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Certificate of Service)(Allery, Gina) (Entered: 03/03/2008)
112008-03-10 Reply to opposition to MotionREPLY to opposition to motion re 2 MOTION for Preliminary Injunction filed by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. (Moog, Audrey) (Entered: 03/10/2008)
122008-03-17 Notice of AppearanceNOTICE of Appearance by Amy S. Tryon on behalf of DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR (Tryon, Amy) (Entered: 03/17/2008)
132008-04-18 Motion for Extension of Time to File AnswerUnopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Tryon, Amy) (Entered: 04/18/2008)
142008-05-28 Motion to DismissMOTION to Dismiss by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit 1, # 3 Text of Proposed Order, # 4 Certificate of Service)(Tryon, Amy) (Entered: 05/28/2008)
152008-06-11 Notice (Other)ENTERED IN ERROR.....NOTICE of Filing First Amended Complaint by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Attachments: # 1 First Amended Complaint)(Moog, Audrey) Modified on 6/12/2008 (jf, ). (Entered: 06/11/2008)
162008-06-12 Amended ComplaintFIRST AMENDED COMPLAINT against NATIONAL INDIAN GAMING COMMISSION, DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR filed by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS.(nmw, ) (Entered: 06/13/2008)
172008-06-23 Motion to DismissMOTION to Dismiss First Amended Complaint by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL INDIAN GAMING COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order, # 4 Certificate of Service)(Tryon, Amy) (Entered: 06/23/2008)
182008-06-23 Administrative RecordADMINISTRATIVE RECORD Notice of Filing by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Record Certification, # 2 Privilege Log, # 3 Declaration of Privilege, # 4 Index to Administrative Record, # 5 Administrative Record, File 1 of 9, # 6 Administrative Record, File 2 of 9, # 7 Administrative Record, File 3 of 9, # 8 Administrative Record, File 4 of 9, # 9 Administrative Record, File 5 of 9, # 10 Administrative Record, File 6 of 9, # 11 Administrative Record, File 7 of 9, # 12 Administrative Record, File 8 of 9, # 13 Administrative Record, File 9 of 9)(Tryon, Amy) (Entered: 06/23/2008)
192008-07-03 Motion for Extension of Time to File Response/ReplyUnopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Amended Complaint by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Attachments: # 1 Text of Proposed Order)(Moog, Audrey) (Entered: 07/03/2008)
202008-07-28 Motion for Summary JudgmentMOTION for Summary Judgment on Counts II of III First Amended Complaint by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Moog, Audrey) (Entered: 07/29/2008)
212008-07-29 Memorandum in OppositionMemorandum in opposition to re 17 MOTION to Dismiss First Amended Complaint & Cross Motion for Summary Judgment on Counts II and III filed by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. (Moog, Audrey) (Entered: 07/29/2008)
222008-08-11 Reply to opposition to MotionREPLY to opposition to motion re 20 MOTION for Summary Judgment on Counts II of III First Amended Complaint filed by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Certificate of Service)(Tryon, Amy) (Entered: 08/11/2008)
232008-08-12 Memorandum in OppositionMemorandum in opposition to re 20 MOTION for Summary Judgment on Counts II of III First Amended Complaint filed by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Certificate of Service)(Tryon, Amy) (Entered: 08/12/2008)
242008-08-21 Reply to opposition to MotionREPLY to opposition to motion re 20 MOTION for Summary Judgment on Counts II of III First Amended Complaint filed by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. (Moog, Audrey) (Entered: 08/21/2008)
252008-09-04 Notice (Other)NOTICE of Filing Joint Appendix of Administrative Record Excerpts by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS, DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL INDIAN GAMING COMMISSION (Attachments: # 1 Joint Appendix of Administrative Record Excerpts)(Moog, Audrey) (Entered: 09/04/2008)
262009-07-21 NOTICE OF SUPPLEMENTAL AUTHORITY by DIRK KEMPTHORNE, UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL INDIAN GAMING COMMISSION (Attachments: # 1 Exhibit, # 2 Certificate of Service)(Allery, Gina) (Entered: 07/21/2009)
272010-05-04 NOTICE of Change of Address by Audrey Elaine Moog (Moog, Audrey) (Entered: 05/04/2010)
282012-04-12 Case randomly reassigned to Judge Rudolph Contreras. Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 04/12/2012)
292012-04-24 ORDER for joint status report. Signed by Judge Rudolph Contreras on April 24, 2012. (lcrc2) (Entered: 04/24/2012)
302012-05-18 STATUS REPORT by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS, DIRK KEMPTHORNE, NATIONAL INDIAN GAMING COMMISSION, UNITED STATES DEPARTMENT OF THE INTERIOR. (Tryon, Amy) (Entered: 05/18/2012)
312012-07-09 Joint STATUS REPORT (Second) by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS, DIRK KEMPTHORNE, NATIONAL INDIAN GAMING COMMISSION, UNITED STATES DEPARTMENT OF THE INTERIOR. (Tryon, Amy) (Entered: 07/09/2012)
322012-07-09 NOTICE Statement of Facts by DIRK KEMPTHORNE, NATIONAL INDIAN GAMING COMMISSION, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tryon, Amy) (Entered: 07/09/2012)
332012-07-11 NOTICE of Appearance by James Philip Nordstrom on behalf of BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Nordstrom, James) (Main Document 33 replaced on 7/12/2012) (zdr, ). (Entered: 07/11/2012)
342012-08-08 NOTICE OF WITHDRAWAL OF APPEARANCE as to BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. Attorney Audrey Elaine Moog terminated. (Moog, Audrey) (Entered: 08/08/2012)
352012-08-08 NOTICE OF WITHDRAWAL OF APPEARANCE as to BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. Attorney Jonathan Lynwood Abram terminated. (Abram, Jonathan) (Entered: 08/08/2012)
362012-08-08 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Ray Cooper, :Firm- Fisher, Patterson, Sayler & Smith, L.L.P., :Address- 3550 SW 5th Street, P.O. Box 949, Topeka, Kansas 66601-0949. Phone No. - 785-232-7761. Fax No. - 785-232-6604 by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Attachments: # 1 Declaration In Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order for Motion for Leave to Appear Pro Hac Vice)(Nordstrom, James) (Entered: 08/08/2012)
372012-08-08 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Teresa L. Watson, :Firm- Fisher, Patterson, Sayler & Smith, L.L.P., :Address- 3550 SW 5th Street, P.O. Box 949, Topeka, Kansas 66601-0949. Phone No. - 785-232-7761. Fax No. - 785-232-6604 by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Attachments: # 1 Affidavit In Support of Motion for Leave to Appear Pro Hac Vice, # 2 Text of Proposed Order for Motion for Leave to Appear Pro Hac Vice)(Nordstrom, James) (Entered: 08/08/2012)
382012-08-17 SUPPLEMENTAL MEMORANDUM to re Order, to address effect of Supreme Court Decision filed by BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS. (Cooper, David) (Entered: 08/17/2012)
392012-08-17 SUPPLEMENTAL MEMORANDUM to re Order, Addressing Recent Supreme Court Decision filed by DIRK KEMPTHORNE, NATIONAL INDIAN GAMING COMMISSION, UNITED STATES DEPARTMENT OF THE INTERIOR. (Tryon, Amy) (Entered: 08/17/2012)
402012-09-06 NOTICE of Appearance by Teresa L. Watson on behalf of BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, KANSAS (Watson, Teresa) (Main Document 40 replaced on 9/7/2012) (dr) (Entered: 09/06/2012)
412012-11-30 NOTICE OF WITHDRAWAL OF APPEARANCE as to DIRK KEMPTHORNE, NATIONAL INDIAN GAMING COMMISSION, UNITED STATES DEPARTMENT OF THE INTERIOR. Attorney Amy S. Tryon terminated. (Tryon, Amy) (Entered: 11/30/2012)
422013-07-25 MEMORANDUM OPINION. Signed by Judge Rudolph Contreras on July 25, 2013. (lcrc2) (Entered: 07/25/2013)
432013-07-25 ORDER granting 17 Motion to Dismiss, and denying 2 Motion for Preliminary Injunction and 20 Motion for Summary Judgment. Signed by Judge Rudolph Contreras on July 25, 2013. (lcrc2) (Entered: 07/25/2013)