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15-277 - Poarch Band of Creek Indians v. Moore


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15-277 - Poarch Band of Creek Indians v. Moore
July 22, 2015
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ORDER, GRANTING 12 MOTION for Preliminary Injunction filed by Poarch Band of Creek Indians, and ORDERING that James Hildreth, the Tax Assessor of Escambia County, is prohibited from proceeding with or issuing any assessment of the Tribe's Trust Property. Signed by Judge Callie V. S. Granade on 7/22/2015. (mab)
August 10, 2016
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REPORT AND RECOMMENDATION recommending that 59 United States MOTION to Dismiss be GRANTED and the Poarch Band 60 Motion to Dismiss and Strike be GRANTED IN PART and DENIED IN PART. Objections to R&R due by 8/24/2016. Signed by Magistrate Judge William E. Cassady on 8/10/2016. (mab)
September 12, 2016
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ORDER ADOPTING 77 Report and Recommendation with exception that Plaintiff's motion to strike Defendant Moore's affirmative defenses numbered 4 and 5 is granted. It is ORDERED, ADJUDGED, and DECREED that the 59 Motion to Dismiss Counterclaim is granted (a) as to the United States Department of the Interior; Sally Jewell, Secretary of the DOI; Kevin Washburn, Assistant Secretary-Indian Affairs; and the Bureau of Indian Affairs because they are not necessary Counterclaim Defendants; and (b) as to the United States of America pursuant to Rule 12(b)(1). It is further ORDERED, ADJUDGED and DECREED that the 60 Motion to Dismiss Amended Counterclaims and to Strike Certain Affirmative Defenses filed by the Poarch Bank of Creek Indians and tribal council members, Stephanie Bryan, Robert McGhee, David Gehman, Arthur Mothershed, Keith Martin, Sandy Hollinger, Garvis Sells, and Kevin McGhee, is (a) granted in part to the extend that the Counterclaim Plaintiff's counterclaims against them are dismissed pursuant to Rule 12(b)(1) and that the Counterclaim Plaintiff's affirmative defenses 2,3,4,5,6,7 and 8 are stricken; and (b) denied in part to the extend that the Counterclaim Plaintiff's affirmative defenses 9,10,11,12 are not stricken. Signed by Senior Judge Callie V. S. Granade on 9/12/2016. (mab)