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03-2220 - Miami Tribe of Oklahoma v. USA et al


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03-2220 - Miami Tribe of Oklahoma v. USA et al
June 22, 2005
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MEMORANDUM AND ORDER reversing the BIA's January 11, 2002 decision denying Smith's application for approval to gift convey one-third of this interest in Miami Reserve to Miami Tribe. It is further ordered that a telephone status conference is scheduled for July 19, 2005 at 10:00 a.m. to discuss scheduling issues with regards to Counts II and III of Plaintiff's Complaint. See Memorandum and Order for further details. Signed by Magistrate Judge David J. Waxse on 6/22/2005. (byk)
November 23, 2005
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MEMORANDUM AND ORDER granting in part and denying in part 30 Defendants' Motion for Reconsideration. Upon reconsideration, the Court REMANDS the case back to the agency for further proceedings consistent with the Court's June 22, 2005 Memorandum and Order. Signed by Magistrate Judge David J. Waxse on 11/23/2005. (byk)
May 22, 2006
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MEMORANDUM AND ORDER staying Counts II and III pending adminstrative agency disposition of the remand proceedings previously ordered on Count I. The parties are directed to file status reports with the Court at 120 day intervals advising the Court of the status of the remand proceedings. 39 Plaintiff Miami Tribe's Motion to Modify Order and 54 Defendants' Motion to Stay are denied. 41 Plaintiff Miami Tribe's Motion for Leave to File Amended Complaint and 42 Motion to Allow Discovery and Stay Litigation Pending Response to Remand are found to be moot. 51 Defendants' Motion to Dismiss Counts II and III is denied without prejudice to refiling after the stay is lifted. See Memorandum and Order for further details. Signed by Magistrate Judge David J. Waxse on 5/22/2006. (byk)
December 29, 2006
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MEMORANDUM AND ORDER denying Defendants' 74 Motion for Rule 54(b) Judgment on Count I. Signed by Magistrate Judge David J. Waxse on 12/29/06. (mg)
July 24, 2008
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MEMORANDUM AND ORDER denying 98 Plaintiff Miami Tribe's Motion for Remand of Defendants' Response to Count I; and granting in part and denying in part 100 Defendants' Motion for Order Establishing Case Resolution Procedure. Defendants shall issue a final decision on Mr. Smith's appeal of the BIA's October 23, 2007 and February 6, 2008 decision letters within ninety (90) days of the date of this Memorandum and Order, unless Defendants show good cause why they cannot comply with this deadline. Signed by Magistrate Judge David J. Waxse on 7/24/2008. (byk)
September 5, 2008
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MEMORANDUM AND ORDER denying without prejudice 103 Miami Tribe of Oklahoma's Motion for Summary Judgment on Count II. Plaintiff Miami Tribe is hereby granted leave to file its motion for leave to amend the complaint. Such motion shall be filed within twenty (20) days of the date of this Order. Signed by Magistrate Judge David J. Waxse on 9/5/2008. (byk)
January 4, 2010
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MEMORANDUM AND ORDER - It is Ordered that the October 10, 2008 Order of the IBIA affirming in part and vacating in part the BIAs October 23, 2007 decision is affirmed. Further, the Miami Tribes claim for breach of trust (Count II) is dismissed. Signed by Magistrate Judge David J. Waxse on 01/04/2010.(mg)