This case was last updated from PACER on 05/25/2016 at 05:55:56 (UTC).

Carter et al v. Washburn et al

Case Summary

On 07/06/2015 Carter filed a Civil Right - Other Civil Right lawsuit against Washburn. This case was filed in U.S. District Courts, Arizona District. The Judge overseeing this case is Judge Neil V Wake. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:15-CV-01259

  • Filing Date:

    07/06/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    Arizona District

Judge Details

Judge

Judge Neil V Wake

 

Party Details

Plaintiffs

Unknown Party

Unknown Parties

Ronald Federici

Petitioners

NICWA

Gila River Indian Community

Defendants

Sally Jewell

Gregory McKay

Amicus Curiae

National Indian Child Welfare Association

National Alliance of Children's Trust and Prevention Funds

NCAI

AAIA

First Focus Campaign for Children

National Center on Adoption and Permanency

Center for the Study of Social Policy

National Congress of American Indians

Donaldson Adoption Institute

W. Haywood Burns Institute

Child Welfare League of America

Annie E. Casey Foundation

North American Council on Adoptable Children

9 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Brian W Barnes

Attorney at Cooper & Kirk PLLC

1523 New Hampshire Ave. Nw

Washington, DC 20036

Harold S Reeves

Attorney at Cooper & Kirk PLLC

1523 New Hampshire Ave. Nw

Washington, DC 20036

Aditya Dynar

Attorney at Goldwater Institute

500 E Coronado Rd.

Phoenix, AZ 85004

Michael W Kirk

Attorney at Cooper & Kirk PLLC

1523 New Hampshire Ave. Nw

Washington, DC 20036

Christina Maria Sandefur

Attorney at Goldwater Institute

500 E Coronado Rd.

Phoenix, AZ 85004

Clint Daniel Bolick

Attorney at Goldwater Institute

500 E Coronado Rd

Phoenix, AZ 85004

Courtney Christine Van Cott

Attorney at Goldwater Institute

500 E Coronado Rd.

Phoenix, AZ 85004

Amicus Curiae and Petitioner Attorneys

Erin C Dougherty

Attorney at Native American Rights Fund - Anchorage, AK

745 W 4Th Ave., Ste. 502

Anchorage, AK 99501-1763

Matthew N Newman

Attorney at Native American Rights Fund - Anchorage, AK

745 W 4Th Ave., Ste. 502

Anchorage, AK 99501-1763

Paula M Yost

Attorney at Dentons US LLP - San Francisco, CA

525 Market St., 26Th Fl.

San Francisco, CA 94105

Linus Everling

Attorney at Gila River Indian Community

Po Box 97

Sacaton, AZ 85247

Donald R Pongrace

Attorney at Akin Gump Strauss Hauer & Feld LLP - Washington, DC

1333 New Hampshire Ave. Nw, Ste. 400

Washington, DC 20036

Kathryn E Fort

Attorney at Michigan State University College of Law

648 N Shaw Lane

E Lansing, MI 48824-1300

Samuel Franklin Daughety

Attorney at Tohono O'odham Nation

P.O. Box 830

Sells, AZ 85634

Hyland Hunt

Attorney at Akin Gump Strauss Hauer & Feld LLP - Washington, DC

1333 New Hampshire Ave. Nw, Ste. 400

Washington, DC 20036

Z W Julius Chen

Attorney at Akin Gump Strauss Hauer & Feld LLP - Washington, DC

1333 New Hampshire Ave. Nw, Ste. 400

Washington, DC 20036

James E Tysse

Attorney at Akin Gump Strauss Hauer & Feld LLP - Washington, DC

1333 New Hampshire Ave. Nw, Ste. 400

Washington, DC 20036

Defendant Attorneys

Christine Wild Ennis

Attorney at US Dept of Justice - ENRD

P.O. Box 7415

Washington, DC 20044

Steven Edward Miskinis

Attorney at US Dept of Justice

Po Box 44378

Washington, DC 20026

Melanie Grace McBride

Attorney at Office of the Attorney General - Phoenix

1275 W Washington St.

Phoenix, AZ 85007-2997

10 More Attorneys Available

 

Court Documents

#1

(#1) *COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11864370 filed by Carol Coghlan Carter, Unknown Party (named as S.H., a married couple), Unknown Party (named as J.H., a married couple), Unknown Party (named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals) and Unknown Party (named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (ATD) Modified to edit text on 7/7/2015 (ATD). (Entered: 07/07/2015)

#2

(#2) *SUMMONS Submitted by Carol Coghlan Carter, Unknown Party (named as S.H., a married couple), Unknown Party (named as J.H., a married couple), Unknown Party (named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals) and Unknown Party (named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals). (Submitted by Clint Bolick) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (ATD) Modified to edit text on 7/7/2015 (ATD). (Entered: 07/07/2015)

#3

(#3) Filing fee paid, receipt number 0970-11864370. This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-15-1259-PHX-DKD. Magistrate Election form attached. (Attachments: # 1 Instructions) (ATD) (Entered: 07/07/2015)

#4

(#4) Summons Issued as to Sally Jewell, Gregory McKay, Kevin Washburn, John S Leonardo and Loretta E Lynch. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(ATD)*** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/07/2015)

#5

(#5) Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/09/2015)

#6

(#6) MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake. All further pleadings/papers should now list the following COMPLETE case number: CV-15-1259-PHX-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/09/2015)

#7

(#7) ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiffs serve a copy of this Order upon Defendants and file notice of service. See order for details. Signed by Judge Neil V. Wake on 7/9/15. (NKS) (Entered: 07/09/2015)

#8

(#8) MOTION for Admission Pro Hac Vice as to attorney Brian Barnes on behalf of plaintiffs. (BAS) (Entered: 07/15/2015)

#9

(#9) ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/15/2015)

#175

(#175) ORDER granting 152 Motion for Order Authorizing the Release of Certain State Records. SEE ORDER FOR FULL DETAILS. Signed by Judge Neil V Wake on 4/6/16. (Attachments: # 1 Exhibit (Sealed))(MAP) (Entered: 04/06/2016)

#174

(#174) NOTICE of Appearance by Christina Maria Sandefur on behalf of Carol Coghlan Carter, Ronald Federici, Unknown Party(a married couple; for themselves and on behalf of a class of similarly-situated individuals), Unknown Party(named as J.H., a married couple ), Unknown Party(named as S.H., a married couple), Unknown Party(P.R., a married couple; for themselves and on behalf of a class of similary-situated individuals), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ). (Sandefur, Christina) (Entered: 04/06/2016)

#173

(#173) AMENDED COMPLAINT against Sally Jewell, Gregory McKay, Kevin Washburn filed by Unknown Party(a married couple; for themselves and on behalf of a class of similarly-situated individuals), Unknown Party(named as J.H., a married couple ), Carol Coghlan Carter, Unknown Party(named as S.H., a married couple), Unknown Party(P.R., a married couple; for themselves and on behalf of a class of similary-situated individuals), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Ronald Federici, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ).(EJA) (Entered: 04/05/2016)

#172

(#172) ORDER that Plaintiffs' Motion for Leave to File First Amended Complaint (Doc. 150 ) is granted. The Clerk will file the First Amended Civil Rights Class Action Complaint for Declaratory, Injunctive, and Other Relief lodged as Exhibit 1 to the Motion (Doc. 150 -1). FURTHER ORDERED that Federal Defendants' Motion to Dismiss (Doc. 68 ) and State Defendant's Motion to Abstain and Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6) (Doc. 70 ) are denied without prejudice as moot. See order for details. Signed by Judge Neil V. Wake on 4/4/16. (NKS) (Entered: 04/04/2016)

#171

(#171) NOTICE of Service of Discovery filed by Gregory McKay. (Lento, Gary) (Entered: 03/31/2016)

#170

(#170) REPLY to Response to Motion re: 152 MOTION for Issuance of Order for release of certain State records filed by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 03/31/2016)

#169

(#169) REPLY to Response to Motion re: 150 MOTION to Amend/Correct 1 Complaint filed by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple). (Attachments: # 1 Exhibit 1)(Dynar, Aditya) (Entered: 03/31/2016)

#168

(#168) NOTICE of Service of Discovery filed by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 03/31/2016)

#167

(#167) Sealed EXHIBIT A by Gregory McKay, re: proposed order accompanying State Defendant's Response to Motion for Issuance 165 (REW) (Entered: 03/22/2016)

190 More Documents Available

 

Docket Entries

  • 04/06/2016
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  • (#175) ORDER granting 152 Motion for Order Authorizing the Release of Certain State Records. SEE ORDER FOR FULL DETAILS. Signed by Judge Neil V Wake on 4/6/16. (Attachments: # 1 Exhibit (Sealed))(MAP) (Entered: 04/06/2016)

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  • 04/06/2016
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  • (#174) NOTICE of Appearance by Christina Maria Sandefur on behalf of Carol Coghlan Carter, Ronald Federici, Unknown Party(a married couple; for themselves and on behalf of a class of similarly-situated individuals), Unknown Party(named as J.H., a married couple ), Unknown Party(named as S.H., a married couple), Unknown Party(P.R., a married couple; for themselves and on behalf of a class of similary-situated individuals), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ). (Sandefur, Christina) (Entered: 04/06/2016)

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  • 04/05/2016
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  • (#173) AMENDED COMPLAINT against Sally Jewell, Gregory McKay, Kevin Washburn filed by Unknown Party(a married couple; for themselves and on behalf of a class of similarly-situated individuals), Unknown Party(named as J.H., a married couple ), Carol Coghlan Carter, Unknown Party(named as S.H., a married couple), Unknown Party(P.R., a married couple; for themselves and on behalf of a class of similary-situated individuals), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Ronald Federici, Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ).(EJA) (Entered: 04/05/2016)

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  • 04/04/2016
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  • (#172) ORDER that Plaintiffs' Motion for Leave to File First Amended Complaint (Doc. 150 ) is granted. The Clerk will file the First Amended Civil Rights Class Action Complaint for Declaratory, Injunctive, and Other Relief lodged as Exhibit 1 to the Motion (Doc. 150 -1). FURTHER ORDERED that Federal Defendants' Motion to Dismiss (Doc. 68 ) and State Defendant's Motion to Abstain and Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6) (Doc. 70 ) are denied without prejudice as moot. See order for details. Signed by Judge Neil V. Wake on 4/4/16. (NKS) (Entered: 04/04/2016)

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  • 03/31/2016
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  • (#171) NOTICE of Service of Discovery filed by Gregory McKay. (Lento, Gary) (Entered: 03/31/2016)

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  • 03/31/2016
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  • (#170) REPLY to Response to Motion re: 152 MOTION for Issuance of Order for release of certain State records filed by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 03/31/2016)

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  • 03/31/2016
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  • (#169) REPLY to Response to Motion re: 150 MOTION to Amend/Correct 1 Complaint filed by Carol Coghlan Carter, Unknown Party(named as J.H., a married couple ), Unknown Party(named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals ), Unknown Party(named as S.H., a married couple). (Attachments: # 1 Exhibit 1)(Dynar, Aditya) (Entered: 03/31/2016)

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  • 03/31/2016
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  • (#168) NOTICE of Service of Discovery filed by Sally Jewell, Kevin Washburn. (Miskinis, Steven) (Entered: 03/31/2016)

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  • 03/22/2016
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  • (#167) Sealed EXHIBIT A by Gregory McKay, re: proposed order accompanying State Defendant's Response to Motion for Issuance 165 (REW) (Entered: 03/22/2016)

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  • 03/22/2016
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  • (#166) ORDER: granting the State Defendant's Motion for Leave to File Document Under Seal 163 ; the following lodged document is hereby sealed: Exhibit A (lodged at 163 ) to proposed order accompanying State Defendant's Response to Motion for Issuance 165 -1. Signed by Judge Neil V Wake on 3/22/16.(REW) (Entered: 03/22/2016)

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155 More Docket Entries
  • 07/16/2015
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  • (#10) SERVICE EXECUTED filed by Carol Coghlan Carter: Affidavit of Service re: Summons, Class Action Complaint, District Judge Option upon Gregory A. McCay on 07/09/2015. (Dynar, Aditya) (Entered: 07/16/2015)

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  • 07/15/2015
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  • (#9) ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/15/2015)

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  • 07/15/2015
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  • (#8) MOTION for Admission Pro Hac Vice as to attorney Brian Barnes on behalf of plaintiffs. (BAS) (Entered: 07/15/2015)

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  • 07/09/2015
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  • (#7) ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiffs serve a copy of this Order upon Defendants and file notice of service. See order for details. Signed by Judge Neil V. Wake on 7/9/15. (NKS) (Entered: 07/09/2015)

    Read MoreRead Less
  • 07/09/2015
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  • (#6) MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake. All further pleadings/papers should now list the following COMPLETE case number: CV-15-1259-PHX-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/09/2015)

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  • 07/09/2015
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  • (#5) Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/09/2015)

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  • 07/07/2015
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  • (#4) Summons Issued as to Sally Jewell, Gregory McKay, Kevin Washburn, John S Leonardo and Loretta E Lynch. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(ATD)*** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/07/2015)

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  • 07/06/2015
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  • (#3) Filing fee paid, receipt number 0970-11864370. This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-15-1259-PHX-DKD. Magistrate Election form attached. (Attachments: # 1 Instructions) (ATD) (Entered: 07/07/2015)

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  • 07/06/2015
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  • (#2) *SUMMONS Submitted by Carol Coghlan Carter, Unknown Party (named as S.H., a married couple), Unknown Party (named as J.H., a married couple), Unknown Party (named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals) and Unknown Party (named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals). (Submitted by Clint Bolick) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (ATD) Modified to edit text on 7/7/2015 (ATD). (Entered: 07/07/2015)

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  • 07/06/2015
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  • (#1) *COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11864370 filed by Carol Coghlan Carter, Unknown Party (named as S.H., a married couple), Unknown Party (named as J.H., a married couple), Unknown Party (named as M.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals) and Unknown Party (named as K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (ATD) Modified to edit text on 7/7/2015 (ATD). (Entered: 07/07/2015)

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