UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA by 5z5544

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									    UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
            CALIFORNIA (Eastern Division - Riverside)
        CIVIL DOCKET FOR CASE #: 5:08-cv-01753-VAP-OP


Twenty-Nine Palms Band of Mission Indians v.       Date Filed: 12/02/2008
Arnold Schwarzenegger et al                        Jury Demand: None
Assigned to: Judge Virginia A. Phillips            Nature of Suit: 890 Other Statutory
Referred to: Magistrate Judge Oswald Parada        Actions
Cause: 28:1331 Fed. Question: Breach of Contract   Jurisdiction: Federal Question
Plaintiff
Twenty-Nine Palms Band of            represented by Carole M Ross
Mission Indians                                     Sheppard Mullin Richter and
a federally recognized Indian                       Hampton
Tribe                                               12275 El Camino Real, Suite 200
                                                    San Diego , CA 92130-2006
                                                    858-720-8900
                                                    Fax: 858-509-3691
                                                    Email:
                                                    cross@sheppardmullin.com
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                   Matthew Scott McConnell
                                                   Sheppard Mullin Richter and
                                                   Hampton
                                                   12275 El Camino Real, Suite 200
                                                   San Diego , CA 92130-2006
                                                   858-720-8900
                                                   Fax: 858-509-3691
                                                   Email:
                                                   mmcconnell@sheppardmullin.com
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                   Richard M Freeman
                                                   Sheppard Mullin Richter and
                                                   Hampton
                                                   12275 El Camino Real, Suite 200
                                                   San Diego , CA 92130-2006
                                                   858-720-8900
                                                   Fax: 858-509-3691
                                                   Email:
                                                   rfreeman@sheppardmullin.com
                                                   LEAD ATTORNEY
                                                      ATTORNEY TO BE NOTICED



V.
Defendant
Arnold Schwarzenegger                  represented by Jennifer T Henderson
Governor of the State of                              Department of Justice
California, in his offiical capacity                  1300 I Street
as Governor of the State of                           Sacramento , CA 95814
California                                            916-324-5366
                                                      Fax: 916-322-5609
                                                      Email:
                                                      jennifer.henderson@doj.ca.gov
                                                      LEAD ATTORNEY
                                                      ATTORNEY TO BE NOTICED

                                                      Randall A Pinal
                                                      CAAG Office of Attorney General
                                                      of California
                                                      110 West A Street
                                                      Ste 1100
                                                      San Diego , CA 92101
                                                      619-645-3075
                                                      Fax: 619-645-2012
                                                      Email: randy.pinal@doj.ca.gov
                                                      LEAD ATTORNEY
                                                      ATTORNEY TO BE NOTICED


Defendant
Attorney General Edmund G              represented by Jennifer T Henderson
Brown, Jr                                             (See above for address)
in his official capacity as Attorney                  LEAD ATTORNEY
General of the State of California                    ATTORNEY TO BE NOTICED
TERMINATED: 03/27/2009
                                                      Randall A Pinal
                                                      (See above for address)
                                                      LEAD ATTORNEY
                                                      ATTORNEY TO BE NOTICED


Defendant
The State of California                represented by Randall A Pinal
TERMINATED: 10/01/2009                                (See above for address)
                                                      LEAD ATTORNEY
                                                      ATTORNEY TO BE NOTICED


Defendant
Selvi Stanislaus                      represented by Randall A Pinal
in her official capacity as                          (See above for address)
Executive Officer of Franchise Tax                   LEAD ATTORNEY
Board                                                ATTORNEY TO BE NOTICED



Date Filed     #    Docket Text
12/02/2008      1   COMPLAINT against defendant Arnold Schwarzenegger, Edmund
                    G Brown, Jr.(Filing fee $ 350), filed by plaintiff Twenty-Nine Palms
                    Band of Mission Indians.(am) (Additional attachment(s) added on
                    12/10/2008: # 1 Part 2) (am). (Entered: 12/02/2008)
12/02/2008          20 DAY Summons Issued re Complaint - (Discovery) 1 as to
                    defendants Arnold Schwarzenegger, Edmund G Brown, Jr. (am)
                    (Entered: 12/02/2008)
12/02/2008      2   CERTIFICATE of Interested Parties filed by plaintiff Twenty-Nine
                    Palms Band of Mission Indians, (am) (am). (Entered: 12/02/2008)
12/02/2008      3   NOTICE of Related Case(s) filed by plaintiff Twenty-Nine Palms
                    Band of Mission Indians. (am) (am). (Entered: 12/02/2008)
12/02/2008      4   STANDING ORDER by Judge Virginia A. Phillips, READ THIS
                    ORDER CAREFULLY. IT CONTROLS THIS CASE AND
                    DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
                    (am) (Entered: 12/03/2008)
01/14/2009      5   PROOF OF SERVICE Executed by Plaintiff Twenty-Nine Palms
                    Band of Mission Indians, upon Edmund G Brown, Jr served on
                    1/8/2009, answer due 1/28/2009. The Summons and Complaint were
                    served by Personal Service service, by State Statute statute, upon
                    Officer Appell, Authorized to Accept. Due Dilligence declaration
                    no. Original Summons not returned. (Ross, Carole) (Entered:
                    01/14/2009)
01/14/2009      6   PROOF OF SERVICE Executed by Plaintiff Twenty-Nine Palms
                    Band of Mission Indians, upon Arnold Schwarzenegger served on
                    1/8/2009, answer due 1/28/2009. The Summons and Complaint were
                    served by Personal service, by State Statute statute, upon Christy
                    Caspers, Authorized to Accept. Due Dilligence declaration not
                    attached. Original Summons not returned. (Ross, Carole) (Entered:
                  01/14/2009)
01/27/2009    7   STIPULATION for Extension of Time to File Response to Initial
                  Complaint filed by Defendants Arnold Schwarzenegger, Edmund G
                  Brown, Jr. (Attachments: # 1 Certificate of Service)(Pinal, Randall)
                  (Entered: 01/27/2009)
01/30/2009    8   NOTICE of Appearance filed by attorney Jennifer T Henderson on
                  behalf of Defendants Arnold Schwarzenegger, Edmund G Brown, Jr
                  (Henderson, Jennifer) (Entered: 01/30/2009)
02/26/2009    9   STIPULATION to Amend Complaint - (Discovery) 1 filed by
                  Defendants Arnold Schwarzenegger, Edmund G Brown, Jr.
                  (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Pinal,
                  Randall) (Entered: 02/26/2009)
02/27/2009   10   NOTICE of Errata re Stipulation to Allow Plaintiff to File First
                  Amended Complaint filed by Defendants Arnold Schwarzenegger,
                  Edmund G Brown, Jr. (Attachments: # 1 Certificate of
                  Service)(Pinal, Randall) (Entered: 02/27/2009)
02/27/2009   11   STIPULATION to Amend Complaint - (Discovery) 1 filed by
                  Defendants Arnold Schwarzenegger, Edmund G Brown, Jr.
                  (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Pinal,
                  Randall) (Entered: 02/27/2009)
03/04/2009   12   ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED
                  COMPLAINT by Judge Virginia A. Phillips: Based upon counsels
                  stipulation, the Tribe shall have through March 27, 2009, in which to
                  file a first amended complaint. Thereafter, the State Defendants
                  response will be due within the time-period prescribed by the
                  Federal Rules of Civil Procedure and local civil rules. If the Tribe
                  does not file a first amended complaint by March 27, 2009, or does
                  not obtain an extension of time to file a first amended complaint, this
                  action shall be dismissed without prejudice. (am) (Entered:
                  03/04/2009)
03/05/2009   32   MINUTES (IN CHAMBERS): ORDER by Judge Virginia A.
                  Phillips: The State of California, Selvi Staislaus, Arnold
                  Schwarzeneggers Motion to Dismiss Amended Complaint 22 . Court
                  issues a tentative ruling, hears oral argument and takes the matter
                  under submission. (am) (Entered: 08/05/2009)
03/27/2009   13   AMENDED COMPLAINT against defendant The State of
                  California, Selvi Stanislaus, Arnold Schwarzenegger; Party Edmund
                  G Brown, Jr terminated amending Complaint - (Discovery) 1 ,filed
                  by plaintiff Twenty-Nine Palms Band of Mission Indians
                  (Attachments: # 1 Part 2)(am) (Additional attachment(s) added on
                  3/31/2009: # 2 Summons) (am). (Entered: 03/30/2009)
03/27/2009   14   AMENDED CERTIFICATE of Interested Parties filed by plaintiff
                  Twenty-Nine Palms Band of Mission Indians, (am) (Entered:
                  03/30/2009)
03/27/2009   15   NOTICE of Related Case(s) filed by plaintiff Twenty-Nine Palms
                  Band of Mission Indians. Related Case(s): None (am) (Entered:
                  03/30/2009)
03/30/2009        20 DAY Summons Issued re Amended Complaint, 13 as to
                  defendants The State of California, Selvi Stanislaus, Arnold
                  Schwarzenegger. (am) (Entered: 03/31/2009)
04/15/2009   16   STIPULATION for Extension of Time to File Answer or Response
                  as to Amended Complaint, 13 filed by Defendant Arnold
                  Schwarzenegger. (Attachments: # 1 Proposed Order, # 2 Declaration
                  of Service)(Pinal, Randall) (Entered: 04/15/2009)
04/17/2009   17   ORDER EXTENDING TIME TO FILE ANSWER OR RESPONSE
                  TO AMENDED COMPLAINT by Judge Virginia A. Phillips: Based
                  upon counsels stipulation, any defendants answer or response to the
                  amended complaint shall be filed on or before the same date as when
                  the last properly served defendants answer or response is due, as that
                  date is prescribed by the Federal Rules of Civil Procedure or local
                  rules. (am) (Entered: 04/17/2009)
04/23/2009   18   PROOF OF SERVICE Executed Twenty-Nine Palms Band of
                  Mission Indians, upon Selvi Stanislaus served on 4/17/2009, answer
                  due 5/7/2009. First Amended The Summons and Complaint were
                  served by personal service, by State statute, upon Deborah Raunam.
                  Due Dilligence declaration no. Original Summons Yes.
                  (Attachments: # 1 Summons)(McConnell, Matthew) (Entered:
                  04/23/2009)
04/23/2009   19   PROOF OF SERVICE Executed Twenty-Nine Palms Band of
                  Mission Indians, upon The State of California served on 4/17/2009,
                  answer due 5/7/2009. First Amended The Summons and Complaint
                  were served by Personal service, by State statute, upon Officer
                  Appel. Due Dilligence declaration No. Original Summons Yes.
                  (Attachments: # 1 Summons)(McConnell, Matthew) (Entered:
                  04/23/2009)
05/06/2009   20   STIPULATION for Extension of Time to File Respond to Amended
                  Complaint filed by Defendants The State of California, Selvi
                  Stanislaus. (Attachments: # 1 Proof of Service)(Pinal, Randall)
                  (Entered: 05/06/2009)
06/05/2009   21   STIPULATION to Exceed Page Limitation as to Motion to Dismiss
                  Amended Complaint filed by defendants The State of California,
                  Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1
                  Proposed Order To Exceed Page Limitations)(Pinal, Randall)
                  (Entered: 06/05/2009)
06/05/2009   22   NOTICE OF MOTION AND MOTION to Dismiss Amended
                  Complaint filed by defendants The State of California, Selvi
                  Stanislaus, Arnold Schwarzenegger. Motion set for hearing on
                  7/20/2009 at 10:00 AM before Judge Virginia A. Phillips. (Pinal,
                  Randall) (Entered: 06/05/2009)
06/05/2009   23   MEMORANDUM in Support of MOTION to Dismiss Amended
                  Complaint 22 Memorandum of Points and Authorities filed by
                  Defendants The State of California, Selvi Stanislaus, Arnold
                  Schwarzenegger. (Pinal, Randall) (Entered: 06/05/2009)
06/05/2009   24   REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss
                  Amended Complaint 22 filed by defendants The State of California,
                  Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Exhibit
                  A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Pinal,
                  Randall) (Entered: 06/05/2009)
06/10/2009   25   ORDER ALLOWING PARTIES TO EXCEED PAGE
                  LIMITATION by Judge Virginia A. Phillips: Based upon counsels
                  stipulation 21 , the Court finds that good cause exists to allow the
                  parties to file memoranda of points and authorities relating to State
                  Defendants motion to dismiss the amended complaint that shall not
                  exceed thirty pages. IT IS SO ORDERED. (ad) (Entered:
                  06/11/2009)
06/24/2009   26   STIPULATION to Continue the hearing on the motion to dismiss
                  from 7/20/09 to 8/3/09 Re: MOTION to Dismiss Amended
                  Complaint 22 filed by plaintiff Twenty-Nine Palms Band of Mission
                  Indians. (Attachments: # 1 Proposed Order Order Continuing
                  Hearing on Motion to Dismiss, # 2 Proof of Service)(Freeman,
                  Richard) (Entered: 06/24/2009)
06/30/2009   27   ORDER CONTINUING HEARING ON MOTION TO DISMISS
                  by Judge Virginia A. Phillips: Based upon counsel's stipulation, the
                  Court finds that good cause exists to continue the hearing on State
                  Defendants' motion to dismiss to August 3, 2009. The Tribe's
                  opposition must be filed by July 20, 2009 and the State Defendants'
                  reply must be filed by July 27, 2009.before Judge Virginia A.
                  Phillips (am) (Entered: 07/01/2009)
07/20/2009   28   Opposition in re: MOTION to Dismiss Amended Complaint 22 filed
                  by Plaintiff Twenty-Nine Palms Band of Mission Indians.
                  (Attachments: # 1 Appendix of Authorities and Request for Judicial
                  Notice, # 2 Objection to Request for Judicial Notice, # 3 Declaration
                  of Carole M. Ross, # 4 Proof of Service)(Ross, Carole) (Entered:
                  07/20/2009)
07/21/2009   29   NOTICE Notice of Errata re Opposition to Motion to Dismiss
                  Amended Complaint filed by plaintiff Twenty-Nine Palms Band of
                  Mission Indians. (Attachments: # 1 Appendix of Authorities, # 2
                  Proof of Service)(Ross, Carole) (Entered: 07/21/2009)
07/27/2009   30   REPLY to Plaintiff's Opposition to Motion to Dismiss Amended
                  Complaint filed by Defendants The State of California, Selvi
                  Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Declaration
                  of Service)(Pinal, Randall) (Entered: 07/27/2009)
07/27/2009   31   REPLY to Plaintiff's Objection to Defendants' Request for Judicial
                  Notice in Support of Motion to Dismiss Amended Complaint and
                  Further Request for Judicial Notice filed by Defendants The State of
                  California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments:
                  # 1 Exhibit F, # 2 Exhibit G, # 3 Declaration of Service)(Pinal,
                  Randall) (Entered: 07/27/2009)
09/04/2009   33   ORDER GRANTING MOTION TO DISMISS AMENDED
                  COMPLAINT by Judge Virginia A. Phillips: 22 . The Court
                  GRANTS the Motion as to the first claim WITHOUT LEAVE TO
                  AMEND. (am) (Entered: 09/08/2009)
09/14/2009   34   MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE
                  DISMISSAL FOR LACK OF PROSECUTION held before Judge
                  Virginia A. Phillips: Plaintiff(s) is ordered to show cause in writing
                  no later than October 13, 2009, why this action should not be
                  dismissed for lack of prosecution. (am) (Entered: 09/14/2009)
10/01/2009   35   SECOND AMENDED COMPLAINT against defendants Selvi
                  Stanislaus, Arnold Schwarzenegger; Party The State of California
                  terminated amending Amended Complaint, 13 ,filed by plaintiff
                  Twenty-Nine Palms Band of Mission Indians (am) (Entered:
                  10/05/2009)
10/01/2009   36   AMENDED CERTIFICATE of Interested Parties filed by plaintiff
                  Twenty-Nine Palms Band of Mission Indians, (am) (Entered:
                  10/05/2009)
10/01/2009   37   AMENDED NOTICE of Related Case(s) filed by plaintiff Twenty-
                  Nine Palms Band of Mission Indians. (am) (Entered: 10/05/2009)
10/01/2009   38   AMENDED PROOF OF SERVICE filed by plaintiff Twenty-Nine
                  Palms Band of Mission Indians, re Notice of Related Case(s) 37 ,
                  Certificate/Notice of Interested Parties 36 , Amended Complaint 35
                  served on 10/1/09. (am) (Entered: 10/05/2009)
10/01/2009   39   NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by
                  Judge Virginia A. Phillips ORDERING Second Amended
                  Complaint; Amended Certification; Amended Notice of Related
                  Case submitted by Plaintiff Twenty-Nine Palms Band of Mission
                  Indians received on 10/1/09 to be filed and processed; filed date to
                  be the date the document was stamped Received but not Filed with
                  the Clerk. (am) (Entered: 10/05/2009)
10/06/2009   40   MINUTES OF IN CHAMBERS ORDER NOTICE -
                  DISCHARGING ORDER TO SHOW CAUSE (OSC) held before
                  Judge Virginia A. Phillips: Counsel are hereby notified that the
                  Minutes, Doc. No. 34 (OSC) issued in this matter has been satisfied
                  by virtue of the filing of Plaintiff's Second Amended Complaint on
                  October 1, 2009, Doc. No. 35). Accordingly, the OSC is hereby
                  discharged. (am) (Entered: 10/07/2009)
10/20/2009   41   STIPULATION for Extension of Time to File Response as to
                  Amended Complaint 35 filed by Defendants The State of California,
                  Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1
                  Proposed Order, # 2 Declaration of Service)(Pinal, Randall)
                  (Entered: 10/20/2009)
10/21/2009   42   ORDER EXTENDING TIME TORESPOND TO SECOND
                  AMENDED COMPLAINT granting defendants Selvi Stanislaus
                  answer due 10/30/2009; Arnold Schwarzenegger answer due
                  10/30/2009 by Judge Virginia A. Phillips (am) (Entered:
                  10/22/2009)
10/29/2009   43   STIPULATION for Extension of Time to File Response as to
                  Amended Complaint 35 filed by Defendants The State of California,
                  Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1
                  Proposed Order, # 2 Declaration of Service)(Pinal, Randall)
                  (Entered: 10/29/2009)
11/06/2009   44   NOTICE OF MOTION AND MOTION to Dismiss Second
                  Amended Complaint filed by Defendants Selvi Stanislaus, Arnold
                  Schwarzenegger. Motion set for hearing on 1/18/2010 at 10:00 AM
                  before Judge Virginia A. Phillips. (Attachments: # 1 Memorandum
                  of Points and Authorities, # 2 Request for Judicial Notice, # 3
                  Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E,
                  # 8 Exhibit F, # 9 Exhibit G-Part 1, # 10 Exhibit G-Part 2, # 11
                  Exhibit G-Part 3, # 12 Exhibit G-Part 4, # 13 Exhibit G-Part 5, # 14
                  Exhibit G-Part 6, # 15 Exhibit G-Part 7, # 16 Declaration of
                  Service)(Pinal, Randall) (Entered: 11/06/2009)
11/10/2009   45   NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
                  Documents. The following error(s) was found: Hearing date is a
                  Court Holiday RE: MOTION to Dismiss Second Amended
                  Complaint 44 . In response to this notice the court may order (1) an
                  amended or correct document to be filed (2) the document stricken
                  or (3) take other action as the court deems appropriate. (ad)
                  (Entered: 11/10/2009)
11/12/2009   46   NOTICE Revised of Motion to Dismiss Second Amended
                  Complaint filed by Defendants Selvi Stanislaus, Arnold
                  Schwarzenegger. (Attachments: # 1 Certificate of Service)(Pinal,
                  Randall) (Entered: 11/12/2009)

								
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