Case: Meyers and The Navajo Nation v. The United States of America

Meyers v. Bd of Ed San Juan

Meyers v. Board of Education of the San Juan County School District

Meyers v. Board of Education of the San Juan County School District

Meyers v. Board of Education of the San Juan County School District

Complaint filed, assigned to Judge Bruce S. Jenkins. Receipt #: 57036. (ss) (Entered: 12/06/1993)

Return of summons executed as to Bd of Ed San Juan 12/10/93 c/o Gerald Mikesell. Answer due on 12/30/93 for Bd of Ed San Juan (ce) (Entered: 12/16/1993)

Motion/Notice by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation to certify class action (ce) (Entered: 12/27/1993)

Order, denying dfts' motion for consolidating cases 93-C-1080J and 74-C-346-A signed by AJA, 12/27/93; cc:attys (Entered: 01/04/1994)

Motion by Lena Meyers, Jamie R. Holgate for Sarah A. Krakoff, Esq. to appear pro hac vice for pla Meyers & Holgate (ce)

Order granting [0-1] motion for Sarah A. Krakoff, Esq. to appear pro hac vice for pla Meyers & Holgate signed by BSJ 1/4/94. cc:atty (ce) (Entered: 01/05/1994)

Notice of attorney appearance for Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer by Sarah Krakoff, pro hace (ce) (Entered: 01/05/1994)

Acknowledgement of service as to Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black 1/3/94 Answer due on 1/23/94 for Pete Black, for Paul Mantz, for Neil Crank, for Bill Todachennie, for Preston Nielson, for Bd of Ed San Juan. Dfts also served pla's first req/doc; first set interrog & first set req/admiss (ce) (Entered: 01/05/1994)

Memorandum filed by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer re Rule 26(a)(1) Discovery Disclosure (ce) (Entered: 01/05/1994)

Motion by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs (ce) (Entered: 01/20/1994)

Memorandum by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black in support of [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs (ce) (Entered: 01/20/1994)

Alternative Motion by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black for dismissal as to paragraphs 17 & 30 of pla's cmp (ce) Modified on 01/20/1994 (Entered: 01/20/1994)

Memorandum by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black in support of [11-1] alternative motion for dismissal as to paragraphs 17 & 30 of pla's cmp (ce) (Entered: 01/20/1994)

Alternative Motion by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black to stay proceedings (ce) (Entered: 01/20/1994)

Memorandum by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black in support of [13-1] alternative motion to stay proceedings (ce) (Entered: 01/20/1994)

Clerk's mailing of certificate of acknowledgement of alternative dispute resolution option. Mailed to: Eric Swenson & Sarah Krakoff (pla); Brinton Burbidge (dfts) (ce)

Notice of Hearing filed : Motion hearing set for 2:30 3/7/94 for [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs JUDGE: BSJ. cc: atty (ce) (Entered: 01/26/1994)

Notice of Hearing filed : Status Report and Scheduling Conference set for 2:30 3/7/94 JUDGE: BSJ. cc: atty (ce) (Entered: 01/26/1994)

Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in opposition to [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs (ce) (Entered: 02/04/1994)

Joint Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in opposition to [13-1] motion to stay proceedings (ce) (Entered: 02/07/1994)

Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in opposition to [11-1] motion for dismissal as to paragraphs 17 & 30 of pla's cmp (ce) (Entered: 02/07/1994)

Certificate of election filed by plaintiff Jamie R. Holgate Retain case in crt's traditional litigation track. Party address: Jamie Holgate, pla & party representative, P.O. Box 10070, Tonalea, AZ 86044 (ce) (Entered: 02/09/1994)

Memorandum by Navajo Nation in opposition to [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs (ce) (Entered: 02/09/1994)

Certificate of election filed by defendant Bd of Ed San Juan Refer to: mediation Party address: Supt. Jerald Mikesell, San Juan County School District, 17 North 1st East, Monticello, Ut 84535 (ss) (Entered: 02/18/1994)

Reply by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black to response to [13-1] motion to stay proceedings (ss) (Entered: 02/18/1994)

Reply by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black to response to [11-1] motion for dismissal as to paragraphs 17 & 30 of pla's cmp (ss) (Entered: 02/18/1994)

Reply by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black to response to [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs (ce) (Entered: 02/28/1994)

Notice of Hearing filed by plaintiff Lena Meyers, plaintiff Jamie R. Holgate, plaintiff Leo Manheimer, plaintiff Sara Manheimer, plaintiff Robert Johnson, plaintiff Lenora Manheimer, plaintiff Navajo Nation : Motion hearing set for 2:30 3/7/94 for [13-1] motion to stay proceedings, set for 2:30 3/7/94 for [11-1] motion for dismissal as to paragraphs 17 & 30 of pla's cmp, set for 2:30 3/7/94 for [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs JUDGE: BSJ (ce) (Entered: 02/28/1994)

Affidavit of Heber Black (ce) (Entered: 02/28/1994)

Supplemental Exhibit filed by plaintiff Navajo Nation to memo of law in oppo to mot/dism for failure to join an indispensable party (ce) (Entered: 03/04/1994)

REPORT of Planning Meeting (ce) (Entered: 03/07/1994)

Memorandum/Letter of Supplemental Authority filed by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Navajo Nation (ce) (Entered: 03/07/1994)

Minute entry: withdrawing [13-1] motion to stay proceedings; denying [11-1] motion for dismissal as to paragraphs 17 & 30 of pla's cmp; denying [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs. The question of class certiication was discussed. The court stated that if the plaintiffs or defs are going to add add'l ptys they should do so by 4/8/94. The court set this matter down for a status & sched. conf. as noted below. Status Report and Scheduling Conference set for 1:50 4/18/94 ; Judge: Hon. Bruce S. Jenkins Court Reporter: Karen Murakami Court Deputy: Lois Wallberg (Entered: 03/08/1994)

Order denying [11-1] motion for dismissal as to paragraphs 17 & 30 of pla's cmp signed by BSJ, 3/15/94. cc: atty (ce) (Entered: 03/15/1994)

Order denying [9-1] motion to dismiss for failure to join an indispensable party - The Bureau of Indian Affairs signed by BSJ, 3/15/94. cc: atty (ce) (Entered: 03/15/1994)

Answer to Complaint by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black (ce) (Entered: 03/22/1994)

Certificate of service by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black re dfts resp to pla's first set req/admiss (ce) (Entered: 03/22/1994)

Transcript of Proceedings for dates of 3/7/94 Motion hearings (ss)

Amended Notice of Hearing filed : Status Report and Scheduling Conference set for 8:30 6/7/94 JUDGE: BSJ (ss) (Entered: 04/15/1994)

Certificate of service by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation re pla's amended 1st set of interrog (ss) (Entered: 05/19/1994)

Certificate of service by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation re pla's amended 1st set of req for doc (ss) (Entered: 05/19/1994)

Stipulation by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation, Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black stipulated motion to continue scheduling cnf from 6/7/94 until 6/21/94 @9:30 (ss) (Entered: 06/16/1994)

Status Report and Scheduling Conference set at 9:30 6/21/94 (kj)

Certificate of service by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black re dft's ans and obj to pla's amd 1st set of interrog and dft's response to pla's amd 1st set of req for pro/doc (ss) (Entered: 06/20/1994)

Minute entry:, Status Report and Scheduling Conference set for 1:30 7/13/94. Mr. Eric Swenson stated he had done some discovery but would be filing a motion for preliminary injunction not later than 7/8/94; Bd of Education will file a response accordingly. Court granted leave to the State of Utah to file an amicus brief and the brief will be filed by 7/8/94. The court set this matter down for further status & sched conf on 7/13/94 at 1:30 P.M. The court will also make available for cnsl a settlement conf meeting in Room 140 on 7/8/94 at 9:30 A.M. located in the Frank E. Moss Bldg., 350 South Main St., SLC. The court stated to Mr. Swenson to extend this invitation to the BIA and the Govt. to attend this meeting. Court urged the parties to try and resolve this litigation and to have people at the meeting who can speak with authority. Judge: Hon. Bruce S. Jenkins Court Reporter: Kelly Hicken Court Deputy: Lois Wallberg (Entered: 06/22/1994)

Joint motion by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation for leave to file overlength memorandum in support of plas' motion for preliminary injunction (Entered: 06/28/1994)

Jt Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in support of [42-1] joint motion for leave to file overlength memorandum in support of plas' motion for preliminary injunction (Entered: 06/28/1994)

Order granting [42-1] joint motion for leave to file overlength memorandum in support of plas' motion for preliminary injunction signed by BSJ,6/30/94 (ss) (Entered: 07/01/1994)

Motion by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black for leave to file overlength memorandum (ss) (Entered: 07/06/1994)

Joint motion by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation for preliminary injunction (ss) (Entered: 07/07/1994)

Joint Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in support of [46-1] joint motion for preliminary injunction (ss) (Entered: 07/07/1994)

Motion by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation to certify class action (ss) (Entered: 07/07/1994)

Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in support of [48-1] motion to certify class action (ss) (Entered: 07/07/1994)

Errata to [47-1] support memorandum filed by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation . (ss) (Entered: 07/13/1994)

Minute entry:, Status Report and Scheduling Conference held, Discussion held. Defs advise Crt that a proposal will be tendered on July 18th or 19th. Further, Status Report and Scheduling Conference set for 1:20 7/29/94, ; Judge: BSJ Court Reporter: Karen Murakami Court Deputy: Michael R. Weiler (Entered: 07/15/1994)

Order granting [45-1] motion for leave to file overlength memorandum signed by BSJ,7/19/94 (ss) (Entered: 07/19/1994)

Joint motion by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation for leave to file overlength memo in support (ss) (Entered: 08/01/1994)

Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in support of [53-1] joint motion for leave to file overlength memo in support (ss) (Entered: 08/01/1994)

Minute entry:, scheduling order deadlines: setting Discovery deadline on 11/30/94 Deadline for filing of all motions by 12/15/94 Deadline for Hearing of all Motions 1/3/95 Final Pretrial Conference for 1:30 2/10/95, Parties indicated agreement to be submitted by written order on or before 8/12/94. Crt sets following scheduling deadlines above. Mr. Boos to submit two proposed orders as to (1) agreement, and (2) scheduling order ; Judge: BSJ Court Reporter: Kelly Hicken Court Deputy: Michael R. Weiler (Entered: 08/02/1994)

Proposed order from Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation re: overlength memo in support (ss)

Response by Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black to [48-1] motion to certify class action (ss) (Entered: 08/02/1994)

Order granting [53-1] joint motion for leave to file overlength memo in support of motion for ptl sum/jgm signed by BSJ, 8/1/94 (ss) (Entered: 08/02/1994)

Certificate of service by Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black re dft's 1st of req for pro/doc, (ss) (Entered: 08/03/1994)

Reply by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation to response to [48-1] motion to certify class action (ss) (Entered: 08/10/1994)

Motion by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black for summary judgment (ss) (Entered: 08/17/1994)

Exhibits filed by defendant Bd of Ed San Juan, defendant Preston Nielson, defendant Bill Todachennie, defendant Neil Crank, defendant Paul Mantz, defendant Pete Black RE: Motion for sum/jgm (ss) (Entered: 08/17/1994)

Memorandum by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black in support of [60-1] motion for summary judgment (ss) (Entered: 08/17/1994)

Affidavit of Joan C. Reid (ss) (Entered: 08/17/1994)

Affidavit of Heber Black (ss) (Entered: 08/17/1994)

Affidavit of Kent Tibbitts (ss) (Entered: 08/17/1994)

Order [46-1] joint motion for preliminary injunction stayed re: room and board expenses for students; for more specifics see order in file signed by BSJ, 8/18/94 (ss) (Entered: 08/23/1994)

Motion by Navajo Nation for protective order (ss) (Entered: 08/22/1994)

Memorandum by Navajo Nation in support of [66-1] motion for protective order (ss) (Entered: 08/22/1994)

Certificate of service by Navajo Nation re response to dft's 1st set of req for pro/doc (ss) (Entered: 08/22/1994)

Notice of filing by Navajo Nation re attorney's certificate purs to Rule 26(c) (ss) (Entered: 08/22/1994)

Joint motion by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation for partial summary judgment (ss) (Entered: 08/26/1994)

Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in support of [71-1] joint motion for partial summary judgment (ss) (Entered: 08/26/1994)

Addendum to [71-1] joint motion for partial summary judgment filed by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation . (ss) (Entered: 08/26/1994)

Scheduling order Setting Deadline for filing of all motions 12/15/94 Discovery cutoff 11/30/94 Final Pretrial Conference for 1:30 2/10/95 ( Signed by Judge Bruce S. Jenkins ) (ss) (Entered: 08/26/1994)

Motion to intervene by USA (ce) (Entered: 09/01/1994)

Memorandum by USA in support of [75-1] motion to intervene by USA (ce) (Entered: 09/01/1994)

Notice of filing by USA Certificate of the Atty Gen'l that this action is of general public importance (ce) (Entered: 09/01/1994)

Memorandum by Lena Meyers, Jamie R. Holgate in support of [75-1] motion to intervene by USA (ce) (Entered: 09/06/1994)

Certificate of service by Lena Meyers, Jamie R. Holgate re plas' resp to dfts req/prod doc (ce) (Entered: 09/06/1994)

Notice of Hearing filed : Motion hearing set for 1:30 9/27/94 for [66-1] motion for protective order JUDGE: BSJ (ss) (Entered: 09/12/1994)

Notice of Hearing filed : Motion hearing set for 9:30 10/25/94 for [75-1] motion to intervene by USA, set for 9:30 10/25/94 for [71-1] joint motion for partial summary judgment, set for 9:30 10/25/94 for [60-1] motion for summary judgment, set for 9:30 10/25/94 for [48-1] motion to certify class action, set for 9:30 10/25/94 for [46-1] joint motion for preliminary injunction JUDGE: BSJ (ss) (Entered: 09/12/1994)

Memorandum by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black in opposition to [66-1] motion for protective order (ss) (Entered: 09/13/1994)

Motion by USA for Lawrence R. Baca to appear pro hac vice (ss)

Order granting [0-1] motion for Lawrence R. Baca to appear pro hac vice signed by BSJ (ss) (Entered: 09/15/1994)

Addendum to [82-1] opposition memorandum filed by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black . (ss) (Entered: 09/20/1994)

Reply by Navajo Nation to response to [66-1] motion for protective order (ss) (Entered: 09/23/1994)

Motion by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation for leave to file overlength memo in opp (ss) (Entered: 09/23/1994)

Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in support of [86-1] motion for leave to file overlength memo in opp (ss) (Entered: 09/23/1994)

Proposed order from Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation re: filing overlength memo in opp to mot for sum/jgm (ss)

Order granting [86-1] motion for leave to file overlength memo in opp signed by BSJ (ss) (Entered: 09/26/1994)

Order, extending time for pla's to respond to dft's motion for sum/jgm up to and including 9/30/94 signed by BSJ (ss) (Entered: 09/27/1994)

Minute entry: Argument and discussion heard. Crt granting [75-1] motion to intervene by USA, denying [66-1] motion for protective order, Mr. Boos to get national budget, qtrly reports, hd start reports, rpts fm U.S. for Bureau schools, best estimate of K-12 students to opposing cnsls within 10 days. Crt stays remainder of requests. Mr. Boos will submit order. ; Judge: BSJ Court Reporter: Kelly Hicken Court Deputy: Michael R. Weiler (Entered: 09/29/1994)

Intervenor's complaint filed by intervenor-plaintiff USA, as against Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black (ss) (Entered: 10/27/1994)

Joint Memorandum by Lena Meyers, Jamie R. Holgate, Leo Manheimer, Sara Manheimer, Robert Johnson, Lenora Manheimer, Navajo Nation in opposition to [60-1] motion for summary judgment (ss) (Entered: 09/30/1994)

Motion by Bd of Ed San Juan, Preston Nielson, Bill Todachennie, Neil Crank, Paul Mantz, Pete Black for leave to file overlength memo (ss) (Entered: 10/03/1994)