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Docket for 21-1484

No. 21-1484 Vide 22-51

Title:	Arizona, et al., Petitioners v. Navajo Nation, et al.
Docketed:	May 25, 2022
Lower Ct:	United States Court of Appeals for the Ninth Circuit
Case Numbers:	(19-17088)
Decision Date:	February 17, 2022
Questions Presented

Proceedings and Orders

May 17 2022

Petition for a writ of certiorari filed. (Response due June 24, 2022)
Petition Appendix Certificate of Word Count Proof of Service

Jun 16 2022

Waiver of right of respondent Navajo Nation to respond filed.
Main Document Proof of Service

Jun 17 2022

Waiver of right of respondent Arizona Power Authority to respond filed.
Main Document

Jun 21 2022

Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk.
Main Document

Jun 23 2022

Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022.

Jul 15 2022

Memorandum of respondents Department of the Interior, et al. filed.
Main Document Proof of Service

Jul 21 2022

Motion of the Navajo Nation seeking an extension of time to file a response from July 25, 2022 to September 23, 2022, submitted to The Clerk.
Main Document

Jul 22 2022

The motion of the Navajo Nation is granted and the time to file a response is extended to and including September 23, 2022.

Sep 23 2022

Brief of respondent Navajo Nation in opposition filed.
Main Document Proof of Service Certificate of Word Count

Oct 07 2022

Reply of petitioners Arizona, et al. filed. (Distributed)
Main Document Proof of Service Certificate of Word Count

Oct 12 2022

DISTRIBUTED for Conference of 10/28/2022.

Oct 31 2022

DISTRIBUTED for Conference of 11/4/2022.

Nov 04 2022

Petition GRANTED. The petition for a writ of certiorari in No. 22-51 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

Nov 04 2022

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1484. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1484. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Dec 19 2022

Brief of the Federal Parties filed. VIDED.
Main Document Certificate of Word Count

Dec 19 2022

Joint appendix filed. VIDED. (Statement of cost filed.)
Main Document Proof of Service

Dec 19 2022

Brief of Colorado filed (as to 21-1484).
Main Document Certificate of Word Count Proof of Service

Dec 19 2022

Brief of Arizona, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service

Dec 27 2022

Brief amici curiae of Western Water Users and Trade Associations filed. VIDED.
Main Document Certificate of Word Count Proof of Service

Dec 27 2022

Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party (also in 22-51) filed. VIDED.
Main Document Proof of Service

Dec 28 2022

Motion of respondent Navajo Nation for an extension of time filed. VIDED.
Main Document

Jan 03 2023

Motion to extend the time to file the brief on the merits of respondent Navajo Nation is granted and the time is extended to and including February 1, 2023. VIDED.

Jan 31 2023

SET FOR ARGUMENT on Monday, March 20, 2023. VIDED.

Feb 01 2023

Brief of respondent Navajo Nation filed. VIDED
Main Document Proof of Service Certificate of Word Count

Feb 03 2023

Record requested from the U.S.C.A. for the Ninth Circuit. VIDED.

Feb 03 2023

All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically.

Feb 07 2023

Motion for divided argument filed by the Solicitor General. VIDED.
Main Document Proof of Service

Feb 08 2023

Amicus brief of Coalition of Large Tribes not accepted for filing. (February 09, 2023 - corrected efiling to be submitted).

Feb 08 2023

Brief amicus curiae of Coalition of Large Tribes filed. VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count

Feb 08 2023

Brief amici curiae of Historians filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service

Feb 08 2023

Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed. VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count

Feb 08 2023

Brief amici curiae of Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service

Feb 08 2023

Brief amicus curiae of Diné Hataalii Association, Inc. filed. VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count

Feb 08 2023

Brief amici curiae of Tribal Nations and Indian Organizations filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service Other

Feb 08 2023

Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service

Feb 08 2023

Brief amici curiae of Lawrence J. MacDonnell, et. al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service

Feb 08 2023

Brief amici curiae of DigDeep Right to Water Project, et al. filed (Feb.14, 2023). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service

Feb 10 2023

CIRCULATED

Mar 03 2023

Reply of Arizona, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service

Mar 03 2023

Reply of Colorado filed (as to 21-1484). (Distributed)
Main Document Certificate of Word Count Proof of Service

Mar 03 2023

Reply of Federal Parties filed. VIDED. (Distributed)
Main Document Certificate of Word Count

Mar 17 2023

Motion for divided argument filed by the Solicitor General GRANTED. VIDED.

Mar 20 2023

Argued. For federal parties: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For state parties: Rita P. Maguire, Phoenix, Ariz. For Navajo Nation: Shay Dvoretzky, Washington, D. C. VIDED.

Apr 07 2023

Letter filed. VIDED. (Distributed)
Main Document

Jun 22 2023

Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.

Jul 24 2023

Judgment issued.
Main Document

Attorneys

Attorneys for Petitioners

Rita Pearson Maguire
Counsel of Record

Rita P. Maguire, Attorney at Law, PLLC
4139 N. 49th Place
Phoenix, AZ 85018
rmaguire@azwaterlaw.com
Ph: 602-277-2197
Party name: State of Arizona, State of Nevada, State of Colorado, The Metropolitan Water District of Southern California, et al.

Eric Reuel Olson
Counsel of Record

Solicitor General
1300 Broadway
10th Floor
Denver, CO 80203
eric.olson@coag.gov
Ph: 7205086548
Party name: State of Colorado

Attorneys for Respondents

Shay Dvoretzky
Counsel of Record

Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Ave., NW
Washington, DC 20005
shay.dvoretzky@skadden.com
Ph: 202-371-7370
Party name: Navajo Nation

Elizabeth B. Prelogar
Counsel of Record

Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Department of the Interior, et al.

Dena R. Benjamin

Office of the Attorney General
2005 N. Central Avenue
Pnoenix, AZ 85004
dena.benjamin@azag.gov
Ph: 602-542-7717
Party name: Arizona Power Authority

Alice Elizabeth Walker

Meyer, Walker & Walker, P.C.
1007 Pearl Street Suite 220
Suite 220
Boulder, CO 80302
awalker@mmwclaw.com
Ph: 3034422021
Party name: Navajo Nation

Other Attorneys

Frances Clare Bassett
Counsel of Record

Patterson Earnhart Real Bird & Wilson LLP
1900 Plaza Drive
Louisville, CO 80027
FBASSETT@NATIVELAWGROUP.COM
Ph: 303-926-5292
Party name: Ute Indian Tribe of the Uintah and Ouray Reservation

Elizabeth Graber Bentley
Counsel of Record

University of Minnesota Law School
Walter F. Mondale Hall
229 19th Avenue South
Minneapolis, MN 55455
EBENTLEY@UMN.EDU
Ph: 612-625-7809
Party name: DigDeep Right to Water Project and Utah Tribal Relief Foundation

Troy A. Eid
Counsel of Record

Greenberg Traurig LLP
1144 15th Street
Suite 3300
Denver, CO 80202
EIDT@GTLAW.COM
Ph: 3035726521
Party name: Coalition of Large Tribes

Patricia Ferguson-Bohnee
Counsel of Record

Indian Legal Clinic
Sandra Day O'Connor College of Law Public Interest Law Firm
111 East Taylor Street, MC 8820
Phoenix, AZ 85004
pafergus@asu.edu
Ph: 4807270420
Party name: Diné Hataałii Association, Inc.

Burke William Griggs
Counsel of Record

Washburn University School of Law
1700 SW College Ave.
Topeka, KS 66621
BURKE.GRIGGS@WASHBURN.EDU
Ph: (785) 670-1666
Party name: Lawrence J. MacDonnell, et. al.

Richard W Hughes
Counsel of Record

Rothstein Donatelli LLP
1215 Paseo de Peralta
Santa Fe, NM 87501
RWHUGHES@ROTHSTEINLAW.COM
Ph: 505-988-8004
Party name: Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins

Lawrence A. Kogan
Counsel of Record

The Kogan Law Group, P.C.
100 United Nations Plaza
Suite 14F
New York, NY 10017
lkogan@koganlawgroup.com
Ph: 917-565-1521
Party name: Citizens Equal Rights Foundation

Jeremy Charles Marwell
Counsel of Record

Vinson & Elkins LLP
2200 Pennsylvania Avenue, NW, Suite 500W
Washington, DC 20037
jmarwell@velaw.com
Ph: 202-639-6507
Party name: Western Water Users and Trade Associations

Leonard Ritchie Powell
Counsel of Record

Jenner & Block LLP
1099 New York Ave NW Suite 900
Washington, DC 20001
LEONARDPOWELL@JENNER.COM
Ph: 202-639-6000
Party name: Historians

Thomas Harrold Shipps
Counsel of Record

Maynes, Bradford, Shipps et al
835 East Second Avenue
Suite 123
Durango, CO 81301
TSHIPPS@MBSSLLP.COM
Ph: (970) 247-1755
Party name: Southern Ute Indian Tribe and Ute Mountain Ute Tribe

Heather Daphne Whiteman Runs Him
Counsel of Record

Rogers College of Law, University of Arizona
1145 N Mountain Ave
PO Box 210176
Tucson, AZ 85721
WHITEMANRUNSHIM@ARIZONA.EDU
Ph: 5206269762
Party name: Tribal Nations and Indian Organizations