ALTO v. SALAZAR

No. 11cv2276-IEG(BLM).

ALBERT P. ALTO, et al., Plaintiffs, v. KEN SALAZAR, Secretary of the Department of the Interior — United States of America; LARRY ECHO HAWK, Assistant 78] Secretary of the Department of Interior-Indian Affairs-United States of America; MICHAEL BLACK, Director of the Bureau of Indian Affairs of Department of Interior-United States of America; ROBERT EBEN, Superintendent of the Department of Interior Indian Affairs, Southern California Agency, in their official capacity, Defendants.

United States District Court, S.D. California.

June 13, 2012.


Attorney(s) appearing for the Case

Albert P. Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Andre E. Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Anthony Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Brandon Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Christy Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Christopher J. Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Daniel J. Alto, Jr., Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Daniel J. Alto, Sr., Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Dominique N. Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Raymond E. Alto, Sr., Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Raymond E. Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Raymond J. Alto, as Representative for Ben Alto, deceased, Marcus M. Alto, deceased, Marcus R. Alto, deceased, David Gomez, deceased, Susan Martinez, deceased, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Robert Alto, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Roland J. Alto, Sr., Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Victoria Ballew, (Alto), Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Angela Ballon, (Martinez-McNeal), Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Juan J. Ballon, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Rebecca Ballon, (Alto), individuals, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Ruby Ballon, individuals, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Janice J. Banderas, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Peter Banderas, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Victor Banderas, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

David A. Brokiewicz, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Diana Brokiewicz, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Patricia D. Brokiewicz, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Monica Diaz, (Sepeda), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Anthony Forrester, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Dustin Forrester, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Johanna Forrester, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Sarah Forrester, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Ernest Gomez, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Henrietta Gomez, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Kathleen M. Gomez, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Humberto R. Green, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Lydia Green, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Paul Anthony Green, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Mary Jo Hurtado, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Justin A. Islas, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Cynthia Ledesma, (Sepeda), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Destiny C. Ledesma, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Amanda M. Minges, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Isabelle M. Sepeda, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Lupe Sepeda, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Deborah L. Vargas, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Desiree Vargas, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Jeremiah Vargas, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Jessiah Vargas, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Terry Weight, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Jason Alto, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Carol Edith Cavazos, (Alto), individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Aimee Renae Diaz, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Daniel Gomez, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Lisa Gomez Huntoon, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Christine Martinez, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Marlene M. Martinez, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Cassandra Sepeda, individual, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Pamela J. Alto, as Guardian ad litem, Marcus M. Green, a minor, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Pedro Banderas, as Guardian Ad Litem for Reina A. Banderas, a minor, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Dawn Castillo, as Guardian Ad Litem for Alexis N. Ledesma, a minor, and Jesse Ledesma, a minor, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Maria A. Perez-Rolon, as Guardian Ad Litem for Roland J. Alto Jr., and minor, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Martin Diaz, as Guardian Ad Litem for Jessica Diaz, a minor, Toni L. Diaz, a minor and Jacob Sepeda, a minor, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Donald Martinez, as Guardian Ad Litem for Donelle Martinez, a minor, Justine Martinez, a minor, and Sabrina Martinez, a minor, Plaintiff, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Ken Salazar, Secretary of the Department of Interior-United States of America, in their official capacity, Defendant, represented by Ernest Cordero, Jr. , U.S. Attorney's Office, Southern District of California, Civil Division, George Vincent Manahan , U S Attorney's Office, Southern District of California, Kenneth Rooney , United States Department of Justice, Environment & Natural Resources Division, PRO HAC VICE & Thomas C Stahl , U S Attorneys Office Southern District of California.

Larry Echo Hawk, Assistant Secretary of the Department of Interior-Indian Affairs — United States of America, in their official capacity, Defendant, represented by Ernest Cordero, Jr. , U.S. Attorney's Office, Southern District of California, George Vincent Manahan , U S Attorney's Office, Kenneth Rooney , United States Department of Justice, PRO HAC VICE & Thomas C Stahl , U S Attorneys Office Southern District of California.

Michael Black, Director of the Bureau of Indian Affairs of Department of Interior — United States of America, in their official capacity, Defendant, represented by Ernest Cordero, Jr. , U.S. Attorney's Office, Southern District of California, George Vincent Manahan , U S Attorney's Office & Kenneth Rooney , United States Department of Justice, PRO HAC VICE.

Michael Black, Director of the Bureau of Indian Affairs of Department of Interior — United States of America, in their official capacity, Defendant, represented by Thomas C Stahl , U S Attorneys Office Southern District of California.

Robert Eben, Superintendent of the Department of Interior Indian Affairs, Southern California Agencym in their official capacity, Defendant, represented by Ernest Cordero, Jr. , U.S. Attorney's Office, Southern District of California, George Vincent Manahan , U S Attorney's Office, Kenneth Rooney , United States Department of Justice, PRO HAC VICE & Thomas C Stahl , U S Attorneys Office Southern District of California.

DOE, Defendants, 1 through 10, inclusive, Defendant, represented by Ernest Cordero, Jr. , U.S. Attorney's Office, Southern District of California, George Vincent Manahan , U S Attorney's Office, Thomas C Stahl , U S Attorneys Office Southern District of California & Kenneth Rooney , United States Department of Justice.

Pedro Banderas, Guardian Ad Litem Party, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Martin Diaz, Guardian Ad Litem Party, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Donald Martinez, Guardian Ad Litem Party, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Dawn Castillo, Guardian Ad Litem Party, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Pamela J. Alto, Guardian Ad Litem Party, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

Maria A. Perez-Rolon, Guardian Ad Litem Party, represented by Thor Olav Emblem , Law Offices of Thor O Emblem.

San Pasqual Band of Mission Indians, Amicus, represented by Geoffrey Strommer , Hobbs, Strauss, Dean & Walker, LLP & Timothy C. Seward , Hobbs Straus Dean and Walker.


Order Denying in Part and Reserving Ruling in Part on Tribe's Motion to Dismiss [Doc. 70]; Denying Motion to Dissolve Preliminary Injunction [Doc. 68]; Granting Motions to File Briefs in Excess of Page Limits [Docs. 68, 70, 78]

IRMA E. GONZALEZ, Chief District Judge.

Plaintiffs, collectively known as the "Marcus Alto Sr. Descendants," seek declaratory and injunctive relief from a January 28, 2011 order issued by Defendant Assistant Secretary Echo Hawk finding...

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