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Ryan Harvey, et al. v. UTE Indian Tribe of the Uintah and Ouray Reservation, et al.

Paid petition · Supreme Court of Utah, No. 20160362 · judgment November 7, 2017

Certiorari denied · January 7, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Questions presented

  1. Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.

  2. Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court’s jurisdiction.

Counsel of record

For petitioner
William Spencer Consovoy
Consovoy McCarthy PLLC

For respondent
Daniel S. Press
Van Ness Feldman

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
17A743

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 18 2018
    Supplemental brief of petitioners Ryan Harvey, et al. filed.
  4. Dec 04 2018
    Brief amicus curiae of United States filed.
  5. Jun 25 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  6. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  7. Jun 05 2018
    Reply of petitioners Ryan Harvey, et al. filed. (Distributed)
  8. May 21 2018
    Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation; et al. in opposition filed.
  9. May 07 2018
    Motion to extend the time to file a response is granted in part and the time is further extended to and including May 21, 2018, for all respondents.
  10. May 06 2018
    Response to motion to extend the time to file a response from petitioner Ryan Harvey, et al. filed.
  11. May 04 2018
    Motion to extend the time to file a response from May 14, 2018 to June 13, 2018, submitted to The Clerk.
  12. Apr 13 2018
    Brief amici curiae of State of Utah filed.
  13. Apr 02 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2018, for all respondents.
  14. Mar 30 2018
    Letter from counsel for respondents Ute Indian Tribe of the Uintah and Ouray Reservation, et al. submitted.
  15. Mar 28 2018
    Motion to extend the time to file a response from April 13, 2018 to May 14, 2018, submitted to The Clerk.
  16. Mar 07 2018
    Petition for a writ of certiorari filed. (Response due April 13, 2018)
  17. Jan 16 2018
    Application (17A743) granted by Justice Sotomayor extending the time to file until March 7, 2018.
  18. Jan 11 2018
    Application (17A743) to extend the time to file a petition for a writ of certiorari from February 5, 2018 to March 7, 2018, submitted to Justice Sotomayor.
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