US v. Menominee Tribal Enterprises — Discovery Abuses and Tribal Sovereign Immunity

This case is a wild one. In it, the U.S. is suing Menominee Tribal Enterprises under the False Claims Act for over a million in damages. Bad news. Paraphrasing the DCT here, MTE responded with a very aggressive defense, with massive discovery requests a major feature. Then MTE posts the papers it receives on its website (here). The Menominee Indian Tribe is involved because one of their council members has been subpoenaed by MTE.

From the DCT’s order:

the United States’ motion for a protective order barring MTE’s dissemination of discovery materials on its website and its motion to seal the deposition of Douglas Cox are denied. The Tribe’s motion to quash the subpoena compelling the deposition of Lisa Waukau is granted, and MTE’s motion to compel the production of BIA invoices, invoice review policies, and related documents is denied.

Complaint [there are answers and counterclaims, too, but I’ll leave those out]

Menominee Tribe Motion for Protective Order [council member subpoena]

MTE Opposition to Tribe Motion

US Brief Supporting Tribe Motion

US Motion to Seal [Whistleblower]

MTE Opposition to Motion to Seal

US Motion for Protective Order [discovery abuses]

MTE Opposition to US Motion

MTE Motion to Compel [more doc requests]

US Response to Motion to Compel

DCT Order