Here: LDF Corrected Brief, and LDF Corrected Addendum.
Apparently, the jurisdictional issue is whether the court has jurisdiction under the diversity statute over the Lake of the Torches EDC. LDF writes:
This Court should follow the Ninth Circuit and hold that “a corporation organized under tribal law should be analyzed for diversity jurisdiction purposes as if it were a state or federal corporation,” while still enjoying the same sovereign immunity as the tribe. Cook, 548 F.3d at 723, 726. This approach follows the plain language of the diversity statute, which provides that a corporation is a citizen of “the State where it has its principal place of business.” 28 U.S.C. § 1332(c)(2). For the Corporation, that is Wisconsin. The Eighth Circuit’s test, which looks to whether a tribal entity operates as “an arm of the tribe and not as a mere business,” ignores the language of the statute and focuses on the function of a tribal entity, finding that where it is governmental, as is the Corporation’s, Doc. 31 at 2-3, the entity is treated like a tribe and is not considered a citizen of any state. Auto-Owners Ins. Co. v. Tribal Court of the Spirit Lake Indian Reservation, 495 F.3d 1017, 1021 (8th Cir. 2007). Under the more practical Ninth Circuit test, which this Court appears to have used, see supra at n.6, the parties are diverse and subject-matter jurisdiction exists.
The court also set October 20 as the oral argument date.
Turtle Talk 