Here are the materials in Brown v. Western Sky Financial LLC (M.D. N.C.):
92 Payday Financial Motion to Dismiss
94 Cashcall Omnibus Motion to Dismiss
97 Brown Response to Payday Financial
100 Brown Response to Omnibus Motion
102 Reply in Support of Omnibus Motion
103 Reply in Support of Payday Financial Motion
An excerpt:
For the reasons described in detail in this Memorandum Opinion and in order to ensure that this matter is before the proper tribunal, this court finds most persuasive the cases holding tribal court exhaustion appropriate on the threshold issue of tribal court jurisdiction. Therefore, Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 91) will be denied without prejudice pending the determination of tribal court jurisdiction. Defendants’ Omnibus Motion (Doc. 93) will be granted in part in light of this court dismissing current proceedings without prejudice pending tribal court exhaustion and denied in part in that this court will not compel arbitration at this time.
We posted on this case a while back here.
Turtle Talk 