Author: Matthew L.M. Fletcher

Materials in Minnesota/Shakopee Concurrent Jurisdiction Matter

Matthew L.M. Fletcher

Here are the materials in Lieske v. Liekse, litigating concurrently in Shakopee and Scott County, MN courts:

783-14 – Clerk’s Notice – Memorandum Opinion and Order – 5-15-14 [tribal court decision]

783-14 – Respondent (husband) Lieske’s Motion Dismiss Affidavit Lieske Memo of Law – 4-23-14 [tribal court motion]

783-14 – Scott County Decision on Jurisdiction – 5-8-14

11 18 14 Lieske State Court 2nd Decision on jurisdiction

Notice of Motion and First Affidavit to State court

Respondent Brief to State court on Jurisdiction

Wife Second Affidavit and supp brief to state ct

Tenth Circuit Briefs in Appeal of Conviction for Defrauding Paiute Indian Tribe of Utah

Matthew L.M. Fletcher

Here are the briefs in United States v. Zander:

Zander Opening Brief

US Brief

Zander Reply

Supreme Court Denies Cert in Friends of Amador County v. Jewell

Matthew L.M. Fletcher2 Comments

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Federal Court Orders Exhaustion of Tribal Remedies in Suit against Penobscot Corporation

Matthew L.M. Fletcher1 Comment

Here are the materials in Rassi v. Federal Program Intergrators LLC (D. Me.):

33 Motion to Dismiss

34 Opposition

35 Reply

45 DCT Order

An excerpt:

I conclude that the sovereign immunity of the Penobscot Indian Nation does extend to FPI, but that FPI waived its immunity by adopting the “sue and be sued clause” in § 12.07 of its Operating Agreement, as required by 13 C.F.R. § 124.109(c)(1) in order for FPI to participate I the § 8(a) program. Nevertheless, I conclude that the tribal exhaustion doctrine applies to this case. The case is ORDERED STAYED with regard to FPI pending a determination by the tribal court as to its jurisdiction, and if necessary, an adjudication of the case on its merits. After the tribal court has ruled on the issue of its jurisdiction, and, if necessary, adjudicated the case on the merits, either party may return to this court and request that the stay be lifted. It is further ORDERED that all claims against PINE are DISMISSED, without prejudice.

Federal Court Denies Motion to Dismiss Washington Football Team’s Suit against the Blackhorse Plaintiffs

Matthew L.M. Fletcher3 Comments

Here are the materials in Pro-Football Inc. v. Blackhorse (E.D. Va.):

1 Complaint + Exhibits

19 Motion to Dismiss

25 Opposition

27 Rebuttal Brief

40 DCT Order Denying Motion to Dismiss

Resources for Indian Student Education v. Cedarville Rancheria Tribal Court Complaint

Matthew L.M. Fletcher

Here is the complaint and a motion for TRO in Resources for Indian Student Education v. Cedarville Rancheria of Northern Paiute Indians (E.D. Cal.):

1 Complaint + Tribal Court Materials

4 Motion for TRO

9 DCT Order Denying Motion

United States Sentencing Commission: Request for Applications — Tribal Issues Advisory Group – Deadline January 9, 2015

Matthew L.M. Fletcher1 Comment

Here.

Cert Stage Briefs in Seminole Tribe v. Florida Dept. of Revenue

Matthew L.M. Fletcher1 Comment

Here:

Seminole Cert Petition

Florida Cert Opp

Seminole Reply Brief

Question presented:

The question presented is whether sovereign immunity bars an American Indian tribe from seeking Ex parte Young relief from the unconstitutional enforcement of a state tax scheme merely because that relief might require refunds for taxes unlawfully collected in the future.

Lower court materials and my commentary here.

WaPo Article on Indian Country Juvenile Justice

Matthew L.M. Fletcher

Here is “From Broken Homes to a Broken System.“