Here are the materials:
‘Sa’ Nyu Wa Bankruptcy Petition
List of Equity Secured Holders
economic development
Draft State Dept. EIS re: Keystone XL Pipeline
Federal Court Rejects Quechan Tribe Effort to Shut Down Ocotillo Express Wind Power Operation
Here are the materials in Quechan Tribe of the Fort Yuma Indian Reservation v. United States Department of the Interior (S.D. Cal.):
DCT Order Granting Ocotillo Motion
News Profile of USFWS Decisionmaking Process in Question of Bald Eagles and Wind Turbines
Here.
An excerpt:
The U.S. Fish and Wildlife Service (FWS) is considering eliminating most public oversight of wind turbine impacts on protected bald and golden eagles by offering developers 30-year permits to kill eagles by accident, as opposed to the current 5-year permits. What’s more, they’re shaping the implementation of that proposed policy change in a series of private “stakeholders'” meetings to which the public is not invited.
American Bird Conservancy letter here.
Moapa Drops Tribal Court Suit against Wells Fargo; Agrees to Mediation (Updated 2/25/13)
Here is the tribe’s press release:
MOAPA DISMISSES TRIBAL COURT ACTION
Moapa, NV –The Moapa Band of Paiute Indians today announced that it and Wells Fargo Financial Advisors LLC had agreed to submit to mediation certain issues between the parties, and that the Band had caused dismissal of an action against Wells Fargo Financial Advisors commenced in the Tribe’s tribal court.
Tribal Chairman William Anderson commented that “The Tribe will always defend its inherent sovereign rights. However, the Tribe also observes its valid agreements, including valid waivers of its sovereign immunity. Further, the Band strives to be commercially responsible in its contractual relationships. We believe that the Band’s voluntary submission of the issues to mediation and dismissal of the tribal court action reflect these principles. We hope that through good faith mediation the parties will mutually resolve the issues.”
About the Moapa Band of Paiutes
The Moapa Band of Paiute Indians is located on its 72,000 acre Moapa River Reservation in Nevada. The Tribe’s reservation is the proposed site of a solar 350 megawatts energy project generating (sufficient to power 100,000 homes) being developed by K Road Power.
We posted on this case here.
Update — docs here:
Federal Court Order Compliance with Western Sky Financial Tribal Arbitration Provision
Here are the materials in Inetianbor v. Cashcall Inc. (S.D. Fla.):
DCT Order Granting Motion to Compel Arbitration
Cashcall Motion to Compel Arbitration or Dismiss
Inetianbor State Court Complaint
Inetianbor State Court Complaint Amendment
An excerpt:
Here, Defendant argues that the arbitration agreement, by its plain language, covers Plaintiff’s claims. The Court agrees. The terms of the agreement are clear: all disputes between the borrower and the holder of the Note or the holder’s servicer must be settled through arbitration. See Loan Agreement at 5-6. In this suit, Plaintiff seeks damages from Cashcall, the servicer of the note, for actions related to Cashcall’s servicing and collecting on the note. See Amended Complaint at 2. Therefore, Plaintiff’s claims fall within the scope of the arbitration provision.
Casino Developer Sues Delaware Tribe for $2.6 Million
Here is the complaint in River Trails LLC v. Delaware Enterprise Authority (N.D. Okla.):
Federal Court Affirms Arbitration Award Favoring Grand Canyon Skywalk Development
Here are the materials in Grand Canyon Skywalk Development LLC v. ‘Sa’ Nyu Wa (D. Ariz.):
DCT Order Confirming Arbitration Award
GCSD Application to Enforce Arbitration Award
Cayuga Indian Nation RFP: Tribal Economic Development
CAYUGA NATION — Request for Proposals
The Cayuga Nation in New York State requests proposals from qualified firms or individuals to advise the Nation in preparing a plan to develop the Nation’s economy.
The Cayuga Nation is a federally-recognized sovereign Indian nation. It is a member nation of the Haudenosaunee, or Six Nations Confederacy. The Nation is governed according to a traditional Haudenosaunee and Cayuga law and custom. The Nation has approximately 485 enrolled citizens. The Nation currently does not own any land that is held in trust by the federal government. It holds several parcels of land in fee simple ownership. The Treaty of Canandaigua of 1794 recognized a Cayuga Reservation of approximately 64,000 acres in Seneca and Cayuga Counties, New York. The boundaries of this Reservation have never been terminated. The Nation does not own or operate a casino or other gambling enterprise. It owns and operates a number of small enterprises within the Cayuga Reservation. The Nation does not have a separate economic development corporation.
More details in the RPF:
Wells Fargo Motion for TRO against Moapa Tribal Court Denied
Here are the materials in Wells Fargo Advisors v. Kolhoss (D. Nev.):
Wells Fargo Motion to Dismiss — Moapa Tribal Court [corrected]
From the federal court order:
Plaintiffs initiate this declaratory relief action seeking to declare that the tribal court lacks jurisdiction because the Tribe has waived sovereign immunity and agreed to arbitration. Plaintiffs seek an ex parte emergency temporary restraining order to enjoin the tribal court from proceeding with a hearing scheduled for February 7, 2013. However, the Court denies Plaintiffs’ Motion because (1) the Motion does not comply with Federal Rule of Civil Procedure 65 and the District of Nevada Local Rules; (2) Plaintiffs fail to demonstrate the existence of an emergency; and (3) Plaintiffs fail to demonstrate that they will suffer irreparable harm should the Court deny their Motion.
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