Here are the materials in Blue Lake Rancheria v. United States (N.D. Cal.):
Blue Lake Motion for Summary Judgment
economic development
Wells Fargo Opinion Issued
Here: Decision and Order
LDF — Wells Fargo Trust Indenture
Some have asked, so we’re posting the 86 page trust indenture: Trust Indenture
News Coverage of Wells Fargo — Flambeau Case
From the Milwaukee Journal Sentinel via Pechanga:
In a ruling that could have a far-reaching impact in Indian country, a federal judge has refused to appoint a receiver for the Lac du Flambeau’s northern Wisconsin casino even though the tribe defaulted on a $50 million bond.
The action last week by U.S. District Court Judge Rudolph T. Randa throws into question whether the financially struggling tribe, which has lost millions on out-of-state casino projects, will pay the $46.6 million it still owes on bonds that were sold in 2008.
“The entire agreement is a void issue,” said tribal administrator William Beson of the 2008 bond offering, which included giving Saybrook Capital – the California company that bought the bonds – the ability to force the tribe’s casino into receivership if the tribe defaulted on the bonds.
Randa’s decision means the tribe is not on the hook for the money, said Monica Riederer, the tribe’s attorney. Riederer, however, said that does not mean the tribe will walk away from the debt.
“They will do whatever they’re legally required to do,” Riederer said. “They do feel a sense of financial responsibility.” Continue reading
Federal Court Dismisses Effort by Wells Fargo to Take Over LDF’s Lake of the Torches EDC
Pretty incredible case. Wells Fargo, alleging financial improprieties by the EDC relating to an indentured trust, sought an order from the court appointing a receiver for the EDC. The EDC defended on grounds of sovereign immunity and that the trust had not been approved by the NIGC, apparently prevailing on the latter theory.
Here are the materials (the court has promised a written opinion “in due course”):
Wells Fargo Motion to Appoint Receiver
LDF Opposition to Motion to Appoint Receiver
Wells Fargo Reply re Motion to Appoint Receiver
Wells Fargo Supplemental Brief re Motion to Appoint Receiver
Grand Traverse Resort GM Moving to Pechanga
From the Traverse City Record-Eagle via Pechanga (of course):
ACME — The search is on for a new leader at the Grand Traverse Resort & Spa, since its president and general manager is headed to southern California.
Grant Channing led the 600-room resort owned by the Grand Traverse Band of Ottawa and Chippewa Indians for more than three years. He’ll step down Friday and will take over as vice president of hotel operations at the Pechanga Resort & Casino in Temecula, Calif., a 517-room resort and casino north of San Diego owned by the Pechanga Band of Luiseño Indians.
“Something has to challenge me for me to go, and there were some challenges there that intrigued me to go,” Channing said. “The most difficult thing, frankly, was leaving here.”
Bracker Motions for Summary Judgment Filed in Chehalis v. Thurston County
Here are those briefs:
Thurston County Motion for Summary J
Prior materials on this important case are here.
Colorado v. Cash Advance Briefing Complete
The first round of briefs (state, anti-payday loan amici, etc.) is here. The responses (mostly tribal) are here. And the final brief (state’s reply brief — State Reply Brief).
Federal Court Grants Stay in Shinnecock Smokeshop Case Pending BAP Decision
Here is the most recent opinion in Gristede’s Foods v. Poospatuck (Unkechauge) Nation — DCT Order Granting Stay until August 2010
Federal Court Dismisses Shinnecock Counterclaims in Smokeshop Suit
Here is the most recent opinion in Gristede’s Foods v. Poospatuck (Unkechauge) Nation (E.D. N.Y.) — DCT Order Dismissing Shinnecock Counterclaims
An excerpt:
the plaintiff’s motion to dismiss the Shinnecock defendants’ counterclaims is granted. The Shinnecock defendants are granted leave to amend their counterclaims for abuse of process and tortious interference with prospective economic advantage within ten days of entry of this order.
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