economic development

North Dakota Federal Dismisses Federal Common Law Trespass Claims of Indian Allottees against Pipeline Company

Matthew L.M. Fletcher

Here are the materials in Chase v. Andeavor Logistics PC (D.N.D.):

74 MTD — Subject Matter Jurisdiction.pdfDownload
75 MTD — 12b6.pdfDownload
76 MTD- Rule 19.pdfDownload
77 MTD — Failure to Exhaust.pdfDownload
85 Consolidated Response.pdfDownload
86 Reply ISO 75.pdfDownload
87 Reply ISO 77.pdfDownload
90 Reply ISO 74.pdfDownload
91 Reply ISO 76.pdfDownload
134 Chase Supplemental Brief.pdfDownload
138 Andeavor Supplemental Brief.pdfDownload
139 DCT Order.pdfDownload

Mass. Federal Court Quashes Subpoena of Former Tribal Lending Affiliate [tribal sovereign immunity]

Matthew L.M. Fletcher

Here are the materials in In re Subpoena of Kenney (D. Mass.):

3 Motion to Quash Subpoena

13 Response

18 Reply

39 Magistrate Order

Arizona Federal Court Dismisses Suit against Salt River’s Great Wolf Lodge Brought by Anti-Masking Assholes

Matthew L.M. Fletcher

Here are (many of the) materials in Preciado v. Great Wolf Lodge (D. Ariz.):

1 Complaint

23 Motion to Dismiss Tribe Defendants

24 Motion to Dismiss GWL Defendants

27 Motion to Strike 23

29 Motion to Strike 24

32 Reply ISO 24

36 Reply ISO 23

51 DCT Order

Lost mask in Midway Geyser by National Park Service is licensed under CC-CC0 1.0

Virginia Federal Court Holds LdF Council Members and Employees Can Be Individually Liable for RICO Damages Arising from Sovereign Lending

Matthew L.M. Fletcher

Here are the materials in Fitzgerald v. Wildcat (W.D. Va.):

145 Skytrail Motion to Compel Arbitration

147 Skytrail Motion to Dismiss

149 Wildcat Motion to Compel

151 Wildcat Motion to Dismiss

152 Response to 145

153 Response to 147

154 Response to 149

155 Response to 151

163 Reply ISO 147

164 Reply ISO 145

165 Reply ISO 149

166 Reply ISO 151

170 DCT Order

California Federal Court Orders Arbitration in Dispute in Tribal Sovereign Lending Case

Matthew L.M. Fletcher

Here are the materials in Huntley v. Rosebud Economic Development Corp. (S.D. Cal.):

1 Complaint

8-1 Motion to Compel Arbitration

9-1 Motion to Dismiss

13 Response to Motion to Compel

14 Response to Motion to Dismiss

17 Reply ISO Motion to Compel

18 Reply ISO Motion to Dismiss

22-1 Second Motion to Compel

28 Response

33 Reply ISO Motion to Compel

35 DCT Order

Illinois Federal Court Holds Flandreau Lending Company’s Mandatory Arbitration Provision is Unconscionable

Matthew L.M. Fletcher

Here is the opinion in Harris v. First Management Services LLC (N.D. Ill.):

DCT Order.pdfDownload

Briefs when PACER stops being a punk:

19 Motion to Dismiss-Compel Arbitration

53 Opposition

60 Reply

Split Tenth Circuit Panel Affirms Sanctions Award Against Ute Tribe

Matthew L.M. Fletcher

Here is the order in Becker v. Ute Indian Tribe.

Lower court materials here.

Idaho Federal Court Remands Contract Action to Tribal Court

Matthew L.M. Fletcher

Here is the order in Shoshone-Bannock Tribes v. Vanir Construction Management Inc. (D. Idaho):

21 Magistrate Order.pdfDownload

Briefs here.

Bird v. Three Affiliated Cert Petition [sovereign immunity]

Matthew L.M. Fletcher

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Bird Cert Petition.pdfDownload

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

Bird CA8 Brief.pdfDownload
MHA Nation CA8 Brief.pdfDownload
Bird CA8 Reply.pdfDownload

District court materials here.

Arizona Federal Court Holds Business 51% Owned by Navajo Company Not Immune from Title VII Suit

Matthew L.M. Fletcher

Here are the materials in Tsosie v. NTUA Wireless LLC (D. Ariz.):

1 Complaint.pdfDownload
8 Motion to Dismiss.pdfDownload
11 Response.pdfDownload
12 Reply.pdfDownload
13 DCT Order.pdfDownload