Here:
Buena Vista Rancheria Opposition
Question presented:
Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.
Lower court materials here.
Here:
Buena Vista Rancheria Opposition
The United States has waived its right to respond.
The cert petition is here.
Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):
55 State Response to Motion to Dismiss
58 Soo Tribe Response to Motion for Relief
63 DCT Order to Adjourn and Reschedule Oral Argument
Sixth Circuit materials are here.
Here are the new materials in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):
32 California Motion for Dismissal without Prejudice
34 Paskenta Notice of Voluntary Dismissal
Here are the materials in State of California v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):
9 McDonald Faction Opposition to TRO
10 Unification Council Response to TRO
30 Unification Council Response to PI Motion
33 McDonald Faction Response to PI Motion
42 California Reply in Support of PI Motion
From the order:
The Court orders that the Tribe, and all if its officers, agents, servants, employees and attorneys, and all persons acting under the Tribe’s direction and control, including all groups currently claiming to constitute the tribal government, are hereby enjoined and restrained from:
1. Attempting to disturb, modify or otherwise change the circumstances that were in effect at the Casino as of the afternoon of October 8, 2014. This prohibition includes, without limitation, attempting to repossess, or take control of the Casino in whole or in part. Payments in the ordinary course of business, including mandatory fees to the gaming commission actually supervising the Casino’s operations on October 8, 2014, and per capita tribal distributions based upon the Tribe’s membership list as of December 1, 2010, that are made in equal amounts, are not violative of this Injunction. No discretionary payments shall be made to any group claiming to be the duly constituted tribal council or claiming control over tribal matters.
2. Deploying tribal police or other armed personnel of any nature within 1,000 yards from the Casino, the property on which the Casino is located, and tribal properties surrounding the Casino, including the adjacent hotel and nearby tribal offices (collectively, “Tribal Properties”). This prohibition includes weapons of any nature or sort such as, by way of example but not limited to, firearms, tasers, knives, clubs, and batons. The only armed personnel allowed within the Tribal Properties are members of federal, state, and local law enforcement agencies who are acting within the scope of their official duties.
3. Possessing, carrying, displaying, or otherwise having firearms on the Tribal Properties.
4. Removing documents or other property from the Casino, or continuing to possess, or possessing, documents or other property removed from the Casino during and after the morning of October 9, 2014. All such documents or other property that were removed and have not been returned shall be returned immediately.
5. Operating the Casino unless and until it is established before this Court that the public health and safety of Casino patrons, employees, and tribal members can be adequately protected from the violent confrontations and threats of violent confrontation among the tribal groups disputing leadership of the Tribe and control of the Casino. This prohibition shall have no further force and effect if the NIGC issues an order lifting its Closure Order and, within one-half court day thereof, the State does not object to reopening the Casino.
This preliminary injunction will remain in effect until resolution of the case by settlement or judgment or the Court’s further order.
Here:
Lower court materials here.
Here are the materials in In re Revocation of Licenses/Permits of Citizen Potawatomi Nation (Okla. Tax Commission):
Stipulations-filed with exhibits
Here:
Lower court materials here.
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