Here.
Profile Article of Kenny Pheasant and the Anishinaabemdaa Program
Here.
Michigan Indian
Second Greektown Reorganization Plan to Be Considered
A second plan to speed Greektown Casino’s exit from bankruptcy protection could go out to creditors for a vote next week.
U.S. Bankruptcy Court Judge Walter Shapero told lawyers for the casino and its creditors Friday that he expected to sign an order Monday to approve the disclosure statement. That would clear the way for the plan to be sent out next Friday for creditor voting.
The confirmation hearing is scheduled for Jan. 12. The goal is for plan confirmation by Jan. 31 and for the casino to emerge from bankruptcy by June 30.
Greektown Casino still needs to get the City of Detroit’s approval before it can approach state regulators for a 15% tax rollback.
Chief Judge Opening at Grand Traverse Band
Chief Tribal Judge – Attorney licensed to practice before the state courts of any state in the U.S. Tribal Court, management experience preferred. Duties primarily include acting as the Chief Tribal Judge for a variety of civil and criminal mattes in the context of Federal Indian Law and Tribal Law. Detailed knowledge of Federal Indian Law required. At least 10 years of post JD experience in the practice of law. Native American preference will apply. Salary is negotiable. Submit cover letter, resume and references to John Petoskey, Grand Traverse Band of Ottawa & Chippewa Indians, 2605 NW Bay Shore Drive, Suttons Bay, MI 49682, (231) 534-7279, fax (231) 534-7600 or email John Petoskey@gtbindians.com.
News Coverage on Criminal Charges in U.P. Illegal Gillnetting Case
From the Escanaba Daily Press:
ESCANABA – Sentences will be handed down within the next six weeks for two men arrested in connection with illegal gill netting on Big Bay de Noc earlier this month, according to Delta County District Court officials.
Kerry Todd Johnson, 27, Cooks, and Daryl John Tatrow, 48, Garden, each pleaded no contest to a charge of using illegal fishing devices. The misdemeanor carries a maximum punishment of 90 days in jail, $1,000 fine, and revocation of one’s fishing license for three years.
Tatrow, who appeared in district court Wednesday, also pleaded no contest to one count of attempted assaulting/resisting/obstructing a law enforcement officer for fleeing during his arrest. The charge carries a maximum sentencing of one year in jail and a $1,000 fine.
Johnson is scheduled to be sentenced in district court on Dec. 21. Tatrow will be sentenced on Jan. 4.
A third man arrested in connection with the alleged illegal gill-netting operation, will be charged in the Sault Ste. Marie Band of Chippewa Indians Tribal Court for subsistence fishing without a license, according to officials from the Department of Natural Resources. His name was unavailable.
Greektown Reorganization Agreement Reached
Here is the reorganization plan referenced in the article below — Greektown Reorganization Plan
From Fox Business via Pechanga:
Greektown Holdings, L.L.C. announced today that beneficial holders of a majority of the principal amount of its pre-petition bank debt have reached agreement to support the plan of reorganization filed on November 2, 2009 by plan sponsors MFC Global Investment Management, OppenheimerFunds, Inc., Brigade Capital Management and Solus Alternative Asset Management LP. That agreement has been supplemented by a stipulation adopted by the Bankruptcy Court on November 19, 2009 among the Debtors, the plan sponsors, an ad hoc group of certain of the Debtors’ pre-petition bank lenders, the indenture trustee for the holders of the Debtors’ 10.75% Senior Unsecured Notes due 2013, the administrative agent for the Debtors’ pre-petition bank debt and DIP Debt and the official committee for the Debtors’ unsecured creditors.
Under the plan which will be amended pursuant to the stipulation, the pre-petition bank lenders would be paid in cash in full on the effective date of the plan, and the holders of the Debtors’ 10.75% Senior Unsecured Notes due 2013 will receive the equity of the reorganized Debtors, subject to dilution by the rights offering provided for in the plan. The holders of the Senior Unsecured Notes would also have the right to subscribe for approximately 78% of the equity at an aggregate purchase price of $185 million in the rights offering. The four plan sponsors have agreed to purchase any equity in such rights offering that is not subscribed for by the holders of the Senior Unsecured Notes in the rights offering. In addition, Solus Alternative Asset Management LP would make a direct investment in the equity of the reorganized Debtors.
Steiger v. Little River Casino — Title VII Complaint
Here are the early materials in Steiger v. Little River Casino Resort, a sex discrimination claim under Title VII of the 1964 Civil Rights Act:
Not sure how the plaintiff’s lawyer thinks the federal court has jurisdiction over this. The complaint just cites Title VII, without any argument as to why it could possibly apply to a tribe or its business. Other doing the same have been subject to Rule 11 sanctions (see our paper here).
Michigan Case re: Tribal Court to Federal Court Removal and Remand
This case, Geroux v. Assurant, Inc., started as a tribal court complaint against two insurance companies seeking benefits for long-term disability, but was removed by the defendants to federal court. The district court remanded the case back to tribal court under the principles of the tribal court exhaustion doctrine.
Tribal Court Complaint against Assurant
Tribal Court Complaint against Union Security
Union Security Co. Answer and Counterclaim
Geroux Motion to Dismiss Counterclaim
News Article on LTBB’s Economy
From Indianz:
The Little Traverse Bay Bands of Odawa Indians of Michigan recently formed a corporation to pursue economic development opportunities.
Waganakising Odawa Development, Inc. is looking at two sectors: government contracting and renewable energy. Frank Ettawageshik, the president of the corporation, believes the tribe can benefit from growth in both areas.
“It’s better, I believe, to not have all your eggs in one basket with revenue sources,” Ettawageshik said at a tribal council meeting, The Petoskey News-Review reported.
So far, Waganakising has landed one government subcontract and is looking for ways to get into alternative energy.
Jaime Barrientoz on a Part-Time GTB Council
From Indianz:
A member of the Grand Traverse Band of Ottawa and Chippewa Indians says the tribal council should only serve part time.
Jaime Barrientoz thinks the chairman position should remain a full-time job. But the other six members of the council are wasting time and money, he says.
“I think that they have too much time on their hands,” Barrientoz told The Traverse City Record-Eagle. “Put them back to part time and you’d save about $1 million a year.”
Barrientoz served on the council when it was a part-time job. Full-time status started in 1998.
Get the Story:
Michigan Indian Legal Services Newsletter
Here is a copy of the Fall 2009 MILS newsletter:
Turtle Talk 
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