Michigan Indian

Written Testimony in SCIA Hearing on Trust Land Acquisition Delays

Matthew L.M. Fletcher

From SCIA:

Panel 1
MR. GEORGE SKIBINE
Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC

Accompanied by: MS. VICKI FORREST, Deputy Bureau Director for Trust
Services, Ll.S. Department of the Interior, Washington, DC

Panel 2
MR. CARL J. ARTMAN
Esquire, Professor of Practice, Sandra Day O’Connor College of Law, Arizona State University, Tempe, Arizona

THE HONORABLE DEREK BAILEY
Chairman, Grand Traverse Band of Ottawa and Chippewa Ind ians, Peshawbestown, Michigan

News Coverage of LTBB Casino General Manager Hiring

Matthew L.M. Fletcher1 Comment

From the Petoskey News-Review:

The Little Traverse Bay Bands of Odawa Indians Tribal Council did not take action Sunday, during its regular meeting, to suspend the hiring process for a new general manager at the casino.

According to John Bott, tribal council member, the action request item was presented by tribal chairman Ken Harrington, but was not fully explained.

“We never got an explanation as to what it was about,” Bott said. “As a result, no action was taken, and no motion was made.”

The tribe began its search for a new general manager for the casino after Sean Barnard, who had been in the position since May of 2008, tendered his resignation on Nov. 23, making his last official day Dec. 4.

Harrington said he couldn’t fully explain the reason he brought this potential hiring suspension to the tribal council, but said it was directly linked to tribe’s current renegotiation process for the casino’s financing.

“(The reason) is tied to a confidential report, and I can’t go into great detail,” he said. “I wanted to slow the (hiring) process down until we were complete with the forbearance agreement … there might still be some unknowns.” Continue reading →

SCIA to Consider the Carcieri Fix and Akaka Bills Tomorrow

Matthew L.M. Fletcher

Here is the agenda for tomorrow’s meeting, from SCIA.

SCIA Hearing on Trust Acquisitions — Witness List

Matthew L.M. Fletcher

From the SCIA (there might be a typo down there… 🙂):

Panel 1
MR. GEORGE SKIBINE
Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC

Accompanied by: MS. VICKI FORREST, Deputy Bureau Director for Trust
Services, Ll.S. Department of the Interior, Washington, DC

Panel 2
THE HONORABLE CARL J. ARTMAN
Updated: Esquire, Professor of Practice, Sandra Day O’Connor College of Law, Arizona State University, Tempe, Arizona

THE HONORABLE DEREK BAILEY
Chairman, Grand Traverse Band of Ottawa and Chippewa Ind ians, Peshawbestown, Michigan

Profile Article of Kenny Pheasant and the Anishinaabemdaa Program

Matthew L.M. Fletcher

Here.

Second Greektown Reorganization Plan to Be Considered

Matthew L.M. Fletcher

From the Freep via Pechanga:

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.

Continue reading →

Chief Judge Opening at Grand Traverse Band

Matthew L.M. Fletcher

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.

Continue reading →

News Coverage on Criminal Charges in U.P. Illegal Gillnetting Case

Matthew L.M. Fletcher

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.

Continue reading →

Greektown Reorganization Agreement Reached

Matthew L.M. Fletcher

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.

Continue reading →

Steiger v. Little River Casino — Title VII Complaint

Matthew L.M. Fletcher

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:

Steiger Complaint

LRB Motion to Dismiss

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).