Update in Pinoleville Pomo Nation Gaming & RICO Dispute [updated and updated again]

Here are the updated materials in JW Gaming Development LLC v. James (N.D. Cal.):

178 DCT Order

184 Defendants Motion for Summary Judgment

186 Plaintiffs Response

191 Plaintiffs Motion for Summary Judgment

192 Defendants Reply

196 DCT Order

Prior post here.

Case tag here.

UPDATE (7/7/2020):

210 Stevenson Motion

211 Steele Motion

212 Maldonado Motion

219 Tang Opposition to 191

220 Individual Tribal Defendants Opposition to 191

221 Plaintiffs Opposition to 210-212

222 Canales Opposition to 191

223 Reply in Support of 210-212

227 Reply in Support of 191

236 DCT Order on 210-212

237 DCT Order on 191

UPDATE (1/20/2021)

251 Tribal Motions

253 JW Gaming Motion

255 JW Gaming Response to 251

256 Tribal Response to 253

257 JW Gaming Reply

258 Tribal Reply

267 JW Gaming Supplemental Brief

274 Tribal Supplemental Brief

278 DCT Order

Update (3/28/2021):

286 Motion for Reconsideration

293 Motion to Quash

294 Opposition to 286

299 Reply in Support of 286

301 Opposition to 293

302 Reply in Support of 293

306 DCT Order

Update (6/8/2021):

324 Tribe Motion to Quash

333 JW Gaming Motion to Enjoin Tribal Court Case

335 Opposition to 333

337 Opposition to 324

338 Reply in Support of 324

352 Magistrate Order Denying Motion to Quash

353 Reply in Support of 333

Confirmed COVID-19 Cases in the Indian Health System

Here.

As of April 6 – Total Cases: 539
Total Deaths: 24

Eighth Circuit Affirms Conviction of Serial Indian Country D.V. Offender

Here are the materials in Silk v United States:

CA8 Opinion

Opening Brief

US Brief

Reply

Children’s Bureau Guidance on IV-E Findings/Child Welfare During the Pandemic

Reposting (I’ve received this from a lot of people since I put it up a week ago). This is the Children’s Bureau’s guidance on how to handle child welfare hearings–specifically the IV-E requirements–during the pandemic. It also includes other guidance related to Court Improvement Programs and issues around children and their attorneys.

Finally, re. Friday’s post about Michigan’s new visitation policy suspending visitation, this guidance says:

CB is also aware of instances where judges have issued blanket orders suspending or drastically reducing family time (visitation) between children in foster care and parents, sometimes indefinitely. Family time is important for child and parent well-being, as well as for efforts toward reunification. Family time is especially important during times of crisis. CB strongly discourages the issuance of blanket orders that are not specific to each child and family that suspend family time; doing so is contrary to the well-being and best interest of children, may contribute to additional child trauma, and may impede the likelihood of reunification.

Covid-19.Child.Legal and Judicial Letter_Signed (002)

I’ve also added it to the Child Welfare COVID-19 page.

New Federal Indian Law Textbook for Undergraduate and Graduate College Courses

Here is Richotte’s Federal Indian Law and Policy: An Introduction.

Richotte

Ninth Circuit Briefs in Yocha Dehe Wintun Nation v. Newsom

Here:

Opening Brief

Tribal Amicus Brief

Answer Brief

Reply

Lower court materials here.

MHA Nation Allottees Motion to Certify Class in Trespass Action against Pipeline

Here is the motion in Hall v. Tesoro High Plains Gas Co. LLC (D.N.D.):

49 Motion to Certify Class

Prior post here.

Friday Job Announcements

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format. For examples, see the job announcements below.

Big Fire Law and Policy Group LLP

Litigation Attorney, Omaha, Nebraska. Work on cases in a variety of areas including constitutional law, environmental law, real estate, employment, tax issues, corporate/business matters, and complex federal, state and tribal court litigation at both trial and appellate levels. The application closes 4/30/2020. For more information, please see the position description.

The Northern California Tribal Court Coalition (NCTCC)

Request for Qualifications. Seeking proposals from qualified professionals to serve as an Appellate Judge on contract through the NCTCC on an as-needed basis.  NCTCC is a 501(c)(3) nonprofit organization that is a collaboration of Tribal Courts in Northern California, namely those of the Bear River Band of Rohnerville Rancheria, Hoopa Valley Tribe, the Karuk Tribe, the Tolowa Dee-ni’ Nation, the Yurok Tribe and the Trinidad Rancheria. The RFQ is due April 23, 2020. Please see the attachment for more information.

Alaska Legal Services Corporation

Native Law Staff Attorney, Bethel, Alaska. This position provides direct representation to Association of Village Council Presidents (“AVCP”) member Tribes. The attorney represents tribal clients in state court Child in Need of Aid proceedings related to the Indian Child Welfare Act in collaboration with AVCP advocates, and advocates on behalf of the Tribe for their youth and families. The attorney will have the opportunity to participate in impact litigation, and provide advice and support to tribes on issues related to child welfare. See attached job description, or visit online for more information. Resume, writing sample, and references should be sent to ppickett@alsc-law.org.  Posting remains open until position filled. 

Swanson, Drobnick & Tousey, P.C.

Associate Attorney, Woodbury, MN.  The Associate Attorney will represent individuals, businesses and tribes in a wide variety of legal matters, including family law, criminal, child protection, business and governance, and may travel throughout Minnesota and Wisconsin to meet the needs of our clients. The position is open until filled. Submit cover letter and resume to Heidi A. Drobnick at hdrobnick@sdtlaw.com. Writing samples and references will be requested on a case-by-case basis.

Federal Reserve Bank of Minneapolis

Project Manager, Community Development & Engagement, Helena, MT. Please see the position description for more information or visit online. Application is open until filled. Must submit resume and cover letter.

See posts from March 27, 2020.

Parenting Time in Michigan during Pandemic

Adding this to the Covid Child Welfare page, but this is very distressing. I’m also not sure how states are allowing co-parenting plans to continue, but denying any in person parenting time. There’s no easy answer, but this is heartbreaking.