sovereign immunity – Page 82

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.

Pro Se Contract Claim against Seminole Tribe Dismissed

March 24, 2014Matthew L.M. Fletcher

Here are the materials in Wallace v. Askar (M.D. Fla.):

1 Claim

4 DCT Order Dismissing Suit

Federal Court Dismisses Tribal Leadership-Banishment Dispute at United Auburn Indian Community

March 24, 2014Matthew L.M. Fletcher1 Comment

Here are the materials in Tavares v. Whitehouse (E.D. Cal.):

Nooksack COA Strikes Down Disenrollment Procedures

March 19, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion in Roberts v. Kelly:

Roberts v Kelly COA Opinion

Briefs are here.

Lower court materials are here.

Internal Tribal Governance Dispute Dismissed by Federal Court

March 18, 2014Matthew L.M. Fletcher

Here are the materials in Binger Operations LLC v. Edwards (W.D. Okla.):

1 Complaint

18 Caddo Motion to Dismiss

20 Smith Motion to Dismiss

32 DCT Order Granting Motions to Dismiss

An excerpt:

Binger Operations, LLC (“Binger”) filed this interpleader action against Brenda Shemayme Edwards, Phillip M. Smith, and the Caddo Tribal Council, seeking a determination of the respective rights of the defendants in interpleader (“defendants”) to receive oil and gas severance taxes. Both Mr. Smith and Ms. Edwards claim to be the Chairman of the Caddo Nation, and both have purported to file documents on behalf of the Caddo Tribal Council.¹ Mr. Smith and, according to his/its motion, the Caddo Tribal Council, have moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subjectmatter jurisdiction. Ms. Edwards and, according to her/its response, the Caddo Tribal Council, have responded in support of the motion to the extent that it challenges this court’s jurisdiction. Binger has responded, and the motions are at issue.

Minnesota Supreme Court Affirms Tribal Immunity in City of Duluth v. Fond du Lad Band — UPDATED with Briefs

March 12, 2014March 12, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion in City of Duluth vs. Fond du Lac Band of Lake Superior Chippewa Indians. Link to oral argument video here. ~~Briefs are not available publicly, so if anyone has them, please send along.~~

Here are the briefs:

08 26 13 FDL Initial Brief – FINAL

09 30 13 City of Duluth Response Brief

10 14 13 FDL Reply

An excerpt:

When an Indian band enters into a contract with a city, waives its sovereign immunity, and consents to be sued only in federal district court, a state court may go no further than interpreting contractual provisions pertaining to jurisdiction to determine whether the court has jurisdiction over a dispute arising under the contract.

Our post with a link to the Minnesota Court of Appeals decision, now reversed, is here.