Here are the updated materials in State of Washington v. Tribal Court for the Yakama Indian Nation (E.D. Wash.):
Washington Opposition to Yakama Motion
DCT Order Denying Yakama Motion for PI
The materials from the tribal court portion of this case are here. And the earlier federal court materials on tribal court jurisdiction are here.
Here are the materials in Navajo Nation v. Dept. of Interior (D. Ariz.):
DCT Order Dismissing Navajo Complaint
Interior Motion to Dismiss Navajo Complaint
An excerpt:
Having considered the parties’ memoranda in light of the relevant record, the Court finds that the motion should be granted to the extent that the Court finds that this action is barred at this time by the doctrine of sovereign immunity.
Our prior post on this suit, including complaint, is here.
Here are the materials in Wells Fargo Advisors v. Kolhoss (D. Nev.):
Wells Fargo Motion to Dismiss — Moapa Tribal Court [corrected]
From the federal court order:
Plaintiffs initiate this declaratory relief action seeking to declare that the tribal court lacks jurisdiction because the Tribe has waived sovereign immunity and agreed to arbitration. Plaintiffs seek an ex parte emergency temporary restraining order to enjoin the tribal court from proceeding with a hearing scheduled for February 7, 2013. However, the Court denies Plaintiffs’ Motion because (1) the Motion does not comply with Federal Rule of Civil Procedure 65 and the District of Nevada Local Rules; (2) Plaintiffs fail to demonstrate the existence of an emergency; and (3) Plaintiffs fail to demonstrate that they will suffer irreparable harm should the Court deny their Motion.
Here are the materials in Santana v. Muscogee (Creek) Nation:
Lower court materials here.
Here:
2013-01-28 Appellee Cherokee Nation Petition for Rehearing (without attachments)
Panel materials here.
The D.C. Circuit has had few, if any, en banc hearings in the last few years because the court is severely understaffed. There have been, however, a rash of dissents from denial of en banc petitions which serve as a sort of marker for later review. Worth it to see if anything happens here.
Here are the Tenth Circuit briefs so far in State of Oklahoma v. Hobia:
Brief Amicus Curiae State of NM (filed 1-25-13) (W1843673)
State of Michigan Amicus Brief
Filed Brief of the Appellee (1-25-13) (W1843503)
Lower court materials here.
Here are the materials so far in Rape v. Poarch Band of Creek Indians:
Update: Hildreth Motion for Leave to File Amicus [Escambia County]
The case arises from a jackpot claim at the tribal casino.
Here are the materials in Columbe v. Rosebud Sioux Tribe (D. S.D.):
RST Cross Motion for Summary J
An excerpt:
Colombe now asks this Court to rule on the sole remaining issue from this Court’s September 23, 2011 Opinion and Order: Whether the Tribal Court had jurisdiction to hold that the oral modification to the NIGC-approved management contract was void. Colombe argues that the NIGC has the sole, exclusive authority to determine whether modifications to NIGC-approved management contracts can have any legal effect. Doc. 49 at 6-7. Colombe also argues that Defendants’ Tribal Court suit is prohibited because IGRA does not authorize a private cause of action. Doc. 49 at 8. Defendants counter that the Rosebud Sioux Tribal Supreme Court had jurisdiction to rule on the legal validity of the oral, unapproved modification to the approved management contract after Colombe raised the modification as a defense in the Tribe’s underlying contract suit. Doc. 59; Doc. 60. Defendants also assert that its Tribal Court suit is not for a “claimed IGRA violation” and therefore does not need to be authorized by the IGRA. Doc. 57 at 19.
Here are the materials on the Sept. 2011 order, and on the motion for reconsideration.
Here is the opinion in Seaport Loan Products LLC v. Lower Brule Community (N.Y. Supreme Ct.):
Seaport-LBCDE – Decision re Motion to Compel
News coverage: NY Law Journal Article (Sovereign Immunity)
The complaint is here.
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