Turtle Talk

This is a diversity action commenced by a corporate entity affiliated with the Sac and Fox of Oklahoma Tribe (doing business in the Seneca Nation in New York) and a partnership doing business in the Seneca Nation. They claim that Defendants, officers of affiliated corporations of the Susanville Indian Rancheria (a Native tribe in California, also referred to as “SIR”), made misrepresentations to Plaintiffs that led to Plaintiffs entering into the tobacco manufacturing and distribution contracts with one of the affiliated corporations. Defendants represented that they had the authority to waive tribal sovereign immunity for the affiliate corporation and that the affiliate in fact waived that immunity. After an alleged breach of these contracts, Plaintiffs lodged claims against one of the affiliate corporations, but the corporation successfully asserted that it did not waive its tribal sovereign immunity. Plaintiffs then commenced this action against the officers; they did not name the corporation as a Defendant.

Before this Court is Defendants’ Motion to Dismiss (Docket No. 17) the Amended Complaint on sovereign immunity, jurisdictional, and pleading grounds. For the reasons stated herein, Defendants’ Motion to Dismiss is granted in part (dismissing claims against Defendants Stacy Dixon and Jolene Robles for lack of personal jurisdiction), denied in part (denying other grounds asserted). After resolution of this motion, Plaintiffs retain claims against Defendant Gretchen Cox.

Federal Court Enjoins Sale of National Archives in Seattle

February 15, 2021February 17, 2021Matthew L.M. Fletcher

UPDATED:

45_ORDER_PRELIMINARY INJUNCTION

Here is the minute order in State of Washington v. Vought (W.D. Wash.):

MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour- Dep Clerk: Gabriel Traber; Pla Counsel: Kristin Beneski, Lauryn Faas, and Lloyd Miller; Def Counsel: Brian Kipnis; CR: Nickie Drury; Time of Hearing: 9:00 AM; Courtroom: Zoom;Motion Hearing held on 2/12/2021 re 15 MOTION for Preliminary Injunction filed by Quileute Tribe Of The Quileute Reservation, Puyallup Tribe of Indians, American Historical Association, Tanana Chiefs Conference, Duwamish Tribe, Samish Indian Nation, Chinese American Citizens Alliance, Doyon Ltd, Confederated Tribes of the Chehalis Reservation, HistoryLink, Confederated Tribes Of Siletz indians, Confederated Tribes of the Grand Ronde Community of Oregon, Skokomish Indian Tribe, Confederated Tribes Of The Coos Lower Umpqua And Siuslaw Indians, Port Gamble S’Klallam Tribe, Muckleshoot Indian Tribe, Swinomish Indian Tribal Community, Spokane Tribe of Indians, Kalispel Tribe of Indians, Confederated Tribes and Bands of the Yakama Nation, OCA Asian Pacific Advocates Greater Seattle, Upper Skagit Indian Tribe, Wing Luke Memorial Foundation, Central Council of the Tlingit and Haida Indian Tribes of Alaska, Washington Trust for Historic Preservation, State of Oregon, Squaxin Island Tribe, Nooksack Indian Tribe, Quinault Indian Nation, Cow Creek Band Of Umpqua Tribe Of Indians, Association Of King County Historical Organizations, Suquamish Tribe, Nez Perce Tribe, Snoqualmie Indian Tribe, Historic Seattle, Hoh Indian Tribe, Museum Of History And Industry, The Klamath Tribes, State of Washington, Jamestown S’Klallam Tribe.
After hearing argument from Counsel, the Court informs the parties that an order granting the Plaintiffs’ motion for a preliminary injunction will be issued. (GT) (Entered: 02/12/2021)

Briefs are here.

Federal Court Declines to Enjoin Oak Flat Mining Project

February 15, 2021Matthew L.M. Fletcher

Here is the order in Apache Stronghold v. United States (D. Ariz.):

57 DCT Order

Briefs here.