



Decision here.
As discussed above, the court holds that Plaintiffs have not exhausted their tribal remedies. “When a court finds, as here, that tribal exhaustion is required, the court can stay or dismiss the action . . . .” Jaramillo v. Harrah’s Entm’t, Inc., No. 09CV2559 JM (POR), 2010 WL 653733, at *2 (S.D. Cal. Feb. 16, 2010). The undersigned has become familiar with much of the tribal proceedings that have already occurred. In the interest of judicial economy, the court stays rather than dismisses the case. Because the court stays the case, the court DENIES Defendant’s Motion to Dismiss, (ECF No. 17). The court also DENIES Plaintiffs’ Motion for Preliminary Injunction, (ECF No. 7).
Previous coverage here.
Because we haven’t changed the theme of Turtle Talk in nearly 10 years, the WordPress theme isn’t working anymore (and the search bar has disappeared to the bottom of the page). We are testing some different looks, so please be patient with us.
SALT LAKE CITY — Over the summer, Shari Pena’s 3-month-old foster son chuckled for the first time when his older sister sneezed, kicking off a new family tradition.
The Penas gathered to celebrate the giggle, a milestone in the child’s Navajo culture. They shared a chicken and rice dish in their West Valley home and took a pinch of salt from the baby’s palm, a gesture symbolizing his generosity.
As the federal law governing child welfare cases for Native American children has withstood recent legal challenges in Utah and in other states, the Penas are among those cheering the victories. The Indian Child Welfare Act sets special standards in the adoption and foster care proceedings and gives preference to Native American families — part of an effort by Congress to correct historical bias against them.
“It’s important that these kids stay in native homes,” Pena said. “We understand one another, our past and our ancestors.”
Pena, a citizen of the Cherokee Nation, said certain aspects of Navajo culture mirror her own upbringing in Oklahoma, including a strong focus on family. For newer factors like the first laugh party, she seeks guidance from the child’s biological grandmother and his four foster siblings.
Yá’át’ééh and Hafa Adai! The University of New Mexico School of Law Tribal Law Journal would like to invite you to contribute to their online blog. Please see the attached PDF for details on how to submit to a blog.
Here are the materials in Koi Nation of Northern California v. Dept. of Interior:
Lower court materials here.
Here are the materials so far in Water Works Board of the City of Birmingham v. U.S. Bank National Association (D.S.D.):
68 Chicago Transit Complaint in Intervention
UPDATE:
Here are the materials (so far) in Michelin Retirement Plan v. Dilworth Paxon LLP (D.S.C.):
150 Michelin Response to GT MTD
150-14 OST Resolution on Raines Authority
150-15 OST Council Meeting Minutes
150-16 Morton Materials re WLCC
161 Michelin Response to Dilworth MTD
161-4 Investment Mgmt Agreement
161-14 Dilworth Opinion Letter
172 Request for Default Judgment on Wakpamni
218 DCT Order Denial of 67 & 91
372 Notice of Voluntary Dismissal of GT
411-1 Timothy Anderson Engagement Letter
468 DCt Order Granting Dilworth MTD
Jury selection is set for February 2020. Wakpamni Lake Community Corporation did not file a response. The clerk issued a default judgment against WLCC. Docket no. 173.
Such an inspiring talk. Look out for the You Tube video later this week.
Muckleshoot tribal member Rosalie Fish presenting on Missing & Murdered Indigenous Women 10/27 at TEDxYouth@Seattle
We posted a complaint yesterday filed by a Chicago retired employee fund against individuals and law firms that worked on this deal.
Here are a few more docs (there is a lot to dig up, but this is a start):
federal-brief-in-us-v-archer.pdf [details the scheme, appeal in related conviction]
366_f.supp_.3d_477.pdf [galanis decision, on appeal]
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