Wells Fargo Motion for TRO against Moapa Tribal Court Denied

Here are the materials in Wells Fargo Advisors v. Kolhoss (D. Nev.):

DCT Order Denying TRO

Wells Fargo Complaint

Wells Fargo Motion for TRO

Moapa Tribal Court Order

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.

State’s Brief in Wisconsin v. Ho-Chunk Nation (Electronic Gaming Arbitration Case)

Here. (pdf)

The state is asking the federal court enforce an arbitration award.

Elem Colony Casino Development Contract Voided; Arbitration Vacated

Here are the materials in Elem Indian Colony of Pomo Indians v. Pacific Development Partners X (N.D. Cal.):

DCT Order Denying Motion to Modify Arbitral Award

PDP Motion to Vacate or Modify Arbitral Award

Elem Opposition to Motion to Vacate

PDP Reply re Motion to Vacate

Eighth Circuit: Oglala Sioux Tribe Waiver of Immunity

The Eighth Circuit held in Oglala Sioux Tribe v. C&W Enterprises that the tribe waived its immunity from suit in an enforcement action in state court despite the fact that the tribe had not expressly waived its immunity via the contract. Here are the materials:

appellant-brief

appellee-brief

oglala-v-c&w-ca8-opinion