Federal Court Dismisses Former Ute Employee’s Employment Contract Claims

Here are the materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

7 Ute Motion to Dismiss

17 Ute Motion to DQ Counsel

26 DCT Order Denying Motion to DQ Counsel

32 DCT Order Dismissing Complaint

An excerpt:

Because plaintiff’s complaint does not, on its face, plead causes of action created by federal law, and because the plaintiff’s causes of action do not include, as an essential element, any right or immunity created by federal law, the court concludes that plaintiff’s claims do not meet the “arising under” standard for federal-question jurisdiction and that the court is therefore without jurisdiction to hear plaintiff’s claims. Accordingly, the court GRANTS defendants’ motion to dismiss for lack of subject-matter jurisdiction and DISMISSES plaintiff’s amended complaint.

On what must have been a slow news day we posted the complaint here.

Ute Indian Tribe Sued by Former Energy and Minerals Manager

Here is the complaint in Becker v. Ute Indian Tribe (D. Utah):

Becker Complaint

From the complaint:

This action arises under and relates to an Independent Contractor Agreement between Becker and the Tribe effective March 1, 2004 (“Agreement”) by which Becker agreed to and did provide services to the Tribe as Manager of the Tribal Energy and Minerals Department, including the implementation of the restructuring and development of the Tribal Energy and Minerals Department. By the Agreement, the Tribe promised to pay to Becker a specified monthly compensation (“Compensation”) and agreed that Becker had a 2% participation right in specified revenues (“Participation Right”). The Tribe failed to pay to Becker the Compensation promised and the agreed upon percentage of the revenues as to which Becker had a Participation Right.