Central District of California – Page 5

Briefs filed by the Tribe and the United States to obtain summary judgment on the water districts’ equitable defenses asserted in response to the Tribe’s claim for a declaration of its federally reserved rights to groundwater.

Here:

2015-09-18 – Dkt 137 – US Notice and Motion for Partial Summary Judgment…

2015-09-18 – Dkt 138 – ACBCI Notice and Motion for Partial Summary Judgm…

Prior materials here.

Chemehuevi Tribe Sues San Bernardino Count Sheriff for Interfering with Tribal Police Operations

July 31, 2015Matthew L.M. Fletcher1 Comment

Here is the complaint in Chemehuevi Tribe v. McMahon (C.D. Cal.):

1 Complaint

Federal Court Dismisses Challenge to Santa Ynez Chumash Casino

July 7, 2015Matthew L.M. Fletcher

Here are the materials in Save the Valley LLC v. Santa Ynez Band of Chumash Indians (C.D. Cal.):

22-1 Santa Ynez Motion to Dismiss

26 Opposition

29 Reply

31 DCT Minute Order

We posted the complaint here.

FMLA Claim against Morongo Casino Dismissed on Immunity Grounds

June 22, 2015Matthew L.M. Fletcher

Here are the materials in Fuller v. Morongo Casino (C.D. Cal.):

14-1 Motion to Dismiss

17 Opposition

28 DCT Order

American Indian Prisoner Religious Freedom Complaint

June 17, 2015Matthew L.M. Fletcher2 Comments

Here is the complaint in McCarter v. Beard (C.D. Cal.):

McCarter RLUIPA Amended Complaint

Federal Court Declines to Block Solar Project affecting CRIT Sacred Sites

June 15, 2015Matthew L.M. Fletcher

Here are the materials in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):

37-1 CRIT Motion for PI

59 Nextera Opposition

68 Interior Opposition

74 Reply

150 DCT Order

We posted the complaint here.

Feds Return Cigarettes to Big Sandy Rancheria

May 22, 2015Matthew L.M. Fletcher

From the court’s minute order:

MINUTES OF MOVANT’S MOTION FOR RETURN OF SEIZED PROPERTY PURSUANT TO FED.R.CR.PROC.419g)(Filed 04/17/15)[1][4]Motion Hearing held before Judge Christina A. Snyder: Hearing held and counsel are present. The Court is in receipt of the parties’ Status Report. Counsel inform the Court of the status of the case and the scheduled return of property, as stated in Court and on the record. Counsel are to contact the Courtroom Deputy Clerk with an update on May 21, 2015. If counsel need the Court’s assistance, a Telephone Status Conference will be set on May 22, 2015.Court Reporter: Larua Elias.(bp)

We posted materials on this case here.

Ninth Circuit Rejects RFRA Challenge to Solar Project Near Indian Sacred Sites

May 22, 2015May 21, 2015Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Dept. of Interior.

An excerpt:

We conclude that the record, which includes declarations submitted by the Plaintiffs that provide little more than conclusory statements and which have not shown where the alleged sacred sites are located at the Ivanpah Project site, is insufficient to support Plaintiffs’ claim that the loss of access to the limited area taken by the Ivanpah Project imposes a substantial burden. Viewing the evidence in the light most favorable to the Plaintiffs, the Plaintiffs have not shown that they are either “forced to choose between following the tenets of their religion and receiving a governmental benefit,” or “coerced to act contrary to their religious beliefs by the threat of civil or criminal sanctions” as this court requires to establish a substantial burden under RFRA.

Briefs and lower court materials are here.