Cheyenne River Sioux Tribal Court – Page 2

Federal Court Dismisses Effort to Enforce Multi-Million Dollar Tribal Court Judgment for Lack of Subject Matter Jurisdiction

October 21, 2013Matthew L.M. Fletcher

Here are the materials in Brenner v. Bendigo (D. S.D.):

1-1 CRST Court Order

8 Bendigo Motion to Dismiss

9 Brenner Brief

10 Bendigo Response Brief

11 DCT Order

An excerpt:

This is an original garnishment action brought in federal court pursuant to a state statute to enforce a tribal court judgment. Doc. 6. An action for a writ of garnishment filed in federal district court as an independent action does not arise under federal law; it arises under state law. See Berry v. McLemore, 795 F.2d 452, 456 (5th Cir. 1986) (“First, subject matter jurisdiction as defined in 28 U.S.C. § 1331, does not exist, because an action for a writ ofgarnishment arises from state law, not federal law. “). Even when taking all the facts pleaded in the Affidavit as true, this action does not arise under federal law and federal question jurisdiction is not proper.

Seventh Circuit Supplemental and Amicus Briefs in Jackson v. Payday Financial (Western Sky Affiliates)

September 26, 2013March 22, 2019Matthew L.M. Fletcher1 Comment

Here:

Jackson Supplemental Brief

Payday Financial Supplemental Brief

Federal Trade Commission Amicus Brief

Gavin Clarkson Amicus Brief [CA7 Order Denying Clarkson Motion: out of time]

Illinois Amicus Brief

Payday Financial Brief in Response to Amici TK

Prior briefs here, with supplemental briefing order.

Federal Court Reopens Inetianbor v. Cashcall (Again) After Plaintiff Shows Reservation Arbitration a Sham

August 20, 2013Matthew L.M. Fletcher6 Comments

New materials here:

DCT Order Granting Renewed Motion for Reconsideration

Inetianbor Renewed Motion to Reconsider

Cashcall Opposition to Renewed Motion

Inetianbor Reply in Support of Renewed Motion for Reconsideration

Prior posts here, here, and here.

Update in Inetianbor v. Cash Call (Western Sky Financial) — Arbitrator Alleged Biased — Court Finds Irrelevant

June 21, 2013Matthew L.M. Fletcher1 Comment

Here are the new materials:

Inetianbor Motion to Reconsider

Cashhcall Opposition

Inetianbor Reply in Support of Reconsideration

DCT Order Denying Motion

An excerpt:

Here, Plaintiff asserts that he has uncovered two new pieces of evidence that indicate that Mr. Chasing Hawk is biased toward CashCall. First, Plaintiff claims that Mr. Chasing Hawk’s daughter, Shannon Chasing Hawk, is employed by Western Sky. Plaintiff has attached what he claims is a printout of Ms. Chasing Hawk’s Facebook profile page, listing “Western Sky Financial” as her employer. See DE 61 at 9. He further alleges that Mr. Chasing Hawk has “10+ kids and every single one of them has either worked for, currently works at CashCall or one of its subsidiaries . . . or had illegally attempted to conduct an unsuccessful arbitration for the defendant.” DE 67 at 2 n.1. Second, Plaintiff alleges that CashCall and Mr. Chasing Hawk have colluded in the initiation of arbitration proceedings. Plaintiff attaches what he claims is an email chain between Mr. Chasing Hawk and an employee of Lakota Cash, LLC (“Lakota Cash”), a subsidiary of Western Sky, which purportedly shows that Lakota Cash prepared the letter for Mr. Chasing Hawk. See id. at 7-8. Plaintiff further claims that he called Mr. Chasing Hawk, and that Mr. Chasing Hawk admitted during the phone call that CashCall had prepared the letter for him. Plaintiff represents that he has tried calling Mr. Chasing Hawk again, but that he told Plaintiff that “I am not able to talk to you because cash call (sic) will get mad. You have to call the attorney, sorry.” Id. at 3.

Prior order here.

Seventh Circuit Issues Limited Remand(?) in Jackson v. Payday Financial Appeal

May 24, 2013Matthew L.M. Fletcher1 Comment

Here is the order, which appears to be in response to letters from counsel for both parties on this case (materials here and here):

Jackson v. Payday Finanical (7th Cir Order)

Jackson Letter Payday Financial Response

The appeal remains pending until the district court answers the questions posed by the panel. Briefs and lower court materials remain here.

Dispute with Western Sky Financial Heads to Arbitration with CRST Elder Robert Chasing Hawk

May 20, 2013May 19, 2013Matthew L.M. Fletcher3 Comments

Here are the updated materials in Inetianbor v. Cashcall (S.D. Fla.):

DCT Order Compelling Arbitration

Renewed Motion to Compel

Inetianbor Opposition

57-main [Cashcall Reply]

57-1 [Affidavit of Robert Chasing Hawk]

57-3

57-4 [Consumer loan agreement]

Previous posts on this case are here and here.

Update in Inetianbor v. Cashcall (Western Sky Financial): Federal Court Reopens Case

April 2, 2013Matthew L.M. Fletcher3 Comments

You may recall from our February post that a federal court had honored an arbitration provision in a Cashcall/Western Sky Financial form agreement and sent the case to the Cheyenne River Sioux Tribal Court. That court responded to the plaintiff that the Cheyenne River Sioux Tribe does not authorize arbitration under the American Arbitration Association rules, so the plaintiff successfully brought the case back to federal court.

Materials in Inetianbor v. Cashcall Inc. (S.D. Fla.) are here:

DCT Order Granting Motion to Reopen

Inetianbor Motion to Reopen + Tribal Court Letter

Cashcall Opposition

Plains Commerce Bank Redux — Federal Court Orders Exhaustion on Claims Not Decided by Supreme Court

January 3, 2013Matthew L.M. Fletcher

Here are the materials in Plains Commerce Bank v. Long Family Land and Cattle Co. (D. S.D.):

DCT Order Requiring Tribal Court Exhaustion

Long Family Tribal Court Complaint

Plains Commerce Federal Court Complaint [plus tribal court docs]

Plains Commerce Motion for TRO

Plains Commerce Motion for Summary J

Long Family Opposition

Plains Commerce Reply

You may recall from Justice Pommersheim’s opinion from way back in the last decade that Plains Commerce only challenged the discrimination claim against it, not the bad faith or breach of contract claims. And since the money damages verdict was a general verdict, any of the surviving claims may support the verdict.