Here are the new materials in Federal Trade Commission v. Payday Financial LLC (D. S.D.):
117 DCT Order Denying PF Motion for Summary J
120 FTC Memorandum of Supplemental Authority
131 DCT Order Granting Partial Summary J to FTC
Materials from the complaint here.
Here:
Payday Financial Supplemental Brief
Federal Trade Commission Amicus Brief
Gavin Clarkson Amicus Brief [CA7 Order Denying Clarkson Motion: out of time]
Payday Financial Brief in Response to Amici TK
Prior briefs here, with supplemental briefing order.
Here.
An excerpt:
A prominent online lender that has increasingly run into state challenges — Western Sky Financial, owned by a tribal member of the Cheyenne River Sioux — has just announced that it will stop financing loans next month.
Here. Excerpt:
Courts have long upheld that tribal-owned businesses enjoy the same sovereign immunity as tribal governments and aren’t subject to state law. Matthew Fletcher, director of Michigan State University’s Indigenous Law and Policy Center, said the ownership structure of a firm has bearing on its legal defenses in such situations. Lenders owned by an individual member of a tribe but not deemed to be owned by the tribe itself would have less ground in attempting to block lawsuits or other state action, he said.
“I would assume the tribe and the tribal entity would respond by saying you don’t have jurisdiction over the tribal nation,” Mr. Fletcher said.
Here are the new materials:
Inetianbor Motion to Reconsider
Inetianbor Reply in Support of Reconsideration
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.
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.
Here are the updated materials in Inetianbor v. Cashcall (S.D. Fla.):
DCT Order Compelling Arbitration
57-1 [Affidavit of Robert Chasing Hawk]
Here.
By Chief Joseph Brings Plenty, a former chairman of the Cheyenne River Sioux Tribe, teaches Lakota culture at the Takini School on the Cheyenne River Indian Reservation.
Turtle Talk 
You must be logged in to post a comment.