District of Arizona – Page 8

“The federal government’s voluntary refusal to pay for its
own agency’s legal representation—despite ample resources to do so—does not constitute good cause for delaying this case.”

2019 01 10 order denying stay

UPDATE (Background materials):

1 complaint

15 motion to dismiss count ii

18 response

19 reply

23 dct order granting 15

28 george motion for summary judgment

Federal Court Allows Former Tribal Health Employee’s Suit to Proceed against Feds

November 14, 2018November 14, 2018Matthew L.M. Fletcher

Here are the materials in Goss v. United States (D. Ariz.):

1 Complaint

17 Tribal Motion to Dismiss

21 US Motion to Dismiss

Ninth Circuit Briefs in Begay v. Office of Navajo and Hopi Relocation

November 13, 2018November 13, 2018Matthew L.M. Fletcher

Here:

Opening Brief

Answering Brief

Lower court materials in Begay v. Office of Navajo and Hopi Relocation (D. Ariz.) here:

Federal Court Allows FTCA Suit re: Navajo Nation Police Vehicle Accident to Proceed

September 20, 2018September 20, 2018Matthew L.M. Fletcher

Here are the materials in Stearney v. United States (D. Ariz.):

59 Amended Complaint

92 US Motion for Summary J

108 Response

118 Reply

119 DCT Order

Federal Trade Commission Sues Auto Dealership for Deceptive Trade Practices Near Navajo Reservation

August 2, 2018August 2, 2018Matthew L.M. Fletcher

Here is the complaint in FTC v. Tate’s Auto (D. Ariz.):

ftc v. tate’s auto

Federal Court Dismisses Part of Claim against Office of Navajo and Hopi Relocation [possibly the creepiest federal agency name]

July 13, 2018Matthew L.M. Fletcher

Here are the materials so far in Tso v. Office of Navajo and Hopi Relocation (D. Ariz.):

1 complaint

17 motion to dismiss count ii

20 response

23 reply

24 dct order

Update in Navajo Nation v. Dept. of the Interior (water rights case on remand)

April 17, 2018Matthew L.M. Fletcher

Here:

2018-04-13 Doc 335 NN Mot Leave Intervene

2018-04-13 Doc 335-1 NN Memo in Support of Mot for Leave to Amend

2018-04-13 Doc 335-2 EX 1 – NN Proposed Third Amended Complaint

On remand from the Ninth Circuit, the Nation moves the district court for leave to file its third amended complaint, which restates the Nation’s claims for breach of trust (dismissal of the Nation’s NEPA claims was upheld). The appeals court gave short shrift to the argument by the US, adopted by the district court, that sovereign immunity barred the breach of trust claim, clarifying (consistent with the majority of circuits) that section 702 of the APA, as amended, is a broad waiver of that immunity for claims not seeking money damages.

While continuing to assert that the Secretary as water master for the mainstream of the Colorado River in the Lower Basin breached his fiduciary duties, including the duty of protection explicitly undertaken in the 1849 Treaty of Peace, in management decisions that failed to account for the needs and unquantified rights of the Navajo Nation for homeland purposes, the proposed amended complaint now focuses more particularly on the federal defendants’ historic failure to correct an omission in the Decree in Arizona v. California, omitting lands above Lake Mead, and inducing reliance on limited water supplies by others with rights junior to the Navajo Nation to the detriment of the Nation.