District of Massachusetts

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Matthew L.M. Fletcher

Here are the materials in Duggan v. Martorello (D. Mass.):

118 Second Amended Complaint.pdfDownload
125 Martorello Motion to Dismiss.pdfDownload
136 Duggan Opposition to Martorello Motion.pdfDownload
143 Reply in Support of Martorello Motion.pdfDownload
168 Duggan Surreply re Martorello Motion.pdfDownload
196 Martorello Supplemental Brief re 124.pdfDownload
197 Duggan Response to 196.pdfDownload
200 Rule 19 Motion to Dismiss.pdfDownload
204 Duggan Response to Rule 19 Motion.pdfDownload
218 Martorello Reply re Rule 19 Motion.pdfDownload
219 Duggan Surreply re Rule 19 Motion.pdfDownload
226 MJ Order on Judicial Estoppel Motion.pdfDownload
232 MJ Order Denying Rule 19 Motion.pdfDownload
233 MJ Order Denying Martorello Motion.pdfDownload

First Circuit Briefs in Littlefield v. Mashpee Wampanoag Indian Tribe

Matthew L.M. Fletcher

Here:

Mashpee Brief

Littlefield Answer Brief

Mashpee Reply

Prior posts here.

Additional Amended Final Judgments in Aquinnah Wampanoag Gaming Case

Matthew L.M. Fletcher

Here are the additional materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

201 Amended Final Judgment

205 State Motion to Amend

207 Tribe Motion to Stay Judgment

208 Opposition to 205

215 Second Amended Judgment

217 Opposition to 207

218 DCT Order Denying 207

221 Tribe Motion to Amend

227 State Response

230 Third Amended Judgment

Prior post here.

Federal Judge Issues Final Judgment for Town of Aquinnah on Remand from First Circuit

Matthew L.M. Fletcher

Here are the materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

181 Town Motion for Final Judgment

183 Community Assn Motion

185 Tribe Opposition

196 Tribe Surreply

197 Community Assn Reply

198 State Brief

200 DCT Order

Readers might recall that the circuit instructed the district court to “ent[er] judgment in favor of the Tribe” (link to panel materials here). Here is the district court’s answer to that order:

In summary, the Tribe could have appealed those portions of the judgment that provided that it must comply with state and local permitting and other regulatory  requirements. Instead, it only appealed those portions addressing gaming issues. An amended final judgment in favor of the Tribe as to the gaming issues is of course required. The remainder of the judgment, however, will be reinstated in substance. If the Tribe seeks to construct and operate a gaming facility, it need not comply with state and local gaming laws, but it must comply with all state and local laws and regulations of general applicability to the construction and operation of a commercial building.

Federal Court Rejects Martha’s Vineyard Landowners Suit for Compensation after Failed Land Disputes with Tribe, State, Everyone Else

Matthew L.M. Fletcher

Here are the materials in DeCoulos v. Town of Aquinnah (D. Mass.):

15 town of aquinnah motion to dismiss

20 community association motion to dismiss

24 opposition

35 dct order

Interior Loses Mashpee Wampanoag Trust Acquisition Challenge

Matthew L.M. Fletcher

Here are the materials in Littlefield v. Dept. of Interior (D. Mass.):

56 Interior Motion for Summary J

59 Plaintiffs Motion for Summary J

69 City of Taunton Amicus Brief

81 DOI Supplemental Brief

82 Plaintiffs Supplemental Brief

83 USET Amicus Brief

86 Plaintiffs Response to 83

87 DCT Order