District of Nevada – Page 7

Goshute Tribes Join Suit against BLM over S. Nevada Water Authority’s Groundwater Mining and Pipeline Project

February 20, 2014Matthew L.M. Fletcher

Here (CTGR SNWA-ROD Lawsuit Press Release 2 19 14 Final):

Confederated Tribes of the Goshute Reservation Join Coalition

Lawsuit against BLM’s Authorization of the Southern Nevada Water Authority’s Massive Groundwater Mining and Pipeline Project

Ibapah, Utah – The Confederated Tribes of the Goshute Reservation (CTGR) joined the Great Basin Water Network’s recent lawsuit against the Bureau of Land Management (BLM) and Department of Interior (DOI) last week. The lawsuit challenges BLM’s decision to grant a right-of-way for a water pipeline that would destroy irreplaceable cultural and natural resources.

“We cannot look the other way when the future of our people and homelands are in the hands of those who have their priorities mixed up,” stated CTGR Tribal Chairperson Madeline Greymountain.

“The federal government has failed in its trust responsibility, therefore CTGR has no recourse but to file suit against BLM for failure to protect our interests, which is a legal and moral obligation of the highest fiduciary standard.”

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FMLA Suit against Nevada Inter-Tribal Council Dismissed

September 12, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Carsten v. Inter-Tribal Council of Nevada (D. Nev.):

Federal Trade Commission Partially Settles Suit against Indian Country Payday Lenders

July 23, 2013Matthew L.M. Fletcher2 Comments

The case is Federal Trade Commission v. AMG Services (D. Nev.). Here are the most recent materials from the FTC website:

Order and Report and Recommendation Regarding Tribal Defenses [PDF-45 Pages]
Agreed Joint Motion to Enter Stipulated Order for Permanent Injunction and Judgment [PDF-5 Pages]
Stipulated Order for Permanent Injunction and Judgment [Proposed] [PDF-26 Pages]
News Release

News coverage here.

Briefs here:

FTC Motion for Partial Summary J

AMG Response

Brady Response

Tucker Defendants Response

FTC Reply

Grand Canyon Skywalk Development Corp. Sues Hualapai Officials for Defamation and Other Claims

April 26, 2013Matthew L.M. Fletcher2 Comments

Here is the complaint in Grand Canyon Skywalk Development Corp. v. Steele (D. Nev.):

GCSD v Steele et al Complaint

An excerpt:

This is an action for defamation, business disparagement, and civil conspiracy. The Defendants have conspired to publish and have in fact published false and intentionally defamatory statements designed to disparage the reputation of Plaintiffs. The statements have resulted in damaging the reputations of GCSD, Jin and Quasula, and substantial damages have been incurred, in Las Vegas, Nevada, where Jin and Quasula reside, and where GCSD is headquartered.

Another Update in Winnemucca Leadership Dispute

March 13, 2013Matthew L.M. Fletcher

Eh, nothing changed.

DCT Order Denying Motion to Reconsider

Ayer Group Motion for Reconsideration

Wasson Response

The previous order is here.

Moapa Drops Tribal Court Suit against Wells Fargo; Agrees to Mediation (Updated 2/25/13)

February 22, 2013February 25, 2013Matthew L.M. Fletcher

Here is the tribe’s press release:

MOAPA DISMISSES TRIBAL COURT ACTION
Moapa, NV –The Moapa Band of Paiute Indians today announced that it and Wells Fargo Financial Advisors LLC had agreed to submit to mediation certain issues between the parties, and that the Band had caused dismissal of an action against Wells Fargo Financial Advisors commenced in the Tribe’s tribal court.
Tribal Chairman William Anderson commented that “The Tribe will always defend its inherent sovereign rights. However, the Tribe also observes its valid agreements, including valid waivers of its sovereign immunity. Further, the Band strives to be commercially responsible in its contractual relationships. We believe that the Band’s voluntary submission of the issues to mediation and dismissal of the tribal court action reflect these principles. We hope that through good faith mediation the parties will mutually resolve the issues.”
About the Moapa Band of Paiutes
The Moapa Band of Paiute Indians is located on its 72,000 acre Moapa River Reservation in Nevada. The Tribe’s reservation is the proposed site of a solar 350 megawatts energy project generating (sufficient to power 100,000 homes) being developed by K Road Power.

We posted on this case here.

Update — docs here:

Moapa 2-22-13 Press Release

Moapa Tribal Court Dismissal

Wells Fargo Motion for TRO against Moapa Tribal Court Denied

February 7, 2013February 7, 2013Matthew L.M. Fletcher5 Comments

Here are the materials in Wells Fargo Advisors v. Kolhoss (D. Nev.):

DCT Order Denying TRO

Wells Fargo Complaint

Wells Fargo Motion for TRO

Moapa Tribal Court Order

Wells Fargo Motion to Dismiss — Moapa Tribal Court [corrected]

From the federal court order:

Plaintiffs initiate this declaratory relief action seeking to declare that the tribal court lacks jurisdiction because the Tribe has waived sovereign immunity and agreed to arbitration. Plaintiffs seek an ex parte emergency temporary restraining order to enjoin the tribal court from proceeding with a hearing scheduled for February 7, 2013. However, the Court denies Plaintiffs’ Motion because (1) the Motion does not comply with Federal Rule of Civil Procedure 65 and the District of Nevada Local Rules; (2) Plaintiffs fail to demonstrate the existence of an emergency; and (3) Plaintiffs fail to demonstrate that they will suffer irreparable harm should the Court deny their Motion.