District of New Mexico – Page 14

Pueblo of Isleta v. NLRB Complaint

May 4, 2015Matthew L.M. Fletcher

Here:

An excerpt:

This is an action to protect the sovereignty of the Pueblo of Isleta (“Pueblo”) from infringement by the National Labor Relations Board and its members (collectively the “Board”) in violation of federal law, specifically this Circuit’s clear rule that general federal laws do not apply to a tribal government’s exercise of sovereign authority absent express congressional authorization, and that the NLRA does not contain such express authorization. Dobbs v. Anthem Blue Cross & Blue Shield, 600 F.3d 1275, 1283 (10th Cir. 2010). At a hearing to commence on May 5, 2015 the Board intends – unless restrained – to apply the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151-169, to the Pueblo’s regulation, operation, and management of gaming in the exercise of its inherent sovereign authority and pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-2721, by subjecting the Pueblo to trial on unfair labor practice charges brought under Section 8(a) of the NLRA, 29 U.S.C. § 158(a). The Board is proceeding on behalf of an individual, Shawna Perea (“Perea”), whom the Board alleges was terminated for allegedly engaging in concerted activities protected under Section 7 of the NLRA, 29 U.S.C. § 157.

Federal Court Issues Injunction Ordering IHS to Fund Navajo Health Foundation—Sage Memorial Hospital

May 1, 2015Matthew L.M. Fletcher

Ah, it’s a little old, but here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

17 Motion for PI

36 Response

41 Reply

62 DCT Order Granting PI

An excerpt:

The Court held a hearing on February 12, 2015. The primary issues are: (i) whether the Court will order a permanent injunction; and (ii) whether the Court will order a preliminary injunction. The Court will not order a permanent injunction. The Court will, however, order a preliminary injunction to require Defendants Sylvia Matthews Burwell, Yvette Roubideaux, John Hubbard, Jr., and Frank Dayish (collectively, “the Defendants”), to fund the Navajo Health Foundation—Sage Memorial Hospital, Inc., according to the terms of: (i) the Annual Funding Agreement Between Navajo Health Foundation /Sage Memorial Hospital and the Secretary of the Department of Health and Human Services Fiscal Year 2013, filed January 13, 2015 (Doc. 21–2)(“2013 AFA”); and (ii) the Indian Self–Determination Contract Between Navajo Health Foundation/Sage Memorial Hospital and the Secretary of the Department of Health and Human Services, filed January 13, 2015 (Doc. 21–1)(“2010 Contract”), until this case is resolved on the merits. The Court will also order both parties to comply with the terms and conditions of the 2013 AFA and the 2010 Contract until this case is resolved on the merits. Among other things, this means that the Defendants must reinstate Sage Hospital’s coverage under the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(“FTCA”), as Section 4 of the 2013 AFA provides. The Court will not require Sage Hospital to post a bond.

Prior materials here.

Settlement in Suit against Tax Loans Company at Navajo

April 20, 2015Matthew L.M. Fletcher

Here is the stipulated judgment in Consumer Financial Protection Board v. S/W Tax Loans Inc. (D. N.M.):

7 Stipulated Final Judgment and Order

We posted the complaint here.

Consumer Financial Protection Board and Navajo Nation Sue Tax Loans Company

April 14, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Consumer Financial Protection Board v. S/W Tax Loans Inc. (D. N.M.):

1 – Complaint

2015-04-14 OAG PressRlse NN and Consumer Financial Protection Bureau Take Action to Stop an Illegal Tax Refund Scheme

An excerpt from the press release:

Today, the Office of the Attorney General and the Department of Justice announced, together with the Consumer Financial Protection Bureau (CFPB), it is suing companies and individuals who operated an illegal tax-refund scheme. The scheme was based on tax-preparation franchises steering low-income consumers, including many citizens of the Navajo Nation, toward high-cost tax-refund-anticipation loans. A proposed order, if approved by the court, would result in roughly $438,000 in total consumer redress and require the defendants to pay $438,000 in civil penalties for their unfair, deceptive, and abusive practices.

Navajo Health Foundation ISDEAA Suit against IHS to Proceed in New Mexico Federal Court

February 23, 2015Matthew L.M. Fletcher1 Comment

Here are the materials so far in Navajo Health Foundation — Sage Memorial Hospital v. Burwell (D. N.M.):

8 HHS Motion to Dismiss or Transfer

14 Navajo Health Response

18 HHS Reply

37 DCT Denying Motion to Dismiss or Transfer

An excerpt:

THIS MATTER comes before the Court on the Defendants’ Motion to Dismiss Under Fed.R.Civ.P. 12(b)(3) or Motion to Transfer Under 28 U.S.C. § 1401(a),¹ filed November 25, 2014 (Doc. 8)(“Motion”). The Court held a hearing on January 27, 2015. The primary issues are: (i) whether the United States District Court for the District of New Mexico is a proper venue for this case under 28 U.S.C. § 1391(e)(1)(A); (ii) whether the District of New Mexico is a proper venue for this case under 28 U.S.C. § 1391(e)(1)(B); and (iii) whether the Court will transfer the case to the United States District Court for the District of Arizona under 28 U.S.C. § 1404(a). First, the Court concludes the District of New Mexico is a proper venue for this case under § 1391(e)(1)(A), because Defendant Frank Dayish is domiciled in New Mexico. Second, the Court holds that the District of New Mexico is not a proper venue for this case under § 1391(e)(1)(B), because a “substantial part of the events or omissions giving rise to the claim” did not occur in New Mexico. 28 U.S.C. § 1391(e)(1)(B). Third, the Court will not transfer the case to the District of Arizona under § 1404(a), because Sage Hospital filed suit in the District of New Mexico, and because the District of New Mexico is a more convenient forum for the witnesses, the parties, and for obtaining the relevant documents than the District of Arizona is. Consequently, the Court will deny the Motion.

Amerind Risk Management Corp. v. Blackfeet Housing — Complaint to Compel Arbitration

January 29, 2015Matthew L.M. Fletcher1 Comment

Here is the complaint in Amerind Risk Management Corp. v. Blackfeet Housing (D. N.M.):

1 Complaint

Complaint in Atlantic Richfield Co. v. United States over Uranium Mining Remediation on Pueblo of Laguna Lands

January 26, 2015Matthew L.M. Fletcher2 Comments

Here is the complaint in Atlantic Richfield Co. v. United States (D. N.M.):

1-1 Complaint

An excerpt:

1. Atlantic Richfield seeks a declaration of its rights and other relief to prevent the United States from imposing upon Atlantic Richfield responsibility for funding or performing any environmental reclamation or remediation work at the Jackpile-Paguate Uranium Mine (the “Jackpile Site” or the “Site”), because Atlantic Richfield paid $43,600,000 to the Laguna and the United States in 1986 for a comprehensive settlement and release of Atlantic Richfield’s environmental liability for the Site.

2. The Jackpile Site is located within the Pueblo of Laguna Reservation in Cibola County, New Mexico. Before, during, and after mining operations at the Site by Atlantic Richfield’s predecessor, the United States held legal title to some or all of the land within the Site. The United States currently holds legal title to some or all of the land within the Site. At all relevant times, the federal trust doctrine imposed, and continues to impose, fiduciary duties upon the United States with regard to all of the land within the Jackpile Site.

3. The United States promoted and encouraged uranium exploration and mining on the Pueblo of Laguna Reservation, including at the Jackpile Site. Beginning in the 1940s, the United States implemented a decades-long program to locate, acquire, and process uranium ore and to purchase uranium ore and uranium concentrate for military purposes. The United States’ uranium procurement program ultimately included the Jackpile Site. Until the late 1960s, the United States was the sole purchaser of all the uranium produced from domestic uranium mines, including from the Jackpile-Paguate Uranium Mine. During this period, the United States exercised pervasive control over the domestic uranium industry, including all aspects of uranium exploration, production, processing, and marketing.

Navajo Gaming Sues State Judge to Enjoin Personal Injury Suit in State Court

October 23, 2014Matthew L.M. Fletcher

Here are the materials in Navajo Nation v. Aragon (D. N.M.):

1 Complaint

1-1 State Court Complaint

4 Navajo Motion for TRO

Federal Court Invalidates Part 291 Secretarial Procedures in Pojoaque Pueblo Case

October 20, 2014Matthew L.M. Fletcher2 Comments

Here are the materials in State of New Mexico v. Dept. of Interior (D. N.M.):

37 Interior Motion for Summary J

39 New Mexico Motion for Summary J

40 Pojoaque Opposition

41 New Mexico Opposition

42 Interior Opposition

An excerpt:

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior’s legal authority to implement regulations found in 25 C.F.R. § 291 (“Secretarial Procedures” or “Part 291 regulations”). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because they conflict with the unambiguous terms of the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. and violate New Mexico’s sovereign immunity under the Eleventh Amendment.