Federal Court Dismisses Effort to Enforce Multi-Million Dollar Tribal Court Judgment for Lack of Subject Matter Jurisdiction

Here are the materials in Brenner v. Bendigo (D. S.D.):

1-1 CRST Court Order

8 Bendigo Motion to Dismiss

9 Brenner Brief

10 Bendigo Response Brief

11 DCT Order

An excerpt:

This is an original garnishment action brought in federal court pursuant to a state statute to enforce a tribal court judgment. Doc. 6. An action for a writ of garnishment filed in federal district court as an independent action does not arise under federal law; it arises under state law. See Berry v. McLemore, 795 F.2d 452, 456 (5th Cir. 1986) (“First, subject matter jurisdiction as defined in 28 U.S.C. § 1331, does not exist, because an action for a writ ofgarnishment arises from state law, not federal law. “). Even when taking all the facts pleaded in the Affidavit as true, this action does not arise under federal law and federal question jurisdiction is not proper.

 

Updated Materials in Heldt v. Payday Financial — Amended Complaint

Additional materials here:

23 Motion for Stay and to Compel Arbitration

30 Amended Complaint

31 Opposition to Motion for Stay

33 Reply in Support of Motion for Stay

34 Motion to Dismiss Amended Complaint

Prior posts here and here.

Update in Federal Trade Commission v. Payday Financial (Martin Webb) — Defendants Ordered to Pay FTC More than $400K

Here are the new materials in Federal Trade Commission v. Payday Financial LLC (D. S.D.):

52 PF Motion for Summary J

58 FTC Response

60 PF Reply

94 FTC Motion for Summary J

103 PF Opposition

114 FTC Reply

117 DCT Order Denying PF Motion for Summary J

120 FTC Memorandum of Supplemental Authority

120-1 Exhibit A

120-3 Exhibit C

131 DCT Order Granting Partial Summary J to FTC

Materials from the complaint here.

Pine Ridge Voting Rights Act Concludes

News coverage here. South Dakota will provide an in-person absentee voting station in Shannon County (Pine Ridge Reservation) for the same number of days as all other areas — 46 days as required under state law — compared to the six days provided to Pine Ridge. South Dakota, after the conclusion of the case, asked for costs; Judge Schreier denied that motion.

Here are the materials in Brooks v. Gant (D. S.D.):

159 DCT Order Dismissing Complaint wo Prejudice

161 South Dakota Bill of Costs

161-1 Exhibit

162 Objection

163 DCT Order Denying Bill of Costs

An excerpt from docket number 163:

Under the facts of this case, it would be unjust to require plaintiffs to pay defendants’ costs. Defendants refused to provide plaintiffs with the relief they requested until this lawsuit was filed. It was only when defendants faced actual litigation that defendants were able to work cooperatively with each other to provide the relief sought by plaintiffs. Additionally, plaintiffs stood to gain nothing personally from this Voting Rights Act litigation. The action was brought by individual plaintiffs, all of whom are persons without great means, to vindicate the voting right of all Native Americans who live on the Pine Ridge Indian  Reservation. Defendants on the other hand, who are being represented by the South  Dakota Public Assurance Alliance, have the wherewithal to afford to pay their share of the costs associated with this litigation. Had defendants voluntarily agreed to provide the relief requested by plaintiffs when approached before the litigation was filed, they could have  avoided the costs they are now seeking.

Federal Court Dismisses Challenge to Cheyenne River Sioux Equitable Compensation Act

Here are the materials in LeBeau v. United States (D. S.D.):

1 Complaint

17 US Motion to Dismiss

20 Opposition

25 US Reply

32 DCT Order Dismissing Complaint

An excerpt:

Plaintiffs brought suit against the United States alleging claims for breach of trust obligations, breach of fiduciary duty, and accounting. The relief sought by plaintiffs is limited to declaratory and equitable relief. The United States moves to dismiss plaintiffs’ complaint in its entirety, arguing plaintiffs lack standing, among other things. Plaintiffs resist the motion. For the following reasons, the motion is granted, and plaintiffs’ claims are dismissed without prejudice.

 

Western Sky Motion to Dismiss Heldt Class Action in South Dakota

Here is the motion in Heldt v. Payday Financial LLC (D. S.D.):

Western Sky Motion to Dismiss

Complaint here.

Update in South Dakota Prisoner Litigation– No Stay on Appeal and Attorney Fees Award

Here are the new materials in Native American Council of Tribes v. Weber (D. S.D.):

DCT Order on Stay and Attorney Fees

Prior materials are here, here, here, and here.

South Dakota “Sovereign Citizens”/Fake Indians Indicted by Feds

Here are the indictments of Ted Nelson, Steve Nelson, and Jerome Adrian for tax evasion. All claimed to be members of the fake “Pembina National Little Shell Band of North America.”

Adrian Indictment

Nelson Indictment

News coverage here. Arrested via predator drone…..

Federal Court Class Action Complaint Filed against Payday Financial/Western Sky/Butch Webb

Here is the complaint in Heldt v. Payday Financial LLC (D. S.D.):

Heldt Complaint

News coverage here.

Prisoner Challenge to Major Crimes Act under 1868 Treaty of Fort Laramie Fails

Here are the materials in United States v. Fay (D. S.D.):

DCT Order

Fay Rule 60 Motion