Ute Tribe Sanctioned for Abuse of Judicial Process/Acting in Bad Faith

Here are the new materials in the long-running Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

205 Becker Notice of Intent to Subpoena

206 Tribe Motion to Quash

210 Opposition

211 Reply

221 DCT Order to Show Cause

228 Response to Order to Show Cause

234 Becker Memorandum re Tribe’s Documents

235 Becker Response to Order re Sanctions against Tribe

238 Jurrius Reply

243 Tribe Reply

244-1 Becker Surreply

260 DCt Order

261 DCT Order re Unsealing

261-1 Arbitration Statement of Claims

261-2 Jurrius Counterclaims

261-3 Tribe’s Response

261-4 Settlement Agreement

262 Becker Statement of Fees

263 Jurrius Statement of Fees

269 DCT Order Denying Motion for Reconsideration

270 Tribe Motion to Reconsider 260

273 Tribe Objection to 263

274 Tribe Objection to 262

276 Opposition to 270

280 Response to 273

281 Reply in Support of 270

Prior post here.

Federal Court Orders Exhaustion (again) of Tribal Remedies in Suit against LDS

Here are the materials in Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. F.D. (D. Utah):

1-1 Federal Complaint

10 FD Motion to Dismiss

11 Notice of Removal

19 Motion to Remand

19-1 DCT Stay Order

19-2 Redacted Complaint

32 FD Opposition

40 Reply

43 DCT Order

A related case, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. B.N. (D. Utah), is stayed:

2 Complaint

2-1 BN Tribal Court Complaint

2-2 Window Rock DCT Order on Motion to Dismiss

2-3 Navajo SCT Opinion

17 BN Motion to Dismiss

23 Opposition

24 Reply

45 DCT Stay Order

Our prior post on the first order to exhaust is here.

Federal Court Refuses to Enforce Ute Tribal Court Order over Water Rights

Here are the materials in Ute Indian Tribe v. McKee (D. Utah):

55 Tribe Motion for Summary Judgment

55-1 Volume I of Appendix

60 McKee Cross-Motion

64 Ute Reply

68 McKee Reply

89 DCT Order

Prior post here.

Tenth Circuit Briefs in Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Here:

3-24-20 Appellants’ Opening Brief

5-22-20 Appellees’ Brief

6-5-20 Appellants’ Reply Brief

Lower court materials here.

Tenth Circuit Affirms United States v. Uintah Valley Shoshone Tribe

Here is the opinion. An excerpt:

We recognize that in interpreting federal statutes in Indian affairs we “provide for a broad construction when the issue is whether Indian rights are reserved or established, and for a narrow construction when Indian rights are to be abrogated or limited.” Felter, 752 F.2d at 1512; see also F. Cohen, Handbook of Federal Indian Law 224–25 (1982). In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. But we cannot also conclude that the Termination Act implicitly gave the Uintah Valley Shoshone Tribe authority to exercise Ute tribal rights with respect to hunting and fishing, when the Act plainly established those rights within the Ute Tribe.

Briefs here.

Federal Court Materials in Ute Banishment Case

Here are the materials so far in Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation (D. Utah):

2-complaint.pdf

20-motion-for-immediate-release.pdf

46-tribe-motion-to-dismiss.pdf

47-response-to-mtd.pdf

53-reply-in-support-of-motion-for-release.pdf

54-reply-in-support-of-mtd.pdf

73-motion-for-atty-fees.pdf

77-response-to-motion-for-atty-fees.pdf

79-reply-in-support-of-motion-for-atty-fees.pdf

82-motion-to-intervene.pdf

83-dct-order-denying-intervention.pdf

Federal Court Enjoins HUD’s New National Down Payment Assistance Rule

Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah):

59-1-state-amicus-brief.pdf

69-hud-opposition.pdf

72-industry-amicus-brief.pdf

73-reply-in-support-of-motion-for-pi.pdf

News article explaining the injunction here.

We posted the complaint and the motion here.