Eastern District of California – Page 14

Bishop Paiute Tribes Sues Inyo County for Prosecuting Tribal Police Officer

March 12, 2015March 12, 2015Matthew L.M. Fletcher2 Comments

Here is the complaint in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

An excerpt:

This action is for declaratory and injunctive relief by the Bishop Paiute Tribe (“Tribe”), a federally recognized Indian Tribe, against Inyo County, the Inyo County’s Sheriff and District Attorney, for the arrest and prosecution of a Bishop tribal law enforcement officer for performing his duties on the Tribe’s Reservation. The Tribe seeks an order declaring that Defendants are interfering with the Tribe’s inherent sovereign authority to take action, defined by federal law, against non-Indians perpetrators on tribal lands. Federal law establishes that tribes have inherent authority over non-Indians on tribal lands to stop, restrain, detain, investigate violations of tribal, state and federal laws, and deliver or transport the non-Indian to the proper authorities. Duro v. Reina, 495 U.S. 676 (1990), Ortiz-Barraza v. United States, 512 F. 2d 1176 (9 th Cir. 1975). Defendants have arrested, and criminally charged, Daniel Johnson, a duly authorized Bishop tribal law enforcement officer, while he was executing federal prescribed police duties against a non-Indian, on the Tribe’s Federal Reservation.

News coverage here.

Former Picayune Rancheria Council Member Sues Interior Secretary over Removal from Council

March 12, 2015Matthew L.M. Fletcher

Here is the complaint in Hammond v. Jewell (E.D. Cal.):

1 Complaint

Paskenta Band Files RICO Action against Former Leaders and Officials

March 11, 2015Matthew L.M. Fletcher1 Comment

Here is the complaint in Paskenta Band of Nomlaki Indians v. Crosby (E.D. Cal.):

1 Complaint

An excerpt:

Through this action the Paskenta Band of Nomlaki Indians (the “Tribe”), on behalf of its three hundred plus Tribal members, together with its principal business vehicle, the Paskenta Enterprises Corporation (“PEC”) seek to hold responsible a cadre of individuals who, over the course of approximately 17 years, took over control of the Tribal government and PEC. Through a concerted and systematic program of fraud, coercion, intimidation, extortion, bribery and deception, these individuals stole and otherwise diverted tens of millions dollars in Tribal money for their own personal benefit, as well as for those who substantially assisted them in this scheme.

News coverage here.

Employee Case Dismissed for Failure to Exhaust Tribal Remedies

February 16, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Resources for Indian Student Education Inc. v. Cedarville Rancheria of Northern Pauite Indians (E.D. Cal.):

14-1 Cedarville Motion to Dismiss

15-2 Cedarville Motion for Sanctions

18 Cedarville Tribal Court Motion to Dismiss

24 RISE Opposition to Rancheria Motion to Dismiss

25 RISE Opposition to Motion for Sanctions

26 RISE Opposition to Tribal Court Motion to Dismiss

29 Rancheria Reply

30 Tribal Court Reply

33 DCT Order

Additional Update on California v. Picayune Rancheria

February 11, 2015Matthew L.M. Fletcher

Pleadings filed today:

2015 02 10 Decl of GMH ISO Joint Request to Reschedule MSC (1)

2015 02 10 Joint Request to Reschedule MSC-ndh

2015.02.10 [PROPOSED] Order Rescheduling MSC

Update in California v. Picayune Rancheria

February 11, 2015Matthew L.M. Fletcher

Here are the materials:

58 Reid Council Motion for Order to Show Cause

61 Opposition

63 Reid Council Reply

65 DCT Order Denying Motion

Here are previous materials in this suit.

Ninth Circuit Briefs in Bodi v. Shingle Springs Band of Miwok Indians — Whether Removal To Federal Court Waives Immunity

February 6, 2015March 17, 2015Matthew L.M. Fletcher1 Comment

Here:

Shingle Springs Opening Brief

Puyallup and Arctic Slope Amicus Brief

Bodi Answering Brief

Shingle Springs Reply

Lower court materials here.

Bank of the Sierra v. Picayune Rancheria of the Chukchansi Indians Materials

December 16, 2014Matthew L.M. Fletcher

Here:

1 Complaint

14 DCT Order Dismissing Case

15 Unification Council Motion to Vacate Order

22 McDonald Council Opposition

23 Unification Council Reply

27 DCT Order Disbursing Funds

California Valley Miwok Tribe Again Fails at Recovering Foreclosed Land

December 9, 2014Matthew L.M. Fletcher

Here are the materials in Burley v. OneWest Band FSB (E.D. Cal.):

22 OneWest Motion to Dismiss

23 Opposition

24 Reply

31 DCT Order granting Motion to dismiss

An excerpt:

Plaintiffs Silvia Burley and the California Valley Miwok Tribe (“Miwok Tribe”) brought this action against defendants OneWest Bank, FSB (“OneWest”), Deutsche Bank National Trust Company (“Deutsche Bank”), and Meridian Foreclosure Service (“Meridian”) to recover title over land and damages in connection with the alleged wrongful foreclosure and sale of the plaintiffs’ real property. On August 26, 2014, this court issued an order (“Aug. 26, 2014 Order”) dismissing plaintiffs’ case for lack of subject matter jurisdiction and giving plaintiffs’ twenty days to file an amended complaint. (Docket No. 17.) Plaintiffs filed their First Amended Complaint (“FAC”) asserting claims under the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. §§ 1691, et seq., the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601, et seq., and several state law claims essentially repeated from their original Complaint. (Docket No. 18.)

Prior proceedings are posted here.