SCOTUS Denies Cert in Knighton v. Cedarville Rancheria

Here is the order list.

Cert stage materials here.

Lower court materials here.

Federal Court Materials in Tribal Property Line Dispute

Here are the materials in Grindstone Indian Rancheria v. Olliff (E.D. Cal.):

1 Complaint

15 Amended Answer + Counterclaim

16 Motion to Dismiss Counterclaim

18 Response

19 Reply

21 DCT Order Dismissing Counterclaim

29 Tribe Motion for Summary Disposition

32 Response

35 Reply

37 DCT Order

Federal Court Dismisses Big Sandy Rancheria’s Challenge to State Tax Laws

Here are the materials in Big Sandy Rancheria Enterprises v. Becerra (E.D. Cal.):

1-complaint-6.pdf

10-1-state-treasury-mtd.pdf

11-1-state-ag-mtd.pdf

13-first-amended-complaint-2.pdf

15-1-state-ag-mtd.pdf

16-1-state-treasury-mtd.pdf

20-tribe-response-to-16.pdf

21-tribe-response-to-15.pdf

23-state-tax-dept-reply.pdf

24-state-ag-reply.pdf

44-dct-order.pdf

Knighton v. Cedarville Rancheria Cert Petition

Here:

cert-petition.pdf

Questions presented:

“[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions to that rule. But the Court has never resolved the question of whether tribal courts may ever exercise civil tort jurisdiction over nonmembers. In Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) and in Dollar General Corporation and Dolgencorp, LLC v. The Mississippi Band of Choctaw Indians, et. al. 136 S.Ct. 2159 (2016) the issue was brought before this Court, but unanswered. This case presents the issue of: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers?

Further this case presents the issue of: If the Indian tribal courts have jurisdiction to adjudicate civil tort claims over nonmembers, what is the prerequisite notice of any such authority, what is the prerequisite consent thereto by a nonmember, and what is the viable scope of such jurisdiction so as to satisfy the Due Process rights of a nonmember?

Lower court materials here.

UPDATE:

Brief in Opposition–PDFA

Ninth Circuit Briefs in Stand Up for California! v. Dept. of Interior [No. 18-16830]

Here:

Opening Brief

North Fork Brief

Federal Brief

Reply

Lower court materials here.

Update:

CA9 decision

Ninth Circuit Briefs in Club One Casino v. Dept. of Interior [Challenge to IRA Section 5]

Here:

Opening Brief

DOI Answer Brief

Reply

Lower court materials here.

Federal Court Dismisses California Tribes’ Card Rooms Exclusivity Complaint

Here are the materials in Yocha Dehe Wintun Nation v. Newsom (E.D. Cal.):

11-1 California Gaming Assn Motion to Intervene

11-5 Proposed Motion to Dismiss

17-1 State Motion to Dismiss

21 Tribes Opposition to Motion to Intervene

22 State Opposition to Motion to Intervene

23 Proposed Intervenors Reply

26 Tribe Opposition to State Motion to Dismiss

29 DCT Order

Prior post here.

Ninth Circuit Panel Grants Rehearing in Knighton v. Cedarville Rancheria

Maybe this is nothing, but this is a little bit WEIRD . . . in that the Ninth Circuit’s opinions webpage links to an order granting rehearing (here) but there was no response brief docketed AND there is nothing on the court’s docket sheet indicating the petition was granted.

Here is the petition BTW:

Knighton Petition for Rehearing

Panel materials here.

 

Federal Court Declines to Enjoin Secretarial Election at Calif. Valley Miwok

Here are the materials in Aranda v. Sweeney (E.D. Cal.):

1 Complaint

4-2 Motion for TRO

4-3 Declaration of Everyone

6 DCT Order Denying Motion for TRO

Ninth Circuit Decision in Knighton v. Cedarville Rancheria

Here is the opinion in Knighton v. Cedarville Rancheria of Northern Paiute Indians.

Briefs here.