Federal Court Finds Factual Misrepresentations Made to Fourth Circuit in Williams v. Big Picture Loans LLC

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

599 DCT Order

601 DCT Order

613 Martorello Statement of Position

624 Williams Response to 613

784 Williams Statement of Position

910 Williams Supplemental Memorandum

944 DCT Order

Excerpts: Continue reading

Fourth Circuit Briefs in Case Involving Tribal Sovereign Lending of Habematolel Pomo of Upper Lake

Here are the briefs in Hengle v. Treppa:

Appellant Brief

Habematolel Pomo of Upper Lake Consumer Financial Services Regulatory Commission Amicus Brief

NAFOA Amicus Brief

New Mexico Amicus Brief

Lower court materials here.

Federal Court Certifies Tribal Lending Case for Interlocutory Appeal

Here are materials in Hengle v. Asner (E.D. Va.):

Federal Court Allows Class Action against Tribal Sovereign Lending of Habematolel Pomo of Upper Lake to Proceed

Here are the materials so far in Hengle v. Asner (E.D. Va.):

54 Amended Complaint

58 Asner Motion to Compel

60 Asner Motion to Dismiss

63 Tribal Officials Motion to Compel

65 Tribal Officials Motion to Dismiss

76 Tribe Amicus Brief

95 Response to 76

96 Response to 63

97 Response to 58

98 Response to 65

99 Response to 60

102 Amicus Brief of Tribal Amici Curiae

103 Reply in Support of 58

104 Reply in Support of 60

105 Reply in Support of 63

106 Reply in Support of 65

107 Response to 102

109 DCT Order

Fourth Circuit Favors Tribal Immunity in Williams v. Big Picture Loans LLC

Here is the opinion.

Briefs here.

Fourth Circuit Briefs in Williams v. Big Picture Loans

Here:

appellant brief

williams appellee brief

center for responsible lending amicus brief

conference of tribal lending commissioners amicus brief

States Brief

ncai amicus brief

Redacted Reply Brief

Lower court materials here.

Materials in Williams v. Big Picture Loans LLC [Lac Vieux Desert Ojibwe Enterprise]

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.):

23 big picture mtd jurisdiction

27 big picture mtd exhaustion

29 tribal officials mtd

83 opposition to 23

86 opposition to 27

87 opposition to 29

99 reply in support of 23

100 reply in support of 27

101 reply in support of 29

146 dct order

Update (4/17/19) — Here are materials in a related matter, Weddle v. Williams (D. Colo.):

1 Motion to Quash Subpoena

11 Motion to Transfer Motion

12 Response to Motion to Quash

17 Reply in Support of Motion to Quash

18 Response to Motion to Transfer

19 Third Party Motion to Intervene

20 Notice of Third Party Joinder

22 Reply in Support of Motion to Transfer

24 Response to Motion to Intervene

26 Third Party Reply

27 DCT Order Granting Motion to Transfer

Update (5/6/19) — Here are updated materials in Big Picture:

341-motion-to-compel.pdf

368-opposition.pdf

395-reply.pdf

478-dct-order.pdf

Virginia Federal Court Confirms Immunity of Tribal Sovereign Lending Entity

Here are the materials in Howard v. Plain Green (E.D. Va.):

14 Motion to Dismiss

18 Response

19 Reply

21 Magistrate Report

22 DCT Order

DOJ Wins Motion to Dismiss in NCFA v. Jewell (2015 Guidelines Litigation)

This is a big win–the Judge dismissed all claims, including the equal protection and substantive due process ones. In addition, there’s good language for the eventual ICWA regulations.

Here is the order.

This Court GRANTS Defendants’ Motion to Dismiss For Lack of Subject-Matter Jurisdiction and for Judgement on the Pleadings because: (1) Plaintiffs’ claims are precluded by this Court’s October 20, 2015 Memorandum Opinion in which the Court held that Plaintiffs lack standing to challenge the Guidelines, that the Guidelines are not justiciable as a “final agency action,” and that the Guidelines are non-binding interpretive rules; (2) BAF has not demonstrated any authority to support its equal protection, due process, or Indian Commerce Clause claims; (3) the 2015 Guidelines do not commandeer state entities; and (4) BAF has failed to plead a Bivens action.

(emphasis added)

And:

…even if the 2015 Guidelines were legislative rules, rather than interpretive guidelines that do not mandate state court compliance, the 2015 Guidelines still would not commandeer state entities to comply with its regulations… Just as Congress may pass laws enforceable in state courts, Congress may direct state judges to enforce those laws.

As a personal side note, there so many great people who have worked on this litigation since it was filed in May, and they all deserve thanks.