Federal Court Denies Reconsideration and Grants Attorney Fees in Enerplus v. Wilkinson

Here are the new materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.):

94 Motion for Reconsideration

96 Response

98 Enerplus Motion for Atty Fees

101 Response to Motion for Atty Fees

104 Reply in Support of Motion for Atty Fees

105 DCT Order

Prior posts here.

Federal Court Rejects Effort to Enforce Settlement Agreement in Tribal Court

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.):

78 Motion for Summary J

84 Response

85 Reply

91 DCT Order

An excerpt:

Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division Orders, the Tribal Court clearly lacks jurisdiction over the case. The record before this Court clearly establishes that every party to the dispute agreed to the forum selection clauses at issue. Thus, Enerplus is entitled to a declaratory judgment that the forum selection clauses at issue preclude the Tribal Court from exercising jurisdiction over any dispute arising from those documents, and preclude Wilkinson from asserting in Tribal Court any claims arising from, and related to those documents.

CA8 materials here.

Federal Court Orders Indian Lessee & Attorney to Return Royalty Overpayment

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D. N.D.):

62-enerplus-motion-for-summary-j

70-response

73-reply

75-dct-order

Materials in the pending Eighth Circuit portion of this case are here.

Eighth Circuit Materials in Challenge to Tribal Court Jurisdiction over Trust Land Minerals Royalties

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson:

Appellant Brief

Appellee Brief

District of North Dakota materials:

4 Enerplus Motion for PI

10 Wilkinson Opposition

10-3 MHA Nation SCT Opinion

19 Enerplus Response

48 DCT Order