exhaustion of tribal court remedies

New Mexico Federal Court Dismisses Business Loan Enforcement Action against Indian Company to Allow for Exhaustion of Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Rural Community Assistance Corporation v. Major Market Inc. (D.N.M.):

1 Complaint.pdfDownload
8 Motion to Dismiss.pdfDownload
18 DCT Order.pdfDownload

New Mexico Federal Court Orders Tribal Court Exhaustion in Suits Involving Laguna Development Corporation

Matthew L.M. Fletcher

Here are the materials in Ultraclean Fuel (Transmix) LLC v. LDC Energy LLC (D.N.M.):

1 Complaint

8 Motion to Dismiss

13 Opposition

17 Reply

19 DCT Order

Minnesota Federal Court Orders Tribal Court Exhaustion in White Earth Land Use Dispute

Matthew L.M. Fletcher

Here are the materials in Vipond v. Degroat (D. Minn.):

1-1 Tribal Court Proceedings

4 Amended Complaint

15 Motion for Stay

21 Tribal Court Response to Motion to Stay

24 Motion for Preliminary Injunction

33 Opposition to Motion for Stay

37 Tribal Court Opposition to Motion for PI

38 Tribe Opposition to Motion for PI

44 Reply ISO Motion for PI

47 Magistrate Order

49 Tribe Opposition

50 Plaintiff Objections

55 DCT Order

Montana Federal Court Dismisses Challenge to Blackfeet Tribal Jurisdiction, Again Orders Exhaustion

Matthew L.M. Fletcher

Here are the materials in Kumar v. Schildt (D. Mont.):

1 Complaint

10 Motion to Dismiss

21 Opposition

25 Reply

27 DCT Order

Prior post here.

Mississippi Federal Court Orders Tribal Court Exhaustion in Claim against Choctaw Resort

Matthew L.M. Fletcher

Here are the materials in Brown v. Choctaw Resort Development Enterprise (S.D. Miss.):

1 Complaint

7 Motion to Dismiss

9 Response

10 Reply

19 DCT Order

SPJ in the house.

California Federal Court Dismisses Tribal Member Property Dispute after Failure to Exhaust Tribal Appellate Remedies [Round Valley Indian Tribe]

Matthew L.M. Fletcher

Here are the materials in Pacino v. Oliver (N.D. Cal.):

27 Second Amended Complaint

71 Tribal President Motion to Dismiss

73 Interior Motion to Dismiss

76 Pacino Opposition to 71

77 Pacino Opposition to 73

83 Reply in Support of 71

86 Oliver Motion to Dismiss

88 Pacino Opposition to 86

89 Reply in Support of 86

90 DCT Stay Order

98 DCT Order to Show Cause re Tribal Exhaustion

100 Oliver Supplemental Brief

102 Pacino Supplemental Brief

103 Round Valley Amicus Suppemental Brief

112 DCT Order

New York Federal Court Dismisses Third Party Claims against Cayuga and Clint Halftown [except for recoupment] in Smoke Shop Dispute

Matthew L.M. Fletcher

Here are the updated materials in Cayuga Nation v. Parker (N.D. N.Y.):

64 Meyer Third Party Complaint.pdfDownload
65 Parker Third Party Complaint.pdfDownload
75-1 Tribe Motion to Dismiss Third Party Claims.pdfDownload
76-1 Halftown Motion to Dismiss Third Party Claims.pdfDownload
77 Parker Response.pdfDownload
78 Meyer Response.pdfDownload
79 Tribe Reply.pdfDownload
81 Meyer Opposition.pdfDownload
82 Tribe Reply.pdfDownload
86 DCT Order.pdfDownload

Prior post here.

South Dakota Federal Court Orders Tribal Exhaustion in Wrongful Death Suit against Rosebud Tribal Police, Feds Dismissed from Suit

Matthew L.M. Fletcher

Here are the materials in Archambault v. United States (D.S.D.):

1 Complaint

20 Atman Motion to Dismiss

23 US Motion to Dismiss

26 Romero Motion to Dismiss

31 Response

33 US Reply

34 Atman Reply

37 Romero Reply

42 DCt Order

Montana Federal Court Dismisses Contract Claim over Sale of C-Store on Trust Land at Blackfeet [interpretation of 28 U.S.C. § 1353]

Matthew L.M. Fletcher

Here are the materials in Kumar v. Schildt (D. Mont.):

1 Complaint

13 Motion to Dismiss

16 Response

17 Reply

24 DCt Order

Luckily for all parties, the tribal court appears to be across the street from the store.

New York Federal Court Declines to Enjoin Smoke Shops at Cayuga

Matthew L.M. Fletcher

Here is the order in Cayuga Nation v. Parker (N.D. N.Y.):

59 DCT Order.pdfDownload
Akwesasne Notes, 1986

Prior post here.