exhaustion of tribal court remedies

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.

Wyoming Federal District Court Orders Exhaustion

Matthew Campbell

The District Court of Wyoming dismissed a claim against the Eastern Shoshone Tribe and First Nation Healthcare, requiring exhaustion of tribal court remedies. Here is the Order:

clausen-v.-eastern-shoshone-tribe-first-nation-healthcareDownload

And here are the tribal briefs:

first-nation-mtdDownload
tribe-mtdDownload

New York Federal Court Orders Tribal Exhaustion in Smoke Shop Dispute at Cayuga

Matthew L.M. Fletcher

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

Reprinted in Akwesasne Notes, 1970

1 Complaint

2-3 Motion for Injunction

30 Parker Opposition

30-4 Legal Opinion

31 Meyer Opposition

34-1 Parker Motion to Dismiss

35-1 Meyer Motion to Dismiss

37 Reply in Support of 2

40 Opposition to Motions to Dismiss

44 Meyer Reply

45 Parker Reply

45-2 Cayuga Civil Court Order

47-1 Cayuga Civil Court Amended Complaint

49-dct-orderDownload

Tenth Circuit Orders Tribal Court Exhaustion in Ute Dispute with Former Contractor

Matthew L.M. Fletcher

Here is the opinion in Becker v. Ute Indian Tribe.

Briefs:

Ute Opening Brief

Becker Brief

Lawrence Brief

Ute Reply

Lower court order here:

136 DCT Order in 16-579

Briefs in a related appeal, No. 18-4013, are here:

Ute Opening Brief 18-4013

Lawrence Brief 18-4013

Becker Brief 18-4013

Other posts on these matters here.

Update on ICRA Habeas Petition by Washoe Tribe Prisoners — Petition Dismissed for Lack of Exhaustion of Remedies

Matthew L.M. Fletcher

Here are the updated materials in Lundy v. Balaam (D. Nev.):

19 Tribe Brief

20 Prisoner Traverse

21 DCT Order

Prior post here.