Here are the briefs in Columbe v. Rosebud Sioux Tribe:
Lower court materials here.
gaming management company
Update in Columbe v. Rosebud Sioux Tribe: Tribal Court Has Jurisdiction to Rule on Gaming Management Contract
Here are the materials in Columbe v. Rosebud Sioux Tribe (D. S.D.):
RST Cross Motion for Summary J
An excerpt:
Colombe now asks this Court to rule on the sole remaining issue from this Court’s September 23, 2011 Opinion and Order: Whether the Tribal Court had jurisdiction to hold that the oral modification to the NIGC-approved management contract was void. Colombe argues that the NIGC has the sole, exclusive authority to determine whether modifications to NIGC-approved management contracts can have any legal effect. Doc. 49 at 6-7. Colombe also argues that Defendants’ Tribal Court suit is prohibited because IGRA does not authorize a private cause of action. Doc. 49 at 8. Defendants counter that the Rosebud Sioux Tribal Supreme Court had jurisdiction to rule on the legal validity of the oral, unapproved modification to the approved management contract after Colombe raised the modification as a defense in the Tribe’s underlying contract suit. Doc. 59; Doc. 60. Defendants also assert that its Tribal Court suit is not for a “claimed IGRA violation” and therefore does not need to be authorized by the IGRA. Doc. 57 at 19.
Here are the materials on the Sept. 2011 order, and on the motion for reconsideration.
Update in Columbe v. Rosebud Sioux Tribal Court (Suit re Tribal Court Jurisdiction over Nonmember)
Here are the materials in the denial of Columbe’s motions for reconsideration and to hold a trial for a permanent injunction (prior post here, with opinion dismissing plaintiff’s claims):
Columbe Motion for Reconsideration
RST Opposition to Motion for Reconsideration
Columbe Motion for Permanent Injunction
RST Opposition to Motion for Permanent Injunction
DCT Order Denying Motion for Reconsideration
Earliest post here.
Materials in Fine v. Pojoaque Pueblo Gaming Commission
Fine Point has posted case materials here.
- 12/9 Ruling on Case
- 10/13 Ruling on Motion to Dismiss
- 9/26 FPG Rebuttal to PPGC Response to Principal Brief
- 9/16 FPG Response to Motion to Dismiss
- 9/6 Pojoaque Response to Principal Brief
- 8/23 Pojoaque Motion to Dismiss
- 8/5 FPG Principal Brief
- 6/27 Pojoaque response to Statement of Case
- 6/15 FPG Statement of Case
Update in Columbe v. Rosebud Sioux Tribe
The court has dismissed the plaintiff’s claims that were not appealed to the tribal appellate court for failure to exhaust tribal remedies. Other claims remain extant due to a waiver of immunity.
Here are the materials:
DCT Granting Motion to Dismiss in Part
RST 2d Supplemental Memorandum
Prior materials are here.
Parties Ordered to Produce Contract Provision that Will Determine Whether Rosebud Sioux Tribe Waived Immunity in Federal Court
Here are the materials in Colombe v. Rosebud Sioux Tribe (D. S.D.), a convoluted case originating in tribal court on whether the tribal court can pierce the corporate veil of a former gaming management partner of the Tribe:
Illinois Federal Court Vacates Default Judgment against Ponca Tribe — No Diversity Jurisdiction
Here are the materials in Merit Management v. Ponca (N.D. Ill.):
Tonkawa Notice of Removal to Federal Court in Gaming Management Co. Dispute
Here is the notice:
Tonkawa Notice of Removal to Federal Court
DCT Order Setting Hearing Date — March 28
The original state court materials are here.
What’s Going on with the Lumbees?
From the Fayetteville Observer via Pechanga:
Bad bet: Tribe gambles its assets on recognition bid.
It appears that Lumbee leaders have decided it’s acceptable to bet a big piece of the tribe’s net worth on one game of chance.
It’s not surprising, though, that many of the people they represent are outraged. They should be.
On March 12, the Lumbee Tribal Council, meeting at a conference in Raleigh, abruptly dumped longtime Lumbee lawyer Arlinda Locklear, who had worked – for free – for more than two decades to achieve full federal recognition for the tribe. Recognition would bring hundreds of millions of federal dollars to the tribe, to improve housing, education and health care, and to create new and better jobs.
The recognition effort has made good progress in the current Congress, winning approval in the House and clearing the Senate’s Indian Affairs Committee. The measure has President Obama’s support and both this state’s senators believe it has a good chance of Senate approval.
That may be out the window now, because the Tribal Council hired a Nevada gaming consultant to take Arlinda Locklear’s place. That means (although the council won’t say as much) that the tribe’s pledge to forsake casino operations, as a condition of recognition, is also out the window. The tribe wouldn’t hire a specialist in casino development if it wasn’t planning to get into the gambling business. That sudden change of course may be enough to kill any chance of Senate approval this year – or any other year.
And then it gets worse.
The Tribal Council’s contract with Lewin International includes penalties of $35 million if the council can’t get the tribe to agree to gambling once federal recognition is in place. If the penalty is assessed, most of the tribe’s assets – including housing and public buildings – could be at risk.
Turtle Talk 