Kiowa Tribe – Turtle Talk

Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district court’s dismissal of its case for lack of subject matter jurisdiction and for failure to join an indispensable party. Enable also challenges the amount of attorney fees the court awarded to the landowner defendants. Because our decision in Public Service Company of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), is dispositive of the subject matter jurisdiction issue, we affirm the district court’s order dismissing the action. We likewise affirm the attorney fees award as consistent with Oklahoma law.

Briefs and lower court materials here.

Tenth Circuit Briefs in Eminent Domain Dispute involving Kiowa Tribe

April 24, 2018November 16, 2018Matthew L.M. Fletcher

Here are the briefs in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement:

enable brief

landowners brief

United States brief

Lower court materials here and here.

Federal Court Refuses to Stay Order to Remove Pipeline

March 28, 2018March 28, 2018Matthew L.M. Fletcher

Here are the materials in Davilla v. Enable Midstream Partners LP (W.D. Okla.):

72 motion for stay

73 response

74 reply

2018-03-21 – dkt 092 – order denying defendants’ motion to stay permanent injunction

Prior posts here.

Update in Suit against Pipeline Company in Kiowa Country

November 29, 2016November 29, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in Davilla v. Enable Midstream Partners (W.D. Okla.):

14-davilla-motion-to-dismiss-counterclaim

25-emp-response-to-14

28-davilla-reply-in-support-of-14

31-emp-motion-on-damages-and-rules-of-decision

32-davilla-motion-for-summary-j-on-liability

36-emp-response-to-32

37-davilla-response-to-31

38-davilla-reply-in-support-of-32

39-emp-reply-in-support-of-31

51-dct-order-on-31

Prior post here.

Federal Court Denies Motion for TRO in Kiowa Election Matter

September 19, 2016Matthew L.M. Fletcher

Here are the materials in Daugomah v. Roberts (W.D. Okla.):

4-motion-for-tro

14-response

18-reply

19-dct-order-denying-tro

Dispute over Kiowa Elder’s Trust Accounts Filed in Federal Court

April 22, 2015Matthew L.M. Fletcher

Here is the complaint filed in Bushyhead v. Lujan (W.D. Okla.):

1 Complaint

An excerpt:

Defendants Phillip Lujan, Terry Bruner, Rose Roberson, and Marian Bushyhead wrongfully restricted plaintiff Ruby B. Bushyhead’s rights to her private bank accounts and Individual Indian Money (“IIM”) accounts. Bushyhead seeks declaratory and injunctive relief to correct Defendants’ wrongdoing. Plaintiff Helen Sheridan seeks declaratory and injunctive relief against defendant Phillip Lujan for issuing an extrajurisdictional Writ of Assistance ordering her to deliver her grandmother, Ruby B. Bushyhead, to defendant Marian Bushyhead.