Luckerman v. Narrangansett Indian Tribe

First Circuit Rejects Narragansett Interlocutory Appeal in Sovereign Immunity Matter (Waited Too Long to Appeal Denial of Motion for Reconsideration)

June 1, 2015Matthew L.M. Fletcher

Here is the opinion in Luckerman v. Narragansett Indian Tribe:

An excerpt:

Surveying the foregoing, a prior duty panel of this court cleared the underbrush by dismissing as untimely any appeal from the denial of the Motion to Dismiss. Luckerman v. Narragansett Indian Tribe, No. 14-1106, Order at 1 (1st Cir. Aug. 29, 2014). That decision obviates the need to decide whether we would have had jurisdiction over an interlocutory appeal from the Motion to Dismiss. We do need to decide, though, whether we have appellate jurisdiction under the collateral order doctrine to review the only order before us: the denial of the untimely Rule 59(e) Motion. For the reasons described below, we conclude that the denial of the Tribe’s untimely Rule 59(e) Motion does not qualify as a collateral order that we may review prior to the end of the litigation in the district court.

Briefs here.

First Circuit Briefs in Luckerman v. Narragansett Tribe

March 27, 2015April 14, 2015Matthew L.M. Fletcher1 Comment

Here:

Narrangansett Brief

Luckerman Brief

Narragansett Reply

Lower court materials here.

Additional Update in Luckerman v. Narragansett

February 13, 2014Matthew L.M. Fletcher

Here are additional materials in Luckerman v. Narragansett Indian Tribe (D. R.I.):

29 Motion to Correct the Record

33-1 Response

34 DCT Order on Amending the Record

Meanwhile, the tribe has appealed the sovereign immunity issue here to the First Circuit.

Prior posts on this case are here and here.

Federal Court Rejects Narragansett Effort to Dismiss Attorney Fees Suit on Immunity Grounds

January 9, 2014Matthew L.M. Fletcher3 Comments

Here are the updated materials in Luckerman v. Narragansett Indian Tribe (D. R.I.):

18-1 Narragansett Motion for Reconsideration

19-1 Luckerman Response

20 Narragansett Reply

22 DCT Order Denying Reconsideration

An excerpt:

On August 29, 2013, this Court denied Defendant Narragansett Indian Tribe’s (“Tribe”) motion to dismiss, but stayed adjudication of the case pending tribal exhaustion.¹ Now, the Tribe has filed a motion for reconsideration of that decision (ECF No. 18), re-emphasizing the Tribe’s position that its tribal sovereign immunity bars the instant lawsuit, and asking again that the Court dismiss the claims brought by Plaintiff Douglas J. Luckerman. For the reasons set forth below, Defendant’s motion for reconsideration is DENIED.

Earlier, the federal court remanded the case to tribal court for exhaustion purposes, post here. Other lower court materials here and here.