Federal Court Again Dismisses Challenge to Blue Lake Rancheria Tribal Court Jurisdiction

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.):

39-blue-lake-motion

41-opposition

48-dct-minute-order

50-dct-order-written

An excerpt:

Plaintiff James Acres seeks declaratory and injunctive relief against the Blue Lake Rancheria Tribe (“Tribe”), the Blue Lake Rancheria Tribal Court (“Tribal Court”) and its Chief Judge, Lester Marston, alleging that the Tribal Court has conducted itself in bad faith in asserting jurisdiction over him in an underlying contractual fraud case because Judge Marston refused to recuse himself from the case and misrepresented his relationship with the Tribe. Judge Marston has now recused himself from the Tribal Court case and appointed the Hon. James Lambden, a retired California Court of Appeal Justice with no prior connection to the Tribe, to preside over the matter. Given Judge Marston’s recusal and the appointment of a neutral judge, there is insufficient evidence of bad faith for the exception to apply. Acres does not meet any of the exceptions to the exhaustion requirement. He must exhaust his tribal remedies before bringing an action of this kind in federal court. The Tribe’s motion to dismiss is GRANTED.

Hoopa and Yurok Tribes Prevail in ESA Litigation

Link: Federal Court Protects Klamath Salmon, Tribal and Fishing Communities (Earthjustice), previous post

Materials and briefs in the matter of Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al, 16-cv-04294 (N.D. Cali.):

Ceiba Legal Awarded Attorney Fees After Successful Defense of RICO/Lanham Act Actions

Here are the materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal (N.D. Cal.):

70 Motion for Atty Fees

75 Response

79 Reply

83 DCT Order

Lower court materials here.

 

Federal Court Stays Discovery after Blue Lake Tribal Judge Recuses

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.):

33-motion-to-reconsider

34-response-to-motion-to-reconsider

38-dct-order-granting-motion-for-reconsideration

Prior order here.

Federal Court Orders Discovery from Tribal Judge on the Bad Faith Exception to the Tribal Exhaustion Doctrine

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.):

8-motion-to-dismiss

18-opposition

23-reply

22-marston-declaration

30-order

The court had previously dismissed a related case, materials here.

Yurok Tribe Suit against Bureau of Reclamation over Klamath River Coho Salmon

Here is the complaint in Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):

Complaint

Elem Pomo Disenrollments: Amended Complaint, Motion to Dismiss, and Transcript

Here are further materials in John et al v. Garcia et al, 16-cv-02368 (N.D. Cali):

Transcript of Proceedings held on September 14, 2016, before Judge William Alsup

Amended Petition for Writ of Habeas Corpus

Respondents’ Notice of Hearing on Motion and Motion to Dismiss First Amended Petition; Memorandum of Points and Authorities in Support Thereof

Opposition to Amended Motion to Dismiss

Previous posts: Elem Indian Colony of Pomo Indians Members File ICRA Habeas Claim to Challenge Disenrollment

In the related RICO case, legal counsel for the disenfranchised members filed a motion for attorneys’ fees. Here are further materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal, LLP et al, 16-cv-03081 (N.D. Cali. 11/3/2016)

Defendants’ Motion for Attorneys’ Fee Award and Supporting Memorandum

Previous posts: Elem Indian Colony v. Ceiba Legal Complaint, Federal Court Dismisses Suit against Ceiba Legal

Federal Court Dismisses Suit against Ceiba Legal

Here are the materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal LLP (N.D. Cal.):

32 Individual Defendants Motion to Dismiss

35 Ceiba Motion to Dismiss

45 Opposition

51 Ceiba Reply

52 Individual Defendants Reply

63 DCT Order

Contract Action against Blue Lake Rancheria Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Acres v. Blue Lake Rancheria Tribal Court (N.D. Cal.):

32 Motion to Dismiss

40 Response

41 Reply

48 DCT Order

Court Dismisses with Leave to Amend Tribal Challenge to Willits Bypass

Materials in the matter of Coyote Valley Band of Pomo Indians of California, et al v. United States Department of Transportation et al, 15-cv-04987 (N.D. Cal. 2016):

Doc. 26 – California Department of Transportation’s and Malcolm Dougherty’s Answer and Affirmative Defenses to Complaint

Doc. 31 – Federal Defendants’ Notice of Motion and Motion to Dismiss

Doc. 35 – Opposition of Plaintiffs the Coyote Valley Band of Pomo Indians of California and the Round Valley Indian Tribes of California to Federal Defendants’ Motion to Dismiss

Doc. 36 – Federal Defendants’ Reply in Support of Their Motion to Dismiss

Doc. 58 – Order Granting Federal Defendants’ Motion to Dismiss, with Leave to Amend

Link to previously posted complaint here.