Northern District of New York – Page 4

Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.

Challenge to Oneida Fee to Trust Defeated

March 27, 2015March 27, 2015Matthew L.M. Fletcher4 Comments

Here are the materials in Upstate Citizens for Equality v. Jewell (N.D. N.Y.):

79-1 US Motion for Summary J

80 UCE Response

81 US Reply

84 DCT Order

And the materials in Central New York Fair Business Association v. Jewell (N.D. N.Y.):

114-1 US Motion for Summary J

119 Response

122 Reply

127 DCT Order

And the materials in Town of Verona v. Jewell (N.D. N.Y.):

64-9 Town Motion for Summary J

65-1 US Motion for Summary J

Federal Court Challenge to Onondaga Nation ICW Jurisdiction Defeated

February 18, 2015Matthew L.M. Fletcher

Here are the materials in Pitre v. Shenandoah (N.D. N.Y):

12-5 Onondaga Nation Motion to Dismiss

20-5 Onondaga County Motion to Dismiss

34-2 Oswego County Motion to Dismiss

45 DCT Order

Supreme Court Cert Opposition Briefs in Stockbridge-Munsee Land Claim

January 28, 2015Matthew L.M. Fletcher

Here (thanks to the Supreme Court Project page):

State of New York Brief in Opposition

Oneida Indian Nation Brief in Opposition

The petition is here.

Law Professors Amicus Brief in Stockbridge-Munsee Community v. New York

December 29, 2014Kate Fort1 Comment

Here.

Previous coverage here.

Materials in Cayuga Nation v. Tanner

December 18, 2014Matthew L.M. Fletcher1 Comment

Originally filed by Clint Halftown’s group against the Village of Union Springs to enjoin the village’s effort to regulate Class II bingo; now a challenge to the Halftown group by the Cayuga Nation Unity Council. News coverage here.

Here are the materials:

1 Complaint

5-1 Motion for PI

7 DCT Show Cause Order

27 Cayuga Nation Unity Council Motion to Intervene

28 Cayuga Nation Unity Council Motion to Dismiss

32 Defendants Cross-Motion to Dismiss

33 Plaintiffs Response

The IBIA decision on the Cayuga leadership dispute is here.

A state court decision on the leadership dispute is here.

Stockbridge-Munsee Community v. New York Cert Petition

November 10, 2014Matthew L.M. Fletcher3 Comments

Here:

11-7-14 Stockbridge-Munsee Cert Petition_(filed)

Questions presented:

In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), this Court held that courts may not override Congress’ judgment and apply laches to summarily dispose of claims at law filed within a statute of limitations established by Congress, thereby foreclosing the possibility of any form of relief. Equitable remedies may be foreclosed at the litigation’s outset due to a delay in commencing suit only in “extraordinary circumstances,” such as the need to prevent unjust hardship on innocent third parties. Id. at 1978.

The question presented is: Where Petitioner’s claims were filed within the statutory-limitations period established by Congress, did the court of appeals contravene this Court’s
decision in Petrella by invoking delay-based equitable principles to summarily dismiss all of Petitioner’s federal treaty, statutory and common-law claims, including one for money damages as upheld by this Court in County of Oneida v. Oneida Indian Nation of N.Y., 470 U.S. 226, 246 (1985)?

Lower court materials here. En banc petition materials here.