Second Circuit En banc Petition by Stockbridge-Munsee Community

Here:

6-30-14 Petition for Rehearing En Banc

An excerpt:

The panel decision conflicts with the May 19, 2014 decision of the United States Supreme Court in Petrella v.Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 132; 188 L.Ed.2d 979 (2014) (Petrella). Petrella held that courts may not override Congress’ judgment and apply equitable defenses to summarily dispose of claims at law filed within a statute of limitations established by Congress. The panel’s Per Curiam decision ruled that Plaintiff-Appellant Stockbridge-Munsee Community’s (Stockbridge) damages claims, which were filed within the congressionally established limitations period, are barred by the Sherrill equitable defense. Stockbridge-Munsee Cmty. v. New York; Slip Op. at 8, 2014 WL 2782191 (2d Cir. June 20, 2014) (Slip Opinion attached as Appendix). The panel’s failure to follow Petrella warrants en banc review under Fed. R. Civ. P. 35.

Panel materials here.

Second Circuit Affirms Dismissal of Stockbridge-Munsee New York Land Claims

Here is the opinion in Stockbridge-Munsee Community v. New York:

Stockbridge-Munsee CA2 Order

Briefs are here.

Order Approving Oneida/NYS Settlement Agreement and Dismissing Interventions — UPDATED

Here is the order approving the settlement agreement between the Oneida Indian Nation and the State of New York, and dismissing both the Cayuga Nation and Stockbridge-Munsee Community’s motions for intervention.

UPDATE — briefs are here:

280-2 Cayuga Motion to Intervene

288 Oneida Response to CN Motion

289 Interior Response to CN Motion

290 NY Response to CN Motion

293 Cayuga Reply

300 MJ R&R Recommending Grant of CN Motion

303-1 Stockbridge-Munsee Motion to Intervene

312 NY Plaintiffs Objection to R&R

313 Oneida Objection to R&R

319 Settlement and Stipulation

326 NY Plaintiffs Response to SMC Motion

327 Oneida Response to SMC Motion

329 Interior Response to SMC Motion

332 Stockbridge Munsee Reply

344 Interior ROD Amendment

Second Circuit Briefs in Stockbridge-Munsee Community Lands Claims

Here are the briefs in Stockbridge-Munsee Community v. State of New York:

Stockbridge-Munsee Brief

Oneida Indian Nation Brief

State Brief

Stockbridge-Munsee Reply Brief

Lower court materials are here.

Not Guilty Verdicts in Akwesanse Mohawk Illegal Gambling Prosecution

Here are the materials in United States v. Laughing/Jock/Square (N.D. N.Y.):

154 US Trial Brief

165 Laughing Trial Brief

168 Jock Trial Brief

225 Not Guilty Verdict

Earlier materials posted here.

News coverage here and here.

Federal Court Remands Towns’ Challenge to New York State & Counties’ Settlement with Oneida Indian Nation to State Court

Here are the materials in Town of Verona v. Cuomo (N.D. N.Y.):

1-1 State Court Complaint

8-1 Motion to Dismiss

12-1 Opposition & Motion to Remand

16 Reply in Support of Motion to Dismiss

17 DCT Order Remanding to State Court

News coverage here.

The settlement is here.

Cayuga Intervention Materials in New York v. Jewell (Oneida Trust Acquisition)

Here:

Cayuga Motion to Intervene

NY Opposition

Interior Opposition

Oneida Opposition

News coverage.

Federal Court Dismisses Stockbridge-Munsee New York Land Claims

Here are the materials in Stockbridge-Munsee Community v. State of New York (N.D. N.Y.):

7-23-13 ORDER dismissing case

Stockbridge-Munsee Amended Complaint with Maps

Oneida NY Motion to Dismiss

State Defendants Motion to Dismiss

County-Muni Defendants Motion to Dismiss

Response to OIN Motion

Response to State Defendants Motion

Joint State Defendants Reply

OIN Reply

Stockbridge-Munsee press release on 7-24-13 decision

Federal Court Issues Clarified Order in St. Regis Mohawk Land Claims (Fort Covington Area Claim)

In short, no dice. Here are the updated materials:

St. Regis Mohawk Motion for Clarification

US Motion for Clarification

USDC NDNY Canadian St. Regis v. New York – Corrected & Clarified Memorandum Decision & Order 7-23-2013

Prior order here.

Federal Court Dismisses Most St. Regis Mohawk Land Claims; Hogansburg Triangle Claims Survive

Here is the opinion in the case captioned Canadian St. Regis Band Mohawk Indians v. State of New York (N.D. N.Y.):

DCT Order July 9, 2013

News coverage here.

Magistrate report and recommendation here.

Objections and responses here:

St. Regis Mohawk Opening Brief

Akwesasne Mohawk Opening Brief

United States Opening Brief

Defendants’ Opening Brief

US Response

Canadian St. Regis Mohawk Response

NY Power Authority Response

St. Regis Mohawk Response

State and Municipal Defendants Response

NY Power Authority Reply

St. Regis Mohawk Reply

Canadian St. Regis Mohawk Reply

Municipal Defendants Surreply

NY Power Authority & State Surreply