Here:
Stockbridge CA2 En Banc Denial
The petition is here.
Here are the materials in United States v. Laughing (N.D. N.Y.):
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.
Here is the opinion in Stockbridge-Munsee Community v. New York:
Briefs are here.
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
300 MJ R&R Recommending Grant of CN Motion
303-1 Stockbridge-Munsee Motion to Intervene
312 NY Plaintiffs Objection to R&R
319 Settlement and Stipulation
326 NY Plaintiffs Response to SMC Motion
327 Oneida Response to SMC Motion
Here are the briefs in Stockbridge-Munsee Community v. State of New York:
Stockbridge-Munsee Reply Brief
Lower court materials are here.
Here are the materials in United States v. Laughing/Jock/Square (N.D. N.Y.):
Earlier materials posted here.
Here are the materials in Town of Verona v. Cuomo (N.D. N.Y.):
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.
Here are the materials in Stockbridge-Munsee Community v. State of New York (N.D. N.Y.):
Stockbridge-Munsee Amended Complaint with Maps
State Defendants Motion to Dismiss
County-Muni Defendants Motion to Dismiss
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