Materials in Cayuga Nation v. Tanner

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

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.

Second Circuit Denies En Banc Review in Stockbridge-Munsee Land Claims

Here:

Stockbridge CA2 En Banc Denial

The petition is here.

 

Federal Court Dismisses Illegal Gambling Indictments at St. Regis Mohawk

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

248 Motion to Dismiss

249 DCT Order

We posted on this matter here, here, and here.

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.