Northern District of New York

Federal Court Affirms Limited Fee Award to Bond, Schoeneck & King in Oneida Land Claims Cases Dating Back to 1970s

Matthew L.M. Fletcher3 Comments

Here are the materials in the cases captioned Oneida Indian Nation v. Oneida County (N.D. N.Y.):

Magistrate R&R on Fees

BSK Objection

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 6

Appendix 7 part 1

Appendix 7 part 2

DCT Order Adopting R&R

Federal Court Grants Injunction in Oneida v. Paterson Tax Dispute

Matthew L.M. Fletcher

Here is the opinion: DCT Order Granting PI in OIN v Paterson.

An excerpt:

In light of the plain meaning of the section 471(6) that any negotiated, court approved tax agreement between the parties would control, an injunction precluding the state enforcement of the new law while the issues are in mediation and negotiation is clearly advisable. It would be counterproductive to enforce the new law while mediating and negotiating a possible tax agreement that would replace the new law in whole or in part.

Onondaga Land Claims Dismissal Order

Matthew L.M. Fletcher2 Comments

As Indianz reported….

Here is the order: DCT Dismissal of Onondaga Land Claims

Update in St. Regis Mohawk Tax Case — TRO Granted

Matthew L.M. Fletcher

Here are the materials:

Show Cause Order with TRO

St. Regis Motion for TRO

Complaint is here.

Update in Seneca v. Paterson Tax Case

Matthew L.M. Fletcher

As Indianz reported, the TRO has been extended to September 14, on which day there will be an evidentiary hearing (Pre-Hearing Order).

In addition to Cayuga, which intervened in the Seneca suit, and St. Regis Mohawk, Oneida (Oneida Nation complaint in NDNY) and Unkechauge (COMPLAINT – Unkechauge Indian Nation 08 27 10) have filed their own separate complaints alleging substantially the same claims as Seneca.

St. Regis Mohawk Tribe v. Paterson — Indian Taxation Complaint

Matthew L.M. Fletcher1 Comment

Filed around the same time as the Seneca case, but in the Northern District of New York:

St. Regis Mohawk Complaint

Western Mohegan Tribe Land Purchase Contract Breach (with Non-Intercourse Act Principles) Dismissed

Matthew L.M. Fletcher

Here are the materials in BGA v. Ulster County (N.D. N.Y.):

Ulster County Motion for Summary Judgment

Western Mohegan Tribe Opposition

DCT Court Order Granting Ulster County Summary Judgment

Pending Summary Judgment Motions in St. Regis Mohawk Reservation Border Claim

Matthew L.M. Fletcher

Here are the materials in St. Regis Mohawk v. Paterson (N.D. N.Y.):

New York & Franklin County Motion to Dismiss

St. Regis Opposition to Motion to Dismiss

New York & Franklin County Reply

Upstate Citizens Claims re: Oneida Fee to Trust Fail (Mostly)

Matthew L.M. Fletcher

Here are the materials in Upstate Citizens for Equality v. Salazar (N.D. N.Y.), a companion to Central New York Fair Business Assn. v. Salazar (N.D. N.Y.):

DCT Order Granting Partial Summary Judgment

US Motion for Partial Dismissal

Plaintiff Response to Motion for Partial Dismissal

US Reply re Partial Dismissal

US Motion to Dismiss Supplemental Claim

Plaintiff Response to Motion to Dismiss Supp Claim

US Reply re Supp Claim

Federal Court Dismisses Private Parties’ Challenge to Oneida Trust Land Aquisition

Matthew L.M. Fletcher

Here are the materials in Central New York Fair Business Assn. v. Salazar (N.D. N.Y.):

US Motion for Partial Dismissal of Complaint

CNYFBA Response to First Motion to Dismiss

US Motion for Partial Dismissal of Amended Complaint

CNYFBA Response to Second Motion to Dismiss

US Reply in Support of Partial Dismissal of Amended Complaint

DCT Order Dismissing Claims

Presumably, other claims on the merits remain (here is the complaint — CNYFBA Complaint, and the amended complaint — CNYFBA Amended Complaint).