Northern District of Oklahoma – Page 12

Federal Court Declines to Dismiss Tribal Election Dispute Question

August 23, 2012August 23, 2012Matthew L.M. Fletcher

Here are the materials in Eastern Shawnee Tribe v. Douthitt (N.D. Okla.):

An excerpt from the opinion:

Now before the Court is Defendants’ Motion to Dismiss and Brief in Support (Dkt. # 16). Defendants argue that the Court lacks subject matter jurisdiction over this case because plaintiff is asking the Court to resolve an internal tribal dispute. They also assert that they have not waived their sovereign immunity from suit and that plaintiff’s claims should be dismissed. Plaintiff responds that it is asking the Court to determine whether the Court of Indian Offenses for the Eastern Shawnee Tribe of Oklahoma had jurisdiction to decide an election dispute, and this is a federal question that can be decided by this Court. They also argue that defendants are not shielded from suit by the doctrine of sovereign immunity.

Update in Broken Arrow Casino Litigation: Reconsideration Denied; Injunction Modified

August 3, 2012Matthew L.M. Fletcher

Here are the additional materials in State of Oklahoma v. Hobia (N.D. Okla.):

Hobia Motion for Reconsideration

Oklahoma Opposition to Reconsideration Motion

Hobia Reply in Reconsideration Motion

DCT Order Denying Motion for Reconsideration

DCT Order Granting Modification of Injunction

Our prior post on this case is here.

Lawyers for Kialegee Tribal Town Broken Arrow Casino Developer Sue their Client

August 3, 2012Matthew L.M. Fletcher

Here is the complaint in Feldman, Franden, Woodard, and Farris v. MCZ Development Corp. (N.D. Okla.):

FFWF v MCZ Development Corp Complaint

Final Trial Order in State of Oklahoma v. Hobia (Broken Arrow Casino)

July 23, 2012Matthew L.M. Fletcher6 Comments

Here:

State Proposed

DCT Order Granting Injunction

Our prior post on the immunity defense raised in this case is here. Our link to the NIGC opinion about the casino is here.

Slip and Fall Suit against Muscogee Casino Dismissed in Federal Court after Removal from State Court

June 19, 2012Matthew L.M. Fletcher

Here are the materials in Harris v. Muscogee (Creek) Nation (N.D. Okla.):

DCT Order Granting MCN Motion

MCN Motion to Dismiss with exhibits

Harris Response

MCN Reply

Amended Cherokee Nation Complaint in Freedmen Suit

May 7, 2012Matthew L.M. Fletcher

Here is the amended complaint in Cherokee Nation of Oklahoma v. Nash (N.D. Okla.):

Cherokee nation vs nash 4 23 2012 Cherokee filing

From the motion for leave to amend:

The proposed Amended Complaint by the Cherokee Nation does not change the original parties, nor add causes of action. It changes the cause of action from a focus upon federal abrogation of the Treaty, to a focus on interpretation of the Treaty language as it was meant by the parties at the time, and as later interpreted by federal statute and cases.