RICO

Spring Pandemic Update in Williams & Cochrane v. Quechan & Rosette Litigation [updated]

Matthew L.M. Fletcher

Here are new materials in in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

235-1 W&C Amended Motion for Judgment on Pleadings

248 Quechan Response to W&C Motion for Judgment on Pleadings

254-1 Rosette Motion for Sanctions

258 W&C Reply in Support of Motion for Judgment on Pleadings

267 W&C Response to Motion for Sanctions

268 Rosette Reply in Support of Motion for Sanctions

285 DCT Order

Update (6/24/20):

292-1 W&C Motion for Reconsideration

311 Quechan Response to 292

313 DCT Order Denying Motion for Reconsideration

Case tag here.

Federal Court Dismisses Malicious Prosecution Suit against Blue Lake and Outside Counsel by Former Business Partner

Matthew L.M. Fletcher

Here are the materials in Acres Bonusing Inc v. Marston (N.D. Cal.):

1 Complaint

1-2 Tribal Court Opinion

29-1 Boutin Jones Defendants MTD

30-1 Boutin Jones Anti-SLAPP Motion

31 Janssen Malloy Defendants Anti-SLAPP Motion

32-1 Marston Defendants MTD

33 Janssen Malloy Defendants MTD

38 ABI Motion for Sanctions

40 JM Defendants Response to 38

43 ABI Response to BJ MTD

44 ABI Response to JM MTD

45 ABI Response to Marston MTD

46 ABI Reply in Support of Motion for Sanctions

47 JM Reply

48 BJ Reply

49 Marston Reply

50 ABI Response

50-1 Marston Anti-SLAPP Motion

52 Marston Response to ABI Motion to Strike

56 ABI Response to BJ Anti-SLAPP Motion

57 ABI Response to JM Anti-SLAPP Motion

58 ABI Response to Marston Anti-SLAPP Motion

59 JM Reply in Support of Anti-SLAPP Motion

60 BJ Reply in Support of Anti-SLAPP Motion

62 Marston Reply in Support of Anti-SLAPP Motion

65 DCT Order

Related cases here.

Materials in Modoc Nation Suit against Former Business Partner, Softek

Matthew L.M. Fletcher

Here are the materials (so far) in Modoc Nation v. Shah (N.D. Okla.):

29 Amended Complaint

75 Motion to Dismiss Complaint

77 Motion to Dismiss Counterclaims

82 Second Amended Counterclaims

93 Counterclaim Defendants MSJ

97 Response to 93

100 Response to 77

102 Tribe Response to 75

Update in Pinoleville Pomo Nation Gaming & RICO Dispute [updated and updated again]

Matthew L.M. Fletcher

Here are the updated materials in JW Gaming Development LLC v. James (N.D. Cal.):

178 DCT Order

184 Defendants Motion for Summary Judgment

186 Plaintiffs Response

191 Plaintiffs Motion for Summary Judgment

192 Defendants Reply

196 DCT Order

Prior post here.

Case tag here.

UPDATE (7/7/2020):

210 Stevenson Motion

211 Steele Motion

212 Maldonado Motion

219 Tang Opposition to 191

220 Individual Tribal Defendants Opposition to 191

221 Plaintiffs Opposition to 210-212

222 Canales Opposition to 191

223 Reply in Support of 210-212

227 Reply in Support of 191

236 DCT Order on 210-212

237 DCT Order on 191

UPDATE (1/20/2021)

251 Tribal Motions

253 JW Gaming Motion

255 JW Gaming Response to 251

256 Tribal Response to 253

257 JW Gaming Reply

258 Tribal Reply

267 JW Gaming Supplemental Brief

274 Tribal Supplemental Brief

278 DCT Order

Update (3/28/2021):

286 Motion for Reconsideration

293 Motion to Quash

294 Opposition to 286

299 Reply in Support of 286

301 Opposition to 293

302 Reply in Support of 293

306 DCT Order

Update (6/8/2021):

324 Tribe Motion to Quash

333 JW Gaming Motion to Enjoin Tribal Court Case

335 Opposition to 333

337 Opposition to 324

338 Reply in Support of 324

352 Magistrate Order Denying Motion to Quash

353 Reply in Support of 333

Federal Court Allows RICO Action against Crow Health Care Center to Proceed (for now)

Matthew L.M. Fletcher

Here are the materials in Wilhite v. Littlelight (D. Mont.):

1-complaint-5Download
5-mtd-ftca-exclusivityDownload
10-responseDownload
11-replyDownload
13-mtd-res-judicataDownload
15-motion-to-strikeDownload
16-response-to-15Download
17-reply-in-support-of-15Download
20-dct-orderDownload

Post in related case here.

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

Matthew L.M. Fletcher

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?
Lower court materials here.

Federal Court Certifies Tribal Lending Case for Interlocutory Appeal

Matthew L.M. Fletcher

Here are materials in Hengle v. Asner (E.D. Va.):

113-tribal-motion-for-leave-to-appeal.pdf

116-asner-motion-for-leave-to-appeal.pdf

123-opposition-to-113.pdf

124-opposition-to-116.pdf

125-asner-reply.pdf

127-tribal-reply.pdf

128-dct-order-certifying-interlocutory-appeal.pdf

Prior post here.

Pinoleville Pomo Nation v. JW Gaming Development LLC Cert Petition

Matthew L.M. Fletcher

Here:

petition-for-a-writ-of-certiorari.pdf

appendix.pdf

Question presented:

Whether an Indian tribe’s governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capacities, as long as a plaintiff merely names the members individually and those officials will be bound by any judgment entered.

Lower court materials here.

Federal Court Allows Class Action against Tribal Sovereign Lending of Habematolel Pomo of Upper Lake to Proceed

Matthew L.M. Fletcher

Here are the materials so far in Hengle v. Asner (E.D. Va.):

54 Amended Complaint

58 Asner Motion to Compel

60 Asner Motion to Dismiss

63 Tribal Officials Motion to Compel

65 Tribal Officials Motion to Dismiss

76 Tribe Amicus Brief

95 Response to 76

96 Response to 63

97 Response to 58

98 Response to 65

99 Response to 60

102 Amicus Brief of Tribal Amici Curiae

103 Reply in Support of 58

104 Reply in Support of 60

105 Reply in Support of 63

106 Reply in Support of 65

107 Response to 102

109 DCT Order

Summary Judgment Pleadings in Pinoleville Pomo Nation Gaming Dispute

Matthew L.M. Fletcher

Here are the materials in JW Gaming Development LLC v. James (N.D. Cal.):

129 Tribal Motion for Summary J

136 JW Gaming Cross Motion

146 Tribal Reply

147 JW Gaming Reply

Prior posts here.

UPDATE:

178 DCT Order