Here are the briefs in Columbe v. Rosebud Sioux Tribe:
Lower court materials here.
Rosebud Sioux Tribe v. BBC Entertainment
Update in Columbe v. Rosebud Sioux Tribe: Tribal Court Has Jurisdiction to Rule on Gaming Management Contract
Here are the materials in Columbe v. Rosebud Sioux Tribe (D. S.D.):
RST Cross Motion for Summary J
An excerpt:
Colombe now asks this Court to rule on the sole remaining issue from this Court’s September 23, 2011 Opinion and Order: Whether the Tribal Court had jurisdiction to hold that the oral modification to the NIGC-approved management contract was void. Colombe argues that the NIGC has the sole, exclusive authority to determine whether modifications to NIGC-approved management contracts can have any legal effect. Doc. 49 at 6-7. Colombe also argues that Defendants’ Tribal Court suit is prohibited because IGRA does not authorize a private cause of action. Doc. 49 at 8. Defendants counter that the Rosebud Sioux Tribal Supreme Court had jurisdiction to rule on the legal validity of the oral, unapproved modification to the approved management contract after Colombe raised the modification as a defense in the Tribe’s underlying contract suit. Doc. 59; Doc. 60. Defendants also assert that its Tribal Court suit is not for a “claimed IGRA violation” and therefore does not need to be authorized by the IGRA. Doc. 57 at 19.
Here are the materials on the Sept. 2011 order, and on the motion for reconsideration.
Update in Columbe v. Rosebud Sioux Tribal Court (Suit re Tribal Court Jurisdiction over Nonmember)
Here are the materials in the denial of Columbe’s motions for reconsideration and to hold a trial for a permanent injunction (prior post here, with opinion dismissing plaintiff’s claims):
Columbe Motion for Reconsideration
RST Opposition to Motion for Reconsideration
Columbe Motion for Permanent Injunction
RST Opposition to Motion for Permanent Injunction
DCT Order Denying Motion for Reconsideration
Earliest post here.
Update in Columbe v. Rosebud Sioux Tribe
The court has dismissed the plaintiff’s claims that were not appealed to the tribal appellate court for failure to exhaust tribal remedies. Other claims remain extant due to a waiver of immunity.
Here are the materials:
DCT Granting Motion to Dismiss in Part
RST 2d Supplemental Memorandum
Prior materials are here.
Parties Ordered to Produce Contract Provision that Will Determine Whether Rosebud Sioux Tribe Waived Immunity in Federal Court
Here are the materials in Colombe v. Rosebud Sioux Tribe (D. S.D.), a convoluted case originating in tribal court on whether the tribal court can pierce the corporate veil of a former gaming management partner of the Tribe:
Turtle Talk 