Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

Split Ninth Circuit Panel Affirms Dismissal of Challenge to Repatriation of “La Jolla Skeletons” to Kumeyaay Cultural Repatriation Committee

Here is the opinion in White v. University of California.

From the court’s syllabus:

The panel affirmed the district court’s dismissal of an action under the Native Graves Protection and Repatriation Act on the basis that the affected tribes and their representatives were indispensable parties and could not be joined in the action.

The action concerned the “La Jolla remains,” two human skeletons discovered during an archaeological excavation on the property of the Chancellor’s official residence at the University of California-San Diego. The tribes claimed the right to compel repatriation of the La Jolla remains to one of the Kumeyaay Nation’s member tribes. Repatriation was opposed by the plaintiffs, University of California professors who wished to study the remains. The professors sought a declaration that the remains were not “Native American” within the meaning of NAGPRA, which provides a framework for establishing ownership and control of newly discovered Native American remains and funerary objects, as well as cultural items already held by certain federally funded museums and educational institutions.

The panel held that the plaintiffs had Article III standing to bring suit because if the La Jolla remains were repatriated,
the plaintiffs would suffer a concrete injury that was fairly traceable to the challenged action. In addition, this injury was likely to be redressed by a favorable decision.

The panel held that NAGPRA does not abrogate tribal sovereign immunity because Congress did not unequivocally express that purpose. The panel held that the “Repatriation Committee,” a tribal organization, was entitled to tribal sovereign immunity as an “arm of the tribe.” In addition, the Repatriation Committee did not waive its sovereign immunity by filing a separate lawsuit against the University or by incorporating under California law.

The panel held that the tribes and the Repatriation Committee were necessary parties under Federal Rule of Civil Procedure 19(a)(1) and were indispensable under Rule 19(b). In addition, the “public rights” exception to Rule 19 did not apply. Accordingly, the district court properly dismissed the action.

Dissenting, Judge Murguia agreed with the majority that the plaintiffs had Article III standing, that NAGPRA did not abrogate the sovereign immunity of the tribes, and that the Repatriation Committee was entitled to sovereign immunity. She would hold, however, that the Committee was not a necessary and indispensable party because it was neither necessary nor indispensable to resolution of the question whether the University properly determined that the La Jolla remains were Native American within the meaning of NAGPRA.

Briefs are here.

Federal Court Dismisses Jamul Action Committee Challenge under Rule 19 (with leave to amend)

Here are the materials in Jamul Action Committee v. Stevens (E.D. Cal.):

21 Federal Motion to Dismiss

22 Jamul Indian Village Motion to Fiile Amicus Brief

22-1 Jamul Indian Village Motion to Dismiss

30 Jamul Action Committee Response to Jamul Indian Village

31 Jamul Action Committee Response to Feds

34 Jamul Indian Village Reply in Support of Amicus Motion

36 Jamul Indian Village Reply in Support of Motion to Dismiss

37 Federal Reply

42-1 Jamul Action Committee Motion to Amend Complaint

50 DCT Order

We posted the complaint here.

Voluntary Dismissal Order in Begay v. Begay

Here:

AZ Dist Ct Notice of Voluntary Dismissal

Prior posts here, here, and here.

Tenth Circuit Supplemental Briefs in Oklahoma v. Hobia re: Bay Mills Decision

Here:

Oklahoma Supplemental Brief re Bay Mills

Tribal Supplemental Brief re Bay Mills

The Tenth Circuit previously abated this matter pending the outcome in Michigan v. Bay Mills.

Federal Court Denies TRO in Begay v. Begay

Here:

28 NNOGC-Begay-DKT-0028-000 ME Order Denying TRO

Prior posts here and here.

Update in Begay v Begay

Here:

17 NNOGC Motion for Leave to File Amicus Brief

17-1 NNOGC Amicus Brief

17-2 Exhibits A-D

17-3 Exhibits E-O

17-4 Exhibits P-T

19 Navajo Nation Motion to Intervene

20 Navajo Nation Motion to Dismiss

21 NNOGC-Begay-DKT-0021-000 Defs Response in Opp to Plfs App for TRO and OSC-Filed 7-2-14

21-1 NNOGC-Begay-DKT-0021-001 Exh A-C to Defs Response in Opp to Plfs App for TRO and OSC-Filed 7-2-14

Complaint and motion for TRO posted here.

 

Rule 19 Motion by Banks in Indian Country Payday Lending Matter Denied

Here are the materials in Dillon v. BMO Harris Band NA (M.D. N.C.):

32 BMO Harris Motion to Sever

34 BMO Harris Motion to Transfer

36 BMO Harris Motion to Compel Arbitration

39 BMO Harris Motion to Dismiss

68 Dillon Response to Motion to Sever

69 Dillon Response to Motion to Transfer

70 Dillon Response to Motion to Compel Arbitration

71 Dillon Response to Motion to Dismss

100 DCT Order on Motion Compel Arbitration

108 DCT Order on Rule 19 Motion

D.C. Circuit Briefs in Amador County v. Dept. of Interior (Amador II) — Buena Vista Rancheria Motion to Intervene

Here:

Buena Vista Opening Brief

Amador County Brief

Buena Vista Reply Brief

DOI Letter

UPDATE: oral argument audio here.

Lower court materials:

59-1 Buena Vista Rancheria Motion to Intervene

61 Amador County Opposition

62 Buena Vista Reply

65 DCT Order Denying Motion to Intervene

Materials in related cases:

Materials in Amador I.

Materials in Friends of Amador County v. Jewell.

Opening Eighth Circuit Brief in Two Shields v. Wilkinson

Here:

opening brief of plaintiffs-appellants

addendum to brief of plaintiffs-appellants

The MSU ILPC filed an amicus brief in this matter as well:

Two Shields ILPC Amicus Final

Lower court order here:

108 Order Granting Motion to Dismiss

Here are the opening lines of the appellants’ brief:

Appellees engineered and executed a scheme to swindle hundreds of millions of dollars in oil-and-gas lease revenue from Appellants Ramona Two Shields and Mary Louise Defender Wilson and the class of Native Americans they propose to represent. Yet the District Court concluded that Appellants could not, as a matter of law, pursue their North Dakota common-law claims against Appellees simply because Appellees involved the United States in their swindle. Based on that fact alone, the District Court found that Federal Rule of Civil Procedure 19 required dismissal of Appellants’ entire case.

There is a parallel suit against the United States in the CFC.