Rule 19 – Page 14 – Turtle Talk

Opening Eighth Circuit Brief in Two Shields v. Wilkinson

February 24, 2014Matthew L.M. Fletcher2 Comments

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.

Ninth Circuit Affirms Rule 19 Dismissal in Friends of Amador County v. Jewell

January 30, 2014Matthew L.M. Fletcher5 Comments

Here is the unpublished opinion. An excerpt:

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.

Ninth Circuit Materials in Friends of Amador County v. Salazar (Jewell)

January 28, 2014January 28, 2014Matthew L.M. Fletcher1 Comment

Here:

Friends Opening Brief

Tribe Answer Brief

Friends Reply Brief

Oral argument audio here.

Lower court materials here.

Additional Materials in California Valley Miwok Tribe v. Jewell

January 21, 2014Matthew L.M. Fletcher

Here:

2014 01 07 CVMT Background Memo (FINAL)

2014 01 06 Exs 1-9 CVMT Memo

2014 01 06 Exhs 10-23 CVMT Memo

We posted most recently on this case here and here.

Federal Court Dismisses Skokomish Treaty Rights Claims against State under 11th Amendment and Rule 19

January 15, 2014Matthew L.M. Fletcher2 Comments

Here are the materials in Skokomish Indian Tribe v. Goldmark (W.D. Wash.):

59 State Defendants Motion to Dismiss

60 Prosecuting Attys Motion to Dismiss

67 Tribal Amici Motion to Dismiss

71 Skokomish Reponse

116 DCT Order Dismissing Complaint

An excerpt:

Being fully advised, the court GRANTS both motions on grounds that Skokomish Indian Tribe failed to join certain other Indian tribes in this action. These other tribes are required parties under Federal Rule of Civil Procedure 19, but cannot be joined due to their sovereign immunity. Because the court concludes that the action cannot proceed “in equity and good conscience” without these other tribes, see id., the court dismisses Skokomish Indian Tribe’s action without prejudice. With respect to Defendants Goldmark and Young only, the court also grants Defendants’ motions to dismiss on grounds of Eleventh Amendment sovereign immunity and because Skokomish Indian Tribe has failed to state a claim under Federal Rule of Civil Procedure 12(b)(6). Nevertheless, despite granting Defendants’ motions, the court also grants Skokomish Indian Tribe leave to amend its Amended Complaint.

We posted the complaint here.

Judge Gorton Holds Massachusetts Gaming Act Passes Constitutional Scrutiny

January 10, 2014Matthew L.M. Fletcher

Here are the materials in KG Urban v. Patrick (D. Mass.):

140 Mass Gaming Commission Motion for Summary J

143 KG Urban Motion for Summary J

151 KG Urban Opposition

152 Mass Gaming Commission Opposition

153 Mass Gaming Commission Reply

160 DCT Opinion

News coverage here.

Prior posts in this case are here, here, here, and here. First Circuit materials are here.

Federal Court Remands Cal. Valley Miwok Membership Issues to BIA

December 16, 2013December 16, 2013Matthew L.M. Fletcher

Here are the materials in California Valley Miwok Tribe v. Jewell (D. D.C.):

56 Federal Motion for Summary J

83 Intervenor CVMT Response to US Motion

86 Plaintiff CVMT Reply

87 DCT Order Denying Motion for Reconsideration

88 DCT Order on Cross-Motions for Summary J

An excerpt:

For the reasons discussed below, this Court concludes that the Assistant Secretary erred when he assumed that the Tribe’s membership is limited to five individuals and further assumed that the Tribe is governed by a duly constituted tribal council, thereby ignoring multiple administrative and court decisions that express concern about the nature of the Tribe’s governance. Therefore, the Court will grant Plaintiffs’ motion for summary judgment in so far as it seeks remand of the August 2011 Decision and deny the Federal Defendants’ cross motion for summary judgment.

Prior posts are here, here, and here.