Update in California Valley Miwok Tribe v. Salazar — Updated 9/27/13

The court has issued an opinion in California Valley Miwok Tribe v. Salazar (D. D.C.):

DCT Order

From the order:

This matter is before the Court on Intervenor-Defendant’s motion to dismiss for lack of subject-matter jurisdiction, Fed. R. Civ. P. 12(b)(1), and for failure to state a claim, Fed. R. Civ. P. 12(b)(6). See Motion to Dismiss Plaintiffs’ First Amended Complaint for Declaratory and Injunctive Relief (“Mot.”), Dkt. No. 58, at 2 (Mar. 26, 2012). Intervenor-Defendant also argues that it is a required party but that its joinder is precluded by sovereign immunity, id. at 21; for clarity the Court will construe this argument as a motion to join a required party under Federal Rule of Civil Procedure 19(a)(2). Because the Court agrees that Intervenor-Defendant is a required party but not that its joinder is precluded by sovereign immunity, the motion to join a required party is GRANTED. Because the Court finds Intervenor-Defendant’s remaining arguments to be largely — but not entirely — without merit, the motion to dismiss is GRANTED in part and DENIED in part.

Materials are here.

Update — additional materials:

2013 09 20 Motion for Reconsideration

2013 09 20 Motion for Stay Pending Reconsideration

DCT Order Denying Stay

Federal Circuit Affirms Dismissal of Klamath Claims Committee v. United States

Unpublished opinion here:

12-5130.Opinion.8-20-2013.1

Briefs here.

Lower court materials here and here.

KG Urban v. Patrick Update — Matter Not Moot

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

DCT Order Denying MTD

Motion to Dismiss

KG Urban Opposition

Reply

Amended complaint here.

Federal Court Denies Tribal Intervention Motions in KG Urban v. Patrick

Here is that order:

DCT Order Denying Intervention

The intervention motions are here.

State Law Employment Discrimination Suit against Harrah’s Rincon Casino & Resort Dismissed

Here are the materials in Tavares v. Harrah’s Operating Co. (S.D. Cal.):

DCT Order Granting Motion to Dismiss

Harrah’s Motion to Dismiss

Timbisha Leadership Dispute Dismissed under Rule 19

My favorite rule!

Here are the materials in Timbisha Shoshone Tribe v. Dept. of Interior (E.D. Cal.):

2011 Elected Council Motion to Dismiss

Interior Motion to Dismiss

Death Valley Council Opposition

Interior Reply

2011 Elected Council Reply

DCT Order Dismissing Complaint

Prior post on the PI stage of this case here.

 

Federal Circuit Briefs in Klamath Claims Committee v. US — UPDATED 8-26-13

Here:

KCC Opening Brief

US Answer Brief

Klamath Tribe Amicus

KCC Reply Brief

Lower court materials here and here.

Michigan Files Amicus Brief in State of Oklahoma v. Hobia

Here:

State of Michigan Amicus Brief

The other opening briefs are here.

Federal Court Enjoins Enforcement of Navajo Employment Preference Law against Salt River Project

Here are the materials in Salt River Project Agricultural Improvement & Power District v. Lee (D. Ariz.):

DCT Order Granting Salt River Project Motion

Salt River Project Motion for Summary J

Navajo Cross-Motion

Salt River Project Reply

Navajo Reply

This case is on remand from the Ninth Circuit, materials here.

For more background on the Navajo Preference in Employment Act, see Howard Brown and Ray Austin’s excellent article here.

Cherokee Nation En Banc Petition in Vann v. Salazar

Here:

2013-01-28 Appellee Cherokee Nation Petition for Rehearing (without attachments)

Panel materials here.

The D.C. Circuit has had few, if any, en banc hearings in the last few years because the court is severely understaffed. There have been, however, a rash of dissents from denial of en banc petitions which serve as a sort of marker for later review. Worth it to see if anything happens here.