One Fire Dept. Challenges Another Fire Dept.’s Tribal Agreement in Cal. Appellate Court

Interesting case, with Rule 19 a major player.

Here is the opening brief in El Dorado/Diamond Springs Fire Protection District v. El Dorado Fire Protection District (Cal. App. 3rd Dist.): Diamond Springs Opening Brief.

The agreement involves the Shingle Springs Band of Miwok Indians.

New Mexico Court of Appeals Affirms Tribal Immunity from Suit re: Land

Here is that court’s opinion in Armijo v. Pueblo of Laguna. An excerpt:

The Pueblo of Laguna (the Pueblo) appeals the order of the district court denying the Pueblo’s motion to dismiss the cross-claims of Appellee Robert Armijo (Armijo) filed in a quiet title suit. Our resolution of this appeal requires us to consider the issue of tribal sovereign immunity as it relates to non-tribal land purchased by the Pueblo and whether the Pueblo is an indispensable party. We hold that the Pueblo is immune from suit under the doctrine of tribal sovereign immunity and, further, that the Pueblo is an indispensable party who cannot be joined. Accordingly, we reverse the order of the district court and remand for dismissal of Armijo’s cross-claims.

Interestingly, this case was decided Oct. 6, right before the Supreme Court granted cert in Madison County v. Oneida Indian Nation.

Federal Court Dismisses California from Private Challenge to Buena Vista Rancheria Gaming Compact

Interesting decision, in that the court found the private plaintiff could avoid California’s Eleventh Amendment immunity, but dismissed anyway for a lack of a cause of action in IGRA to sue over gaming compacts.

Here are the materials in Friends of Amador County v. Salazar (E.D. Cal.):

DCT Order Dismissing California

California Motion to Dismiss

Opposition to Cal. Motion

Cal. Reply

Oklahoma Not Indispensable Party in Quapaw Environmental Suit against Polluters

Here is the most recent update in Quapaw Tribe v. Blue Tee (N.D. Okla.):

Quapaw v. Blue Tee Order re Rule 19 Motion

Blue Tee Rule 19 Motion

Quapaw Response

Blue Tee Reply

Ninilchik Native Assn. v. Cook Inlet Region — Rule 19 Motion Denied

Here are the materials so far in Ninilchik Natives Association, Inc. v. Cook Inlet Region, Inc. (D. Alaska):

Ninilchick Complaint

Cook Inlet Rule 19 Motion

Ninilchick Response

Cook Inlet Reply

DCT Order re Rule 19 Motion

Briefing in Navajo Law Enforcement Employee Claim for Higher Wages under 638 Contract

The case is Boye v. United States and is pending in the Federal Circuit:

Boye Opening Brief

Government Brief (Boye)

The lower court decision is here.

Ninth Circuit Allows EEOC Claim against Peabody Coal to Proceed; EEOC and Navajo May Seek Injunctive Relief

Ah, Rule 19!

Here is Judge William Fletcher’s opinion in EEOC v. Peabody Coal. Here are the briefs.

And supplemental authority filed by the Navajo Nation: Austin v Andrus Brief.

Stockbridge Munsee Briefs in Brotherton Land Claim

As Indianz reported yesterday, the Third Circuit vacated a part of the district court order dismissing the Unalatchtigo Band of Nanticoke-Lanni Lenape Nation’s land claim for the Brotherton Indian Reservation involving the Stockbridge-Munsee Indian Community.

Here are the briefs (opinion here):

Stockbridge Munsee Community Brief

Appendix I

New Jersey Brief

New Jersey Land Title Assn Amicus Brief

Stockbridge Munsee Reply Brief

Federal Court Increases Slot Machine Pool in California to 55,000+

Here are the materials in Rincon Band v. Schwarzeneggar:

DCT Order Granting Additional Slot Machines

Rincon Motion for Partial Summary J

Cali Opposition re Motion for Partial Summary J

Rincon Reply

News article here, via Pechanga.

Federal Court Dismisses Long-Running Jamul Election and Land Disputes

Here is the opinion in Rosales v. United States (Ct. Cl.) — Rosales DCT Order Dismissing Complaints

US Motion to Dismiss Rosales Complaints

Rosales Opposition

US Reply Brief