Ninth Circuit Dismisses Bishop Community Land Claim against City of Los Angeles under Rule 19

Here is the opinion in Paiute-Shoshone Indians of the Bishop Community v. City of Los Angeles.

An excerpt:

Plaintiff Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California, an Indian tribe formallyrecognized by the United States, filed this action againstDefendant City of Los Angeles for an order restoring Plaintiffto possession of land that the City took long ago in a deal withthe United States. The district court dismissed the actionunder Federal Rule of Civil Procedure 12(b)(7) because itruled that, under Rule 19 of the Federal Rules of Civil Procedure, the United States was a required party that Plaintiffcould not join. The district court certified the appealability ofits order under 28 U.S.C. § 1292(b). Upon Plaintiff’s timelyrequest, we agreed to hear this interlocutory appeal, and we now affirm.

And the briefs:

Paiute-Shoshone Brief

Los Angeles Brief

Paiute-Shoshone Reply

Katherine Florey on Rule 19 after Pimentel

Katherine Florey has published “Making Sovereigns Indispensable: Pimentel and the Evolution of Rule 19” in the UCLA Law Review.

Here is the abstract:

Though Federal Rule of Civil Procedure 19 might appear to be one of the more esoteric of the Federal Rules, it is actually an exceptionally powerful device: It permits defendants to obtain dismissal of cases over which the court has valid jurisdiction, even when no other forum exists in which the action can be brought.  This Article argues that, while Rule 19 was originally intended to facilitate the consolidation of litigation by requiring joinder of absent parties, it has evolved in an important subset of cases to serve a nearly opposite purpose.  That is, in many cases in which a party may be affected by the litigation but cannot be joined because it is a sovereign possessing immunity from suit, courts have developed a near-categorical rule that the entire case may be dismissed—even if that means that the plaintiff is permanently denied a remedy.  Further, the U.S. Supreme Court recently appeared to endorse this approach, holding that Philippine human rights victims’ claims to their former regime’s assets could not be litigated because two Philippine governmental entities could not be joined in the case.

In such situations, this Article argues, Rule 19 functions almost as an abstention doctrine, permitting courts to avoid decisions in cases that may raise sensitive intergovernmental or foreign-relations issues.  This use of the rule is problematic for several reasons.  It is not authorized by (or even discussed in) Rule 19’s text, and it appears at odds with the original purpose of Rule 19: to promote consolidated litigation of disputes, not to dispose of them entirely.  Further, it permits the interests of the plaintiff—and the public interest in resolution of disputes—to be systematically slighted.  Thus, although there may be situations in which an absent party’s sovereign immunity should be taken into account, courts have gone too far in their solicitude for absent sovereigns.  This Article explores how this phenomenon has evolved and suggests ways in which courts’ analysis of Rule 19 factors should be modified to take account of the rule’s fundamental purposes

State Law Claim to Recover Gaming Losses from Seminole Tribe and Other Dismissed

Here is the opinion in Crawley v. Clear Channel (M.D. Fla.):

DCT Order Dismissing Crawley Complaint

Technically, Seminole Tribe was not a defendant, but intervened for purposes of filing a motion to dismiss under Rule 19:

Seminole Motion to Dismiss

The court deemed Seminole’s motion to dismiss moot, as it dismissed the claims on other grounds.

Klamath Claims Committee v. U.S. Cannot Proceed Without Klamath Tribes

Here are the materials in Klamath Claims Committee v. United States (Fed. Cl.):

DCT Order Granting Partial Dismissal for US

USA Motion to Dismiss KCC Complaint

Klamath Claims Committee Response

USA Reply Brief

Salt River Project Federal Challenge to Navajo Labor Relations Board Dismissed

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

DCT Order Dismissing Claim

Navajo Exhaustion Motion to Dismiss

Navajo Rule 19 Motion to Dismiss

Salt River Motion for Summary Judgment

This case is on remand from the Ninth Circuit — and that order is here.

 

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