Rule 19

Update in Maverick Gaming Challenge to IGRA — New Venue and Rule 19 Motion to Dismiss

Matthew L.M. Fletcher

Here are the new materials in Maverick Gaming LLC v. United States (W.D. Wash.):

66 Amended Complaint.pdfDownload
68-1 Shoalwater Motion to Dismiss.pdfDownload
85 Shoalwater Bay MTD.pdfDownload
95 State Brief Supporting Rule 19 Dismissal.pdfDownload
96 Opposition to Rule 19 Dismissal.pdfDownload

97 Reply

Prior post here.

Shoalwater Bay is serious.

Ninth Circuit Materials in Backcountry Against Dumps v. Bureau of Indian Affairs [Campo Band Wind Energy Project]

Matthew L.M. Fletcher

Here:

Backcountry Opening Brief.pdfDownload
BIA Answer Brief.pdfDownload
Campo Band Answer Brief.pdfDownload
Development Co Amicus Brief.pdfDownload
Reply Brief.pdfDownload
Backcountry Supplemental Brief.pdfDownload
BIA Supplemental Brief.pdfDownload
Campo Band Supplemental Brief.pdfDownload
Development Co Supplemental Brief.pdfDownload

Lower court materials here.

Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge

Matthew L.M. Fletcher

Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.

Briefs:

Klamath irrigation Opening Brief

Shasta View Opening Brief

Hoopa Answer Brief

Klamath Answer Brief

Federal Answer Brief

Shasta View Reply

Reply

Lower court materials here.

Alaska Federal Court Rules in Favor of Southcentral Foundation in Dispute with Alaska Native Tribal Health Consortium

Matthew L.M. Fletcher

Here is the final order in Southcentral Foundation v. Alaska Native Tribal Health Consortium (D. Alaska):

352 DCT Order.pdfDownload

Prior post here. Long running case, so case tag here.

California Federal Court Dismisses Anti-NAGPRA Scholar’s Free Speech Suit

Matthew L.M. Fletcher

Here are the materials in Weiss v. Perez (N.D. Cal.):

16 Motion for Preliminary Injunction

31 San Jose State Motion to Dismiss

32 SJSU Opposition to 16

46 Reply in Support of 16

57 Opposition to 31’\

60 Reply in Support of 31

78-dct-orderDownload

Complaint posted here.

Alaska Federal Court Denies Rule 19 Motion in Tribal Health Care Case

Matthew L.M. Fletcher

Here are the materials in Southcentral Foundation v. Alaska Native Tribal Health Consortium (D. Alaska), on remand from the Ninth Circuit (materials here):

296 ANTHC Rule 19 Motion

302 Response

308-1 Amicus Brief

310 Reply

316 Southcentral Motion for Summary

317 Response

322 Reply

334-dct-order-denying-rule-19-motionDownload
Rule 19 doesn’t work well when it’s dark outside. . . .

SCOTUS Denies Cert in Jamul Action Committee v. Simermeyer

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials.

Federal Court Dismisses Challenge to Wind Energy Project under Rule 19, Tribal Immunity

Matthew L.M. Fletcher

Here are materials so far in Backcountry Against Dumps v. Bureau of Indian Affairs (S.D. Cal.):

75-1 Tribe Motion to Dismiss

84 Opposition

87 Reply

93 DCT Order

Prior post here.

Federal Court Dismisses Nonmember Suit against Swinomish over Easement on Trust Land

Matthew L.M. Fletcher

Here is the order in Carney v. State of Washington (W.D. Wash.):

37 DCT Order

Prior post here.

Federal Court Assumes Federal Jurisdiction over Effort by Nonmember to Claim Easement on Trust Land

Matthew L.M. Fletcher

Here are the materials so far in Carney v. State of Washington (W.D. Wash.):

1 Notice of Removal

1-2 Amended Complaint

10 Swinomish Motion to Dismiss

16 State Response to 10

21 Motion to Remand

23 Carney Response to 10

28 Swinomish Reply in Support of 10

32 State Response to 21

33 Swinomish Response to 21

34 Carney Reply in Support of 21

36 DCT Order Denying Motion to Remand