Here:
283 Miccosukee Motion for Reconsideration
Dismissal materials here.
Southern District of Florida
Federal Court Dismisses Miccosukee Tribe’s RICO Suit against Billy Cypress, Former Leaders & Former Lawyers
Here are the updated materials:
155 Miccosuke Response to Motion to Strike
281 DCT Order Granting Motion to Strike
282 DCT Order Dismissing Complaint
An excerpt:
“No one fights dirtier or more brutally than blood; only family knows its own weaknesses, the exact placement of the heart.” Whitney Otto, How to Make an American Quilt (1991). Whitney Otto’s quote seems a particularly apt description of the emotionally and politically charged litigation, occurring in multiple judicial venues, between the named parties, whom include the following.
Motions to dismiss were here.
Miccosukee’s responses were here.
Second amended complaint here.
Federal Court Reopens Inetianbor v. Cashcall (Again) After Plaintiff Shows Reservation Arbitration a Sham
Opening Eleventh Circuit Brief in Miccosukee v. Morgan Stanley
Update in Inetianbor v. Cash Call (Western Sky Financial) — Arbitrator Alleged Biased — Court Finds Irrelevant
Here are the new materials:
Inetianbor Motion to Reconsider
Inetianbor Reply in Support of Reconsideration
An excerpt:
Here, Plaintiff asserts that he has uncovered two new pieces of evidence that indicate that Mr. Chasing Hawk is biased toward CashCall. First, Plaintiff claims that Mr. Chasing Hawk’s daughter, Shannon Chasing Hawk, is employed by Western Sky. Plaintiff has attached what he claims is a printout of Ms. Chasing Hawk’s Facebook profile page, listing “Western Sky Financial” as her employer. See DE 61 at 9. He further alleges that Mr. Chasing Hawk has “10+ kids and every single one of them has either worked for, currently works at CashCall or one of its subsidiaries . . . or had illegally attempted to conduct an unsuccessful arbitration for the defendant.” DE 67 at 2 n.1. Second, Plaintiff alleges that CashCall and Mr. Chasing Hawk have colluded in the initiation of arbitration proceedings. Plaintiff attaches what he claims is an email chain between Mr. Chasing Hawk and an employee of Lakota Cash, LLC (“Lakota Cash”), a subsidiary of Western Sky, which purportedly shows that Lakota Cash prepared the letter for Mr. Chasing Hawk. See id. at 7-8. Plaintiff further claims that he called Mr. Chasing Hawk, and that Mr. Chasing Hawk admitted during the phone call that CashCall had prepared the letter for him. Plaintiff represents that he has tried calling Mr. Chasing Hawk again, but that he told Plaintiff that “I am not able to talk to you because cash call (sic) will get mad. You have to call the attorney, sorry.” Id. at 3.
Prior order here.
Eleventh Circuit Briefs in Seminole Tribe v. State of Florida Tax Dispute
Dispute with Western Sky Financial Heads to Arbitration with CRST Elder Robert Chasing Hawk
Here are the updated materials in Inetianbor v. Cashcall (S.D. Fla.):
DCT Order Compelling Arbitration
57-1 [Affidavit of Robert Chasing Hawk]
Federal Court Grants Morgan Stanley Motion to Compel Arbitration in Cypress RICO Suit
Here are the materials in Miccosukee Tribe v. Cypress (S.D. Fla.):
DCT Order Granting Morgan Stanley Motion
Morgan Stanley Motion to Dismiss
Miccosukee Opposition to Morgan Stanley Motion
Interesting question, whether the arbitration agreement signed by the former tribal chairman who now faces RICO charges from the tribe is valid or void ab initio. From the opinion:
Plaintiff, in opposition to being compelled to arbitrate its claims against Morgan Stanley Smith Barney, contends that Defendant Cypress, as the main co-conspirator in embezzling and misappropriating millions of dollars of the Miccosukee Tribe’s funds for his personal gain, was without authority to bind the Miccosukee Tribe, absent the knowledge and consent of the Miccosukee Tribe’s General Counsel, to arbitration, which effectively closes the federal courthouse doors to its claims against Morgan Stanley Smith Barney.
But the court rejected the argument:
If there is an absence of actual authority, Defendant Cypress certainly had apparently [sic] authority.
Eleventh Circuit Rules against Miccosukee Tribe in Dispute over Everglades Flood Control
Here is the opinion in Miccosukee Tribe of Indians v. United States. An excerpt:
Since 1995, the Miccosukee Tribe of Indians of Florida (“Tribe” or “Miccosukee tribe”) has had a running battle with the federal government over the government’s management of the Central and Southern Florida Project for Flood Control (“C&SF Project”) in the Everglades. This case is the most recent chapter. The gist of the four-count complaint the Tribe filed in this case is that the project diverts excessive flood waters over tribal lands—in part to protect other land owners whose properties are located within the project. The District Court dismissed three of the complaint’s counts for failure to state a claim for relief and the fourth on summary judgment. The Tribe appeals these decisions. We affirm.
Here are the briefs:
US Supplemental Letter Oct 2011
US Supplemental Letter Sept 2012
Update in Inetianbor v. Cashcall (Western Sky Financial): Federal Court Reopens Case
You may recall from our February post that a federal court had honored an arbitration provision in a Cashcall/Western Sky Financial form agreement and sent the case to the Cheyenne River Sioux Tribal Court. That court responded to the plaintiff that the Cheyenne River Sioux Tribe does not authorize arbitration under the American Arbitration Association rules, so the plaintiff successfully brought the case back to federal court.
Materials in Inetianbor v. Cashcall Inc. (S.D. Fla.) are here:
DCT Order Granting Motion to Reopen
Turtle Talk 
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