tribal court exhaustion doctrine

Updated Materials in Eagle Bear v. Blackfeet Cancelled Lease Dispute [now in bankruptcy]

Matthew L.M. Fletcher

Here are the materials in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.) (No. 22-93):

4 Second Amended Complaint

23 Eagle Bear MSJ

25 BIA MSJ

28 Blackfeet MSJ

44 Independence Bank MSJ

48 Eagle Bear Response to BIA Motion

50 Eagle Bear Response to Blackfeet

52 Blackfeet Response to BIA

54 Blackfeet Response to Eagle Bear

56 Independence Bank Response to Blackfeet

59 Blackfeet Motion to Dismiss Count 2 of Bank Complaint

62 Blackfeet Response to Independence Bank

65 Blackfeet MSJ re Bank Count 1

68 Eagle Bear Reply in support of 23

69 BIA Reply in support of 25

70 Independence Bank Response to 59

71 Independence Bank Reply in support of 44

74 Independence Bank Response to 65

79 Blackfeet Reply in support of 65

82 BIA Motion to Dismiss Bank Complaint

84 Independence Bank Response to 82

86 BIA Reply in support of 82

93 Eagle Bear Motion to Conduct Further Discovery

97 Blackfeet Response to 93

98 DCT Order Granting Motion for Discovery

100 Eagle Bear Motion for Additional Discovery Time

101 Blackfeet Response to 100

102 Eagle Reply in support of 100

104 DCT Order Granting More Discovery Time

Prior post here.

Montana Federal Court Dismisses Wrongful Death Action, Ordering Exhaustion in Fort Belknap Tribal Court

Matthew L.M. Fletcher

Here are the materials in Grant v. Norton (D. Mont.):

3 Amended Complaint.pdfDownload
12 Request for Stay.pdfDownload
13 Motion to Dismiss.pdfDownload
15 DCT Order.pdfDownload

Montana Federal Court Will Decide Whether Nonmember Lease at Blackfeet Was Cancelled, Rejecting Nonmember Ploy to Declare Bankruptcy to Avoid a Judgment

Matthew L.M. Fletcher

Here are the materials in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.):

51 Eagle Bear 2d Motion for Injunction

54 Blackfeet Opposition

57 Eagle Bear Motion to Vacate

59 Blackfeet Opposition to Motion to Vacate

65 Blackfeet Brief on Automatic Stay Issue

66 Eagle Bear Brief on Automatic Stay Issue

85 Blackfeet Notice re BIA Filing

85-3 US Motion to Dismiss

87 DCT Order

CA9 Order Granting Bankruptcy Stay

Prior post here.

Ninth Circuit briefs here.

Utah Federal Court Orders Exhaustion of Tribal Remedies in Ute Banishment Case

Matthew L.M. Fletcher

Here are the new materials in Chegup v. Ute Indian Tribe of the Unitah and Ouray Indian Reservation (D. Utah), formerly Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation:

115 Memorandum in Support of Motion to Dismiss.pdfDownload
126 Chegup Brief on Secretarial Approval.pdfDownload
128 Tribe Brief on Secretarial Approval.pdfDownload
129 Reply re Secretarial Approval.pdfDownload
131 Tribe’s Second Brief on Secretarial Approval.pdfDownload
132 DCT Order on Exhaustion.pdfDownload

Tenth Circuit materials here. Earlier materials in the district court here.

Tenth Circuit Dismisses Appeal and Awards Attorney Fees to Iowa Tribe

Matthew L.M. Fletcher

Here are the materials in Monster Tech. Group v. Eller:

Monster Tech Motion to Dismiss.pdfDownload
Tribe Motion for Attorney Fees.pdfDownload
Monster Tech Response to Motion for Attorney Fees.pdfDownload
Tribe Response to Motion to Dismiss.pdfDownload
Reply in Support of Motion to Dismiss.pdfDownload
Reply in Support of Motion for Attorney Fees.pdfDownload
Unpublished Opinion.pdfDownload

Merits briefs here.

Lower court materials here.

Adams v. Dodge Cert Petition

Matthew L.M. Fletcher

Here:

21- Petition.pdfDownload

Questions presented:

1. Whether federal plaintiffs seeking to challenge their non-federal prosecution on the basis of bad faith face a heightened pleading standard.

2. Whether actions taken by the clerk of a non-federal court to impede review of a habeas petition obviate the petitioner’s need to further exhaust remedies in that court.

Lower court materials here.

Washington Federal Court Orders Insurance Company to Exhaust Tribal Court Remedies

Matthew L.M. Fletcher

Here are the materials in Allstate Insurance Co. v. Cornelson (W.D. Wash.):

1 Complaint.pdfDownload
13 Motion to Dismiss — Subject Matter Jurisdiction.pdfDownload
18 Response to 13.pdfDownload
21 Reply in Support of 13.pdfDownload
28 Motion to Dismiss — Tribal Court Exhaustion.pdfDownload
35 DCT Order Denying 13.pdfDownload
43 Response to 28.pdfDownload
44 Reply in Support of 28.pdfDownload
46 DCT Order.pdfDownload
Great Hall of the Lower Elwha Klallam Tribe

White Earth Ojibwe Appellate Court Dismissed Manoomin Suit against Minnesota DNR

Matthew L.M. Fletcher

Here is the order in Minnesota Dept. of Natural Resources v. Manoomin dated March 10, 2022:

manoomin-opinion-ap21-0516Download

Prior post here.