Here are the materials in Grand Canyon Skywalk Development LLC v. Steele (D. Nev.):
17 Scutari & Cieslak Motion to Dismiss
20 Tribal Council Defendants Motion to Dismiss
32 Tribal Council Defendants Reply
63 Notice of Voluntary Dismissal of Cesspooch
64 Notice of Voluntary Dismissal of Tribal Council Defendants
Complaint posted here.
Here are the materials in State Farm Insurance Companies v. Turtle Mountain Fleet Farm LLC (D.N.D.):
25 Greenwoods Motion for Summary J + Tribal Appellate Court Decision
27 State Farm Motion for Summary J
27-3 State Farm Tribal Court Motion to Dismiss
An excerpt:
In summary, the court concludes that the tribal court does have jurisdiction over the Greenwoods’ claims against State Farm. In reaching this conclusion, the status of the title of the land is not a significant consideration. Rather, the important factors for purposes of this case, given the nature of the activity at issue, are that the insurance policy was issued to members of the Tribe and is for a residence located on the reservation. Consequently, the court would reach the same conclusion if the Greenwoods’ residence was situated on non-Indian owned fee land.
Here are the updated materials in Heldt v. Payday Financial LLC (D.S.D.):
36 Opposition to Motion to Compel Arbitration
46 Opposition to Motion to Stay
51 Opposition to Motion to Dismiss
56 Reply Brief in Support of Motion to Dismiss
An excerpt:
ORDERED that Defendants, as the parties asserting that there is tribal court jurisdiction and that there ought to be tribal court exhaustion, must file within thirty (30) days of the date of this Order a declaratory judgment action in the Cheyenne River Sioux Tribal Court naming the Plaintiffs herein to address to that court the issue of tribal court jurisdiction and if that court concludes it has jurisdiction, and the availability of an arbitration forum as specified in the loan agreements in this case. In such a tribal court action, Plaintiffs of course may contest tribal court jurisdiction and assert their arguments as the unavailability of an arbitration forum as specified in the agreements without waiving their assertion that there is no tribal court jurisdiction. It is finally
ORDERED that the parties keep this Court advised of proceedings in the Cheyenne River Sioux Tribal Court by filing upon the conclusion of any tribal court proceedings and/or appeals, all pleadings filed by any party and all rulings by the tribal court as an attachment to an affidavit or stipulation.
Here is the amended opinion:
The main amendment appears to be that the panel will no longer rely upon the Ninth Circuit’s holding in Water Wheel — and instead finds that the tribe retains jurisdiction over the underlying tort claim under the Montana 1 consensual relations exception.
The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition
En banc petition materials here.
Panel materials here.
Lower court decision and materials here.
Here are the new materials in Smith v. Parker (D. Neb.):
136 Village of Pender Response
Cross-motions for summary judgment and briefs are here. Prior posts here, here, and here.
Here are the materials in Wilson v. Shortbull (D. S.D.):
An excerpt:
Ms. Wilson does not object to the magistrate judge finding she failed to exhaust her tribal remedies. Rather, Ms. Wilson objects on the basis that she does not believe the tribal courts can be impartial because of their connection to OLC. (Docket 19). Ms. Wilson asserted this same argument in her response to defendants’ motion to dismiss. (Docket 16). This contention does not fall within any of the exceptions to the exhaustion requirement noted above. In addition, the court agrees with the magistrate judge in finding exhaustion of tribal remedies in this case is particularly appropriate because Ms. Wilson’s allegations are premised on the employment action of a tribally chartered organization. The court finds Ms. Wilson is required to exhaust her tribal remedies. Because Ms. Wilson has not exhausted those remedies, this court lacks jurisdiction over her action.
Here is today’s order list.
Cert petition was here.
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