tribal court jurisdiction over nonmembers – Page 14

5. On March 1, 2010, the Ponca Tribe executed a “Construction Loan” in favor of G2 in the principal amount of $750,000.00, with a rider that all construction should be performed at cost plus 10%.

6. G2 performed all of its obligations under the Construction Loan contract.

7. The Ponca Tribe had been substantially performing on this Construction Loan by making payments to G2 in the amount of $35,000.00 per month. See attached Exhibit 2.

8. Despite G2’s notice of default and demand for repayment, the Ponca Tribe has defaulted on repayment pursuant to the terms of the Construction Loan. Said failure constitutes an event of default pursuant to the Construction Loan. The Ponca Tribe breached its contract with G2 by failing to make payments on the principal balance, and failing to otherwise cure the default.

9. G2 has sustained damages in connection with the Ponca Tribe’s breach of contract.

10. G2 has sustained damages and costs in connection with the Ponca Tribe’s continued use of its tax license, incurring fees and monies owed (OTC Case No. P-13-037-K).

11. G2 is entitled to recover damages it has sustained, including repayment of the remaining principal balance of $350,000.00, interest which continues to accrue, plus the expenses related to filing this action and reasonable attorneys’ fees.

Reply Brief in EXC, Inc. v. Jensen

September 9, 2013September 8, 2013Matthew L.M. Fletcher

Here:

Jensen Reply

Answer Brief in EXC, Inc. v. Jensen

July 25, 2013Matthew L.M. Fletcher

Here:

EXC Answer Brief

Opening briefs are here.

Eighth Circuit Briefs in Tribal Court Jurisdiction Appeal from Rosebud Sioux

July 8, 2013Matthew L.M. Fletcher1 Comment

Here are the briefs in Columbe v. Rosebud Sioux Tribe:

Columbe Opening Brief

RST Answer Brief

Columbe Reply Brief

Lower court materials here.

Opening Ninth Circuit Briefs in EXC v. Jensen — Navajo Court Jurisdiction over Nonmember

June 10, 2013Matthew L.M. Fletcher3 Comments

Here:

Opening Brief

Navajo Nation Amicus Brief

NCAI Amicus Brief

Lower court materials here.

Update in Columbe v. Rosebud Sioux Tribe: Tribal Court Has Jurisdiction to Rule on Gaming Management Contract

January 21, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in Columbe v. Rosebud Sioux Tribe (D. S.D.):

DCT Order Granting RST Motion

Columbe Motion for Summary J

RST Cross Motion for Summary J

Columbe Response

An excerpt:

Colombe now asks this Court to rule on the sole remaining issue from this Court’s September 23, 2011 Opinion and Order: Whether the Tribal Court had jurisdiction to hold that the oral modification to the NIGC-approved management contract was void. Colombe argues that the NIGC has the sole, exclusive authority to determine whether modifications to NIGC-approved management contracts can have any legal effect. Doc. 49 at 6-7. Colombe also argues that Defendants’ Tribal Court suit is prohibited because IGRA does not authorize a private cause of action. Doc. 49 at 8. Defendants counter that the Rosebud Sioux Tribal Supreme Court had jurisdiction to rule on the legal validity of the oral, unapproved modification to the approved management contract after Colombe raised the modification as a defense in the Tribe’s underlying contract suit. Doc. 59; Doc. 60. Defendants also assert that its Tribal Court suit is not for a “claimed IGRA violation” and therefore does not need to be authorized by the IGRA. Doc. 57 at 19.

Here are the materials on the Sept. 2011 order, and on the motion for reconsideration.