Eleventh Circuit Briefs in Longo v. Seminole Indian Casino-Immolakee (Title VII Claim)

Here:

Longo Brief

Seminole Brief

Longo Reply

Lower court materials here.

Update in WD and the Canyon v. Hual’Bay Ba:J Enterprises Inc.

Here are the new materials in WD and the Canyon v. Hual’Bay Ba:J Enterprises Inc. c(Hualalpai Tribal Court):

2015 0804 WD Final Order

2015 0811 Notice of Appeal

 

Federal Court Orders Guidiville Rancheria and Casino Development Partner to Pay $1.9M in Attorney Fees to City of Richmond

Here are the materials in Guidiville Rancheria v. United States (N.D. Cal.):

113 City of Richmond Motion for Judgment on the Pleadings

154 Upstream Point Response

162 City of Richmond Reply

212 DCT Order Granting Motion for Judgment on the Pleadings

255 City of Richmond Motion for Atty Fees

270 Upstream Point Response

271 Guidiville Response

273 City Reply

289 DCT Order Granting Motion for Atty Fees

The tribe has appealed to the Ninth Circuit on the merits of the claim and has already filed their opening brief:

Appellants Joint Opening Brief

Tribal Immunity Does Not Foreclose Deposition of Attorney in Grand Canyon Skywalk Dispute

Here are the materials in Grand Canyon Skywalk Development LLC v. Cieslak (D. Nev.) (No. 15-1189):

1 Motion to Quash

23 Reply in Support of Motion to Quash

[Response sealed]

28 DCT Order Denying Motion to Quash

Another Update in Cosentino v. Fuller Depublication Request

Here:

Defendants’ Request for Depublication

Oppo to Viejas Band’s Depub Request

Opposition to Request of Defendants to Depublish

Opposition to Request of Group of 13

Prior depublication-related posts here and here.

Cal. COA opinion here.

Oklahoma v. Hobia Cert Stage Briefing Complete

Here:

Petition for a Writ of Certiorari

Hobia Cert Opp

Oklahoma Reply

Lower court materials here.

Additional Request to Depublish Cosentino v. Fuller

Here (from the Viejas Band of Kumeyaay Indians):

Request for Depublication 07 14 15

Prior request for depublication here.

California Tribes Seeking Depublication of Cosentino v. Fuller

Here is the request to the California Supreme Court for depublication of Cosentino v. Fuller (Cal. Ct. App.) submitted by thirteen California Indian tribes:

Cosentino Request for Depublication – File Endorsed

Here’s an excerpt:

Here, it is undisputed that Plaintiff’s suit rests entirely on the quintessentially sovereign action of the Pechanga Gaming Commission: revocation of Plaintiff’s gaming license.  Opinion, pp. 6-7.  That action cannot be effected by Gaming Commissioners in their personal capacity — only a properly constituted Gaming Commission can revoke a gaming license.  Indeed, Congress has recognized that regulation of gaming on tribal lands is central to tribal self-governance.  25 U.S.C. § 2701. 

Even though it was “the official action of the [Tribe], following [Defendants’] votes, that caused [Plaintiff]’s alleged injury” (Imperial Granite, 940 F.2d at 1271), the Opinion appears to condition an officer’s immunity on the additional showing that the sovereign’s action fell within its authority and was benignly motivated.  Specifically, the Opinion evaluated whether the Tribe’s Commission acted with a retaliatory motive and whether it “revoked [Plaintiff’s] license on a ground identified in the IGRA, the Tribal-State Compact, or the Pechanga Ordinance.”  Opinion, pp. 16-17.  But where, as here, a plaintiff challenges official action of the tribe, the “tribe’s immunity is not defeated by an allegation that it acted beyond its powers.”  Imperial Granite Co., 940 F.2d at 1271.  The Opinion invites courts and litigants to disregard this firmly established protection of sovereign action under the guise of a “masked official capacity suit[].”  Pistor, 2015 WL 3953448, at *5.

 

Here are previous TurtleTalk posts on this matter:

 https://turtletalk.wordpress.com/2015/06/23/california-appellate-court-issues-slightly-modified-opinion-in-cosentino-v-fuller/

 https://turtletalk.wordpress.com/2015/06/18/california-tribes-seek-rehearing-or-depublication-of-official-immunity-ruling/

 https://turtletalk.wordpress.com/2015/05/29/california-appeals-court-holds-pechanga-casino-officials-may-be-sued-in-employment-action/

Hobia Cert Opposition Brief

Here:

Hobia Cert Opp

Cert petition here.

Indian Grazing Complaint against Tribes and US Dismissed

Here are the materials in South Fork Livestock Partnership v. United States (D. Nev.):

7-1 Tribal Motion to Dismiss

21 Opposition

23 Tribal Reply

24 Federal Motion to Dismiss

27 DCT Order Granting Tribal Motion to Dismiss