Split Ninth Circuit Panel Decides Brice v. Plain Green LLC

Here is the opinion.

Here are the briefs:

Plain Green Brief 19-17414 – 19-17477

Plain Green Brief 19-15707

Amicus Brief

Brice Brief 19-17414 – 19-17477

Brice Brief 19-15707

Reply

Lower court materials here.

Federal Court Rejects Immunity Defense in Tribal Payday Lending Matter

Here are the relevant materials in Brice v. Stinson (N.D. Cal.):

182 Motion for Summary Judgment

197 Opposition

216 Reply

236 DCT Order

An excerpt:

Plaintiffs seek summary judgment on defendants’ third affirmative defense; that some defendants are protected by or some claims extinguished by tribal immunity. In their opposition, defendants admit they personally “are not entitled to assert or invoke sovereign immunity as a defense to these claims” but nonetheless argue plaintiffs’ litigation “of these claims against shareholders of entities providing contractual services to those lenders is a significant infringement on the sovereignty of the tribes. . . . .” Dkt. No. 197 at 22. Defendants miss the point. The claims here hinge on the personal conduct of the defendants. While that conduct is based in significant part on the services defendants personally engaged in or approved to be provided to the Tribes, the claims do not impede on the sovereignty of the Tribes where the Tribes are not defendants in this case and no Tribal Entities remain. Absent apposite caselaw or facts showing how this action “interferes with the purpose or operation of a federal policy regarding tribal interests,” tribal immunity is irrelevant to this action.

Federal Court Rejects Defenses of Tunica-Biloxi’s Sovereign Lending Company

Here are the materials in Dunn v. Global Trust Management (M.D. Fla.):

1 Complaint

13 Defendant Motions to Compel & for Judgment on Pleadings

18 Response

23 Reply

37 DCt Order

And here are the materials in McIntosh v. Global Trust Management (M.D. Fla.):

1 Complaint

24 Defendant Motion to Compel & for Judgment on Pleadings

31 Response

34 Reply

46 DCT Order

Federal Court Allows CFPB Suit to Proceed against Think Finance

Here are the materials in Consumer Financial Protection Bureau v. Think Finance (D. Mont.):

51 Motion to Dismiss

59 Response

61 Reply

65 NFOA & Oklahoma Amicus Brief

78 DCT Order

Appeals Court Remands Suit Against Tunica-Biloxi’s Casino Employees

Order and Memorandum in re Zaunbrecher v. Succession of David, 2015-769 (La. App. 3 Cir. 12/9/15) here.

An appeals court affirmed the Paragon Casino’s immunity from suit for the death of Blake Zaunbrecher, who was killed by a drunk driving patron in 2013.  However, the court reversed the decision to extend that immunity to its employees.   It found that the bartender and security guards could have a personal duty to the decedent that will make them personally liable.  It remanded the case to the 12th Judicial District Court to decide whether to stay all proceedings until resolution of a similar suit in Tribal court.

Federal Court Dismisses Suit against Tribal Lending Entity Owned by Tunica-Biloxi Tribe

Here are the materials in Everette v. Mitchum (D. Md.):

21 MobiLoans Motion to Dismiss

22-1 Riverbend Finance Motion to Dismiss

30-1 Mitchem Motion to Dismiss

40 Response to MobiLoans

41 Response to 3052 Mitchem Reply

53 Riverbend Finance Reply

57 MobiLoans Reply

59-1 Scott Tucker Motion to Dismiss

60 Response to 59

62 Everette v. Mitchem (D.MD) Memorandum Order

Ninth Circuit Briefs in Consumer Financial Protection Board v. Great Plains Lending

Here:

Great Plains Lending Opening Brief

CFPB Answer Brief

Great Plains Lending Reply Brief

Reply Brief

Lower court materials here.

Consumer Financial Protection Bureau Moves against Three Tribal Payday Lenders UPDATED

Here are the materials in Consumer Financial Protection Bureau v. Great Plains Lending LLC, Mobiloans LLC, and Plain Green LLC (C.D. Cal.):

1 CFPB CID Enforcement Petition

2 CFPB 3-19-14 Memo

3 CFPB Declaration

6 CFPB Show Cause Order

UPDATE:

14 Respondents Joint Opposition

22 CFPB Reply

25 Respondents Joint Surreply

28 DCT Order

Consumer Financial Protection Bureau Denies Petition by Tribal Payday Lenders to Set Aside Investigative Demands

Here:

201309_cfpb_decision-on-petition_great-plains-lending-to-set-aside-civil-investigative-demands

Thanks to S.D. More material here.