Federal Court Enjoins Bay Mills’ Vanderbilt Casino

Here is the order:

DCT Preliminary Injunction Order

Bay Mills has until noon to close its casino.

Little Traverse Reply Brief in Bay Mills Vanderbilt Casino Injunction Motion

Here: LTBB Reply

The injunction hearing has been set for March 23 (news article here).

Anderson v. GTB: ICRA Habeas Suit Tossed for Failure to Exhaustion Tribal Remedies

Here are the materials:

Anderson Habeas Petition

GTB Motion to Dismiss

GTB Response to Order to Show Cause

Anderson — Magistrate R&R

DCT Order Dismissing Anderson Petition

Bay Mills Opposition to LTBB Motion for Injunction on Vanderbilt Casino

Here: BMIC Response to LTBB Motion.

 

Bay Mills Answer to LTBB Complaint re Vanderbilt Casino

Here: BMIC Answer to LTBB Complaint.

 

LTBB v. BMIC — Federal Court Filings Seeking to Enjoin Vanderbilt Casino

Here are the materials in Little Traverse Bay Bands of Odawa Indians v. Bay Mills Indian Community (W.D. Mich.):

2010-12-21 Complaint

2010-12-21 Pltfs Motion forPreliminary Injunction Expedited C

2010-12-21 Brief in Support of Preliminary Injunction

State of Michigan v. Bay Mills Indian Community Complaint Filed Today

Here: BMIC Complaint.

No injunction sought yet, but one would have to expect one given the federal government’s views here.

Federal Court Dismisses Little River Band’s Challenge to NLRB Jurisdiction for Lack of Jurisdiction

Here is that opinion: LRB v. NLRB

An excerpt:

Plaintiff has simply not established federal-question jurisdiction. The NLRA does not create a cause of action for a plaintiff in federal district court. To the extent plaintiff’s right to relief depends on resolution of a substantial question of federal law, namely, the NLRB’s exercise of jurisdiction over it, that question is properly decided by the NLRA in the first instance, then the court of appeals. This Court lacks jurisdiction to prevent the NLRB from proceeding on the charge that plaintiff is engaged in an unfair labor practice.

Briefs and other materials here and here.

Supplemental Pleading in LVD Case

Sounds like the federal habeas case is dead for now, as the LVD council is out of jail.

LVD Council Supplemental Brief

LVD Council Habeas Petition — UPDATED with Exhibits

Here: LVD Council Habeas Petition.

Update (9/10/10): LVD Habeas Exhibits.

Update (9/11/10): LVD Habeas Exhibits Part 2

Amazing materials. Has this ever happened before? Wonder if one of these (a habeas petition on behalf of an entire tribal council) has ever been filed.