Here is the order:
DCT Preliminary Injunction Order
Bay Mills has until noon to close its casino.
Here: LTBB Reply
The injunction hearing has been set for March 23 (news article here).
Here: BMIC Response to LTBB Motion.
Here are the materials in Little Traverse Bay Bands of Odawa Indians v. Bay Mills Indian Community (W.D. Mich.):
2010-12-21 Pltfs Motion forPreliminary Injunction Expedited C
Here: BMIC Complaint.
No injunction sought yet, but one would have to expect one given the federal government’s views here.
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.
Sounds like the federal habeas case is dead for now, as the LVD council is out of jail.
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.
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