Western District of Oklahoma – Page 8

Federal Court Holds US May Sell Unallotted Timber Resources over Opposition from Chickasaw and Choctaw Nations

April 24, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Chickasaw Nation v. Dept. of Interior (W.D. Okla.):

Here is the relevant statute authorizing (or mandating) the sale of the resource, as reproduced in the court’s order. Judge for yourself:

That when allotments as provided by this and other Acts of Congress have been made to all members and freedmen of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes, the residue of lands in each of said nations not reserved or otherwise disposed of shall be sold by the Secretary … under rules and regulations to be prescribed by him and the proceeds of such sales deposited in the United States Treasury to the credit of the respective tribes. . . . The Secretary … is hereby authorized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickasaw Nations, which is not principally valuable for mining, agricultural, or timber purposes, in tracts of not exceeding six hundred and forty acres to any one person, for a fair and reasonable price, not less than the present appraised value. . . . Provided further, That agricultural lands shall be sold in tracts of not exceeding one hundred and sixty acres to any one person.

Dispute over Kiowa Elder’s Trust Accounts Filed in Federal Court

April 22, 2015Matthew L.M. Fletcher

Here is the complaint filed in Bushyhead v. Lujan (W.D. Okla.):

1 Complaint

An excerpt:

Defendants Phillip Lujan, Terry Bruner, Rose Roberson, and Marian Bushyhead wrongfully restricted plaintiff Ruby B. Bushyhead’s rights to her private bank accounts and Individual Indian Money (“IIM”) accounts. Bushyhead seeks declaratory and injunctive relief to correct Defendants’ wrongdoing. Plaintiff Helen Sheridan seeks declaratory and injunctive relief against defendant Phillip Lujan for issuing an extrajurisdictional Writ of Assistance ordering her to deliver her grandmother, Ruby B. Bushyhead, to defendant Marian Bushyhead.

Otoe-Missouria Tribal Chairman Brings Civil Rights Action against Connecticut Dept. of Banking

March 10, 2015Matthew L.M. Fletcher

Here is the complaint in Shotton v. Pitkin (W.D. Okla.):

1 Complaint

An excerpt:

Plaintiff brings this action as a result of unlawful enforcement actions taken by Defendants against Plaintiff and Defendants’ entry of a state administrative order imposing a civil penalty of $700,000 against Plaintiff in his individual capacity and unlawfully restraining his conduct without due process of law and in violation of his individual right to immunity as a tribal official.

Our post on a related suit in Connecticut Superior Court action is here.

Financial Services Company Challenges Sac and Fox Nation’s Tribal Court Jurisdiction

November 17, 2014Matthew L.M. Fletcher1 Comment

Here are the complaint and tribal court materials in United Planners Financial Services of America LLP v. Sac and Fox Nation (W.D. Okla.):

Complaint

Federal Court Orders Tribal Court Exhaustion in Caddo Leadership Dispute

August 11, 2014Matthew L.M. Fletcher2 Comments

Here are the new materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agengy (W.D. Okla.):

18 CIO Motion to Dismiss

21 Edwards Response

22 CIO Reply

24 DCT Order

We posted on an earlier stage of this matter, with the complaint here, and the federal court’s denial of a motion for a TRO here.

Update in Caddo Leadership Dispute; Federal Court Denies TRO

April 3, 2014Matthew L.M. Fletcher1 Comment

Here are the new materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

10 Plaintiff Supplemental Brief

13 Defendant Response

17 DCT Order Denying TRO

Earlier materials are here.

Suit against Lac Vieux Desert Band over Tribal Payday Lending

March 27, 2014Matthew L.M. Fletcher1 Comment

Here is the complaint in Decker v. RS Financial Services LLC (W.D. Okla.):

1 Complaint

An excerpt:

1. This is a lawsuit to recover damages arising from the Defendants’ unconscionable loan/pawn finance charges, which are far in excess of any state’s usury limits.

2. Upon information and belief, RS Financial Services, LLC (“RS Financial”) and Sovereign Lending Solutions, LLC (“Sovereign”) are related entities owned and controlled by Defendant William McKibbin (“McKibbin”), and are in the business of making loans at usurious interest rates.

3. Sovereign claims to be an arm of and affiliated with Defendant Lac Vieux Desert Band of Lake Superior Chippewa Indians (“Lac Vieux Tribe”), and to be afforded governmental sovereign immunity.

4. Upon information and belief, the Lac Vieux Tribe receives a fee for allowing Sovereign to claim this affiliation. However, even if the affiliation between Sovereign and the Lac Vieux Tribe was otherwise valid, the conduct alleged in this Complaint is not protected by governmental sovereign immunity.

Caddo Nation Leadership Dispute in Federal Court

March 25, 2014Matthew L.M. Fletcher2 Comments

Here are the materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

1 Complaint

1-7 Petn for Emergency TRO

1-8 CIO Emergency TRO

2 Plaintiff Motion for TRO

8 Plaintiff Supplemental Brief

9 DCT Order

Internal Tribal Governance Dispute Dismissed by Federal Court

March 18, 2014Matthew L.M. Fletcher

Here are the materials in Binger Operations LLC v. Edwards (W.D. Okla.):

1 Complaint

18 Caddo Motion to Dismiss

20 Smith Motion to Dismiss

32 DCT Order Granting Motions to Dismiss

An excerpt:

Binger Operations, LLC (“Binger”) filed this interpleader action against Brenda Shemayme Edwards, Phillip M. Smith, and the Caddo Tribal Council, seeking a determination of the respective rights of the defendants in interpleader (“defendants”) to receive oil and gas severance taxes. Both Mr. Smith and Ms. Edwards claim to be the Chairman of the Caddo Nation, and both have purported to file documents on behalf of the Caddo Tribal Council.¹ Mr. Smith and, according to his/its motion, the Caddo Tribal Council, have moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subjectmatter jurisdiction. Ms. Edwards and, according to her/its response, the Caddo Tribal Council, have responded in support of the motion to the extent that it challenges this court’s jurisdiction. Binger has responded, and the motions are at issue.

Order and Judgment in CDST Gaming v. Comanche Nation

March 5, 2014March 6, 2014Kate Fort1 Comment

Order here.

Accordingly, treating the tribal court papers filed by Comanche Nation and the tribal court papers of the Comanche Nation partially adopted by the Federal Defendants, as motions for summary judgment under Rule 56, Fed. R. Civ. P. (doc. nos. 160 and 161), the motions are GRANTED. Treating the tribal court papers of CDST as a motion for summary judgment (doc. no. 159), the motion is DENIED. Judgment shall issue forthwith.

Briefs here:

CDST Gaming Tribal Court Materials

Comanche Tribal Court Materials

Judgement here.

Previous post here.