Western District of Oklahoma – Page 9

Pursuant to this Order, Defendants are hereby Ordered to recognize, honor, and implement the terms of the October 31, 2013, Compact with the Chickasaw Nation and all of its terms, including the tax apportionment formulas, as if that Compact were entered with Plaintiffs. Further, the State shall withdraw any tobacco stamps issued inconsistently with the terms of the 2013 Compact.
The Court finds that any tax loss to the State is easily recoupable, and because this Order will expire in three weeks, in accordance with Fed. R. Civ. P. 65(c), Plaintiffs shall post a bond in the amount of $25.00 within three days of the date of this Order.

Prior post here.

Tenth Circuit Materials in Cheyenne and Arapaho Tribes v. First Bank and Trust Co.

October 18, 2013Matthew L.M. Fletcher1 Comment

Here:

7-12-13 Appellants’ Opening Brief w-Attachments and Index of Appendix (Doc 01019090767 filed 7-12-13)

8-14-13 Answer Brief of Appellees First Bank and Doug Haught (Doc 01019109189)

9-27-13 Notice of Supplemental Authority (Bittle v Bahe) letter to Circuit Clerk

Lower court materials here.

Sac and Fox Company Sues Ponca Tribe in Federal Court over Construction Contract

September 9, 2013September 8, 2013Matthew L.M. Fletcher

Here is the complaint in G2 v. Ponca Tribe of Indians of Oklahoma (W.D. Okla.):

G2 Complaint

An excerpt:

5. On March 1, 2010, the Ponca Tribe executed a “Construction Loan” in favor of G2 in the principal amount of $750,000.00, with a rider that all construction should be performed at cost plus 10%.

6. G2 performed all of its obligations under the Construction Loan contract.

7. The Ponca Tribe had been substantially performing on this Construction Loan by making payments to G2 in the amount of $35,000.00 per month. See attached Exhibit 2.

8. Despite G2’s notice of default and demand for repayment, the Ponca Tribe has defaulted on repayment pursuant to the terms of the Construction Loan. Said failure constitutes an event of default pursuant to the Construction Loan. The Ponca Tribe breached its contract with G2 by failing to make payments on the principal balance, and failing to otherwise cure the default.

9. G2 has sustained damages in connection with the Ponca Tribe’s breach of contract.

10. G2 has sustained damages and costs in connection with the Ponca Tribe’s continued use of its tax license, incurring fees and monies owed (OTC Case No. P-13-037-K).

11. G2 is entitled to recover damages it has sustained, including repayment of the remaining principal balance of $350,000.00, interest which continues to accrue, plus the expenses related to filing this action and reasonable attorneys’ fees.

Kiowa Casino Operating Authority Reinstated as Defendant After Discovery Confirms Waiver of Immunity

August 28, 2013Matthew L.M. Fletcher

Here are the new materials in Swanda Brothers Inc v. Chasco Constructors Ltd LLP (W.D. Okla.):

DCT Order Denying KCOA Motion

Kiowa Casino Operations Authority MTD

Chasco Response

KCOA Reply

The court had previously dismissed Kiowa from the matter (see post here), but after discovery the parties found evidence of a waiver of immunity.

Tenth Circuit Revives Establishment Clause Challenge to Oklahoma’s Indian Arrow License Plate (UPDATED)

June 11, 2013June 12, 2013Matthew L.M. Fletcher7 Comments

Here is the opinion in Cressman v. Thompson. Update — Now with dissent: 12-6151

An excerpt:

This appeal concerns an image stamped on the standard Oklahoma license plate ofa Native American shooting an arrow toward the sky. Appellant Keith Cressman objects to the image as a form of speech and wishes not to display it on his personal vehicles.But Oklahoma law imposes sanctions for covering up the image, and the state charges fees for specialty license plates without it—fees that Mr. Cressman does not want to pay. Because he must either display the image or pay additional fees, he argues that the state is compelling him to speak in violation of his First Amendment rights.

And the briefs:

1-Cressman Opening Brief

2-Oklahoma Answering Brief

3-Cressman Reply

Lower court materials here.