Update in Nooksack Tribe v. Zinke

Here are new materials in the case now captioned Nooksack Indian Tribe v. Zinke (W.D. Wash.):

14 – Motion of 271 Nooksack Tribal Members to Intervene

19 – Nooksack Tribe’s Motion for Preliminary Injunction

22 Nooksack Opposition to Intervention

24 271 Members Reply in Support of Motion to Intervene

26 – Federal Defendants’ Opposition to Preliminary Injunction Motion and Cross-Motion to Dismiss

29 Nooksack Reply in Support of PI

Updates in Comenout Litigation

Here are the materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

46 Motion to File Third Amended Complaint and PI

49 Motion for Sanctions

53 State Response to 46

54 US Response to 46

58 Reply in Support of 46

59 Response to 49

61 Reply in Support of 49

64 DCT Order Denying Motion for Sanctions

63 DCT Order Denying Motion to File

Prior posts here.

Former Tribal Employee’s False Claims Act Suit to Proceed against Individuals, Sauk-Suiattle Tribe Dismissed

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

13 Motion to Dismiss

15 Motion for TRO

19 Response to 15

20 Reply in Support of 15

22 DCT Order Denying 15

27 Response to 13

28 Reply in Support of 13

39 DCT Order on 13

Nooksack Tribe Sues Interior for Refusing to Recognize Tribal Council, Fund Contracts

Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief

Swinomish Partially Prevails in Dispute with BNSF

Here are the materials in Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

58-swinomish-motion-for-summary-j

63-bnsf-cross-motion

65-swinomish-response

68-bnsf-reply

75-dct-order

An excerpt:

For all of the foregoing reasons, the cross-motions for summary judgment (Dkt. # 58 and Dkt. # 63) are GRANTED in part and DENIED in part. The Tribe is entitled to a declaration that BNSF breached the terms of the Easement Agreement by failing to make annual disclosures regarding the cargo it was carrying across the reservation and by increasing the number of trains and cars traversing the reservation without first seeking to obtain the Tribe’s written assent. The state law claims for damages, compelled disclosures, and an adjustment in rent are not preempted by the ICCTA. To the extent the Tribe seeks an injunction limiting the type of cargo or the number of trains or cars crossing the reservation — whether under a breach of contract, trespass, or estoppel theory — those remedies are unavailable in this jurisdiction. The Tribe may seek a declaration of its contractual rights from the STB and/or it may initiate the right of way cancellation procedures provided under in the IRWA and its implementing regulations.

Federal Court Denies State and Tribal Motions for Summary Judgment in Quil Ceda Tax Disputes

Here is the order in Tulalip Tribes v. State of Washington (W.D. Wash.):

131 Order

Briefs are here.

Briefs in Tulalip Tribes Quil Ceda Village Taxation Suit

Here are the materials in the case now captioned Tulalip Tribes v. State of Washington (W.D. Wash.):

72-washington-motion-for-summary-j

74-tulalip-motion-for-partial-summary-j-govt-services-outside-boundaries

77-us-motion-re-govt-services

79-washington-response-re-74

82-us-response-to-72

84-tulalip-response-to-72

115-tulalip-reply-in-support-of-74

117-washington-reply-in-support-of-72

121-us-reply-re-77

Complaints etc. here.

Federal Court Orders Tribe to Engage in Discovery over Immunity Waiver

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):

9-tribe-motion-for-summary-j

15-response

19-reply

22-dct-order-denying-9

Federal Court Dismisses Comenout Suit

Here are the materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

11-motion-to-dismiss

13-response

15-reply

18-dct-order

Frank’s Landing Class II Gaming Suit Dismissed as to the NIGC; Other Defendants Remain

Here are the materials in Franks Landing Indian Community v. National Indian Gaming Commission (W.D. Wash.):

19 Motion to Dismiss

24 Response

27 Reply

29 DCT Order