Winnemucca Indian Colony v. United States

Ninth Circuit Decides Winnemucca Indian Colony v. United States [leadership dispute]

Matthew L.M. Fletcher

Here is the unpublished opinion in Winnemucca Indian Colony v. United States.

Briefs here.

Ninth Circuit Briefs in Winnemucca Indian Colony v. United States [leadership dispute]

Matthew L.M. Fletcher

Here:

Opening Brief

Appellee Brief

Reply

Oral argument:

Lower court materials here.

Federal Claims Court Dismisses Winnemucca Trust Breach Claim arising from Alleged Failure to Recognize Proper Tribal Council

Matthew L.M. Fletcher

Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.):

1 Complaint

9-1 US Motion to Dismiss

15 Opposition

21 US Reply

23 DCT Order Granting Motion to Dismiss

An excerpt:

The government argues that Counts One, Two, and Three of the pending case must be dismissed under § 1500 because those Counts raise claims that are the same as the claims pending in the Nevada litigation. Plaintiffs contend that the claims in both lawsuits are not the same and therefore Counts One, Two, and Three need not be dismissed. In addition, the government argues that Counts Three and Four must be dismissed for lack of jurisdiction because they seek equitable relief and a declaratory judgment that are outside the jurisdiction of this court. Plaintiffs did not respond to the government’s arguments regarding this court’s lack of jurisdiction over Counts Three and Four.3 For the reasons discussed below, the court agrees with the government that § 1500 bars the court from considering Counts One, Two, and Three of plaintiffs’ complaint and that Counts Three and Four also must be dismissed as seeking relief outside the jurisdiction of the court. The government’s motion to dismiss the complaint is therefore GRANTED.