Poarch Band of Creek Indians v. Hildreth

Plaintiff: Poarch Band of Creek Indians
Defendant: James H. Hildreth, Jr.
Counter_claimant: James H. Hildreth, Jr.
Counter_defendant: Poarch Band of Creek Indians
Case Number: 1:2015cv00277
Filed: May 26, 2015
Court: Alabama Southern District Court
Office: Mobile Office
County: Mobile
Referring Judge: William E. Cassady
Presiding Judge: Callie V. S. Granade
Nature of Suit: All Other Real Property
Cause of Action: 25:640
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
September 12, 2016 80 Opinion or Order of the Court ORDER ADOPTING 77 Report and Recommendation with exception that Plaintiff's motion to strike Defendant Moore's affirmative defenses numbered 4 and 5 is granted. It is ORDERED, ADJUDGED, and DECREED that the 59 Motion to Dismiss Count erclaim is granted (a) as to the United States Department of the Interior; Sally Jewell, Secretary of the DOI; Kevin Washburn, Assistant Secretary-Indian Affairs; and the Bureau of Indian Affairs because they are not necessary Counterclaim Defendants ; and (b) as to the United States of America pursuant to Rule 12(b)(1). It is further ORDERED, ADJUDGED and DECREED that the 60 Motion to Dismiss Amended Counterclaims and to Strike Certain Affirmative Defenses filed by the Poarch Bank of Creek In dians and tribal council members, Stephanie Bryan, Robert McGhee, David Gehman, Arthur Mothershed, Keith Martin, Sandy Hollinger, Garvis Sells, and Kevin McGhee, is (a) granted in part to the extend that the Counterclaim Plaintiff's counterclaim s against them are dismissed pursuant to Rule 12(b)(1) and that the Counterclaim Plaintiff's affirmative defenses 2,3,4,5,6,7 and 8 are stricken; and (b) denied in part to the extend that the Counterclaim Plaintiff's affirmative defenses 9,10,11,12 are not stricken. Signed by Senior Judge Callie V. S. Granade on 9/12/2016. (mab)
July 22, 2015 36 Opinion or Order of the Court ORDER, GRANTING 12 MOTION for Preliminary Injunction filed by Poarch Band of Creek Indians, and ORDERING that James Hildreth, the Tax Assessor of Escambia County, is prohibited from proceeding with or issuing any assessment of the Tribe's Trust Property. Signed by Judge Callie V. S. Granade on 7/22/2015. (mab)

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Plaintiff: Poarch Band of Creek Indians
Represented By: Charles A. Dauphin(Designation Retained)
Represented By: Mark Howard Reeves
Represented By: David Coventry Smith
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Defendant: James H. Hildreth, Jr.
Represented By: Spencer Thomas Bachus, III
Represented By: Steven Michael Brom
Represented By: Bryan McDaniel Taylor
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Counter_claimant: James H. Hildreth, Jr.
Represented By: Spencer Thomas Bachus, III
Represented By: Steven Michael Brom
Represented By: Bryan McDaniel Taylor
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Counter_defendant: Poarch Band of Creek Indians
Represented By: Charles A. Dauphin(Designation Retained)
Represented By: Mark Howard Reeves
Represented By: David Coventry Smith
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