Eagle Bear Inc. et al v. The Blackfeet Indian Nation et al
| Eagle Bear Inc. and William Brooke |
| The Blackfeet Indian Nation and The Blackfeet Tribal Court |
| 4:2021cv00088 |
| August 10, 2021 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| Rent Lease & Ejectment |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Filing 25
RESPONSE to Motion re #21 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion To Dismiss for Lack of Jurisdiction and Failure to Exhaust Tribal Court Remedies filed by William Brooke, Eagle Bear Inc.. (Attachments: #1 Exhibit Letter from Brooke to Pollock 1-5-2009, #2 Exhibit Letter from Pollock to Eagle Bear 1-15-2008, #3 Exhibit Letter from Pollock to Eagle Bear 3-27-2008, #4 Exhibit Letter from Pollock to Eagle Bear 4-4-2008, #5 Exhibit Check from Eagle Bear to BIA 6-16-2008, #6 Exhibit Notice of Appeal 6-18-2008) (Westesen, Neil)
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Remark: For future filings, Counsel is asked to please clearly mark their exhibits, as well as number and/or describe their exhibits in the docket entries. Thank you for your cooperation. (SLR)
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Filing 24
Brief/Response to Order re #20 Order Setting,, Blackfeet Nation Defendants' Supplemental Brief Re: Eagle Bear Tax Litigation filed by The Blackfeet Indian Nation, The Blackfeet Tribal Court. (Attachments: #1 Exhibit Blackfeet Nation Defendants Exhibit 1) (McKay, Joseph)
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Filing 23
Brief/Memorandum in Support re #20 Order Setting,, Tax Litigation filed by William Brooke, Eagle Bear Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Westesen, Neil)
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Motions No Longer Referred: #4 MOTION for Preliminary Injunction , #21 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion To Dismiss for Lack of Jurisdiction and Failure to Exhaust Tribal Court Remedies (TLO)
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Filing 22
Brief/Memorandum in Support re #21 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion To Dismiss for Lack of Jurisdiction and Failure to Exhaust Tribal Court Remedies Defendants' Memorandum in Support of their Motion to Dismiss for Lack of Jurisdiction and Failure to Exhaust Tribal Court Remedies filed by The Blackfeet Indian Nation, The Blackfeet Tribal Court. (Attachments: #1 Blackfeet Defendants' Exhibit A1 (Blackfeet Nation letter to BIA 6/18/2021)) (McKay, Joseph)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion To Dismiss for Lack of Jurisdiction and Failure to Exhaust Tribal Court Remedies Joseph J. McKay appearing for Defendants The Blackfeet Indian Nation, The Blackfeet Tribal Court (McKay, Joseph)
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Filing 20
Order; Parties shall each submit a supplemental brief addressing Eagle Bear, Inc.s tax challenge litigation (4:19-CV-00067-BMM) in this Court, and any related litigation filed in Montana state court. The supplemental brief should address the status of those challenges, the legal positions asserted by the parties, and any relevance those claims may have to the motion for preliminary injunction (Doc. 4). The supplemental brief may not exceed 10 pages and must be submitted by September 30, 2021. Signed by Judge Brian Morris on 9/14/2021. (TLO)
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Filing 19
NOTICE by William Brooke, Eagle Bear Inc. re #5 Brief/Memorandum in Support, #4 MOTION for Preliminary Injunction Second Supplemental Authority (Attachments: #1 Exhibit Oct. 2020 Extension, #2 Exhibit Receipt of Extension, #3 Exhibit Tribe Purported Extension, #4 Exhibit Deny Extension, #5 Exhibit Blackfeet Dec. 21 Response, #6 Exhibit Blackfeet Letter to BIA re Extension, #7 Exhibit EB Response to BIA, #8 Exhibit Blackfeet Brief Opposing Dismiss) (Westesen, Neil)
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Filing 18
NOTICE OF INTEREST IN SETTLEMENT CONFERENCE by William Brooke, Eagle Bear Inc. Interest in Settlement Conference (Westesen, Neil) Modified on 9/10/2021 to add text (MMS).
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Filing 17
BLACKFEET DEFENDANTS' STATEMENT OF SUPPLEMENTAL AUTHORITY as to Motion re #4 MOTION for Preliminary Injunction Blackfeet Nation Defendants' Statement of Supplemental Authority in Support of their Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by The Blackfeet Indian Nation, The Blackfeet Tribal Court. (McKay, Joseph) Modified on 9/10/2021 to modify docket title (MMS).
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Filing 16
MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 9/2/2021: Counsel Neil Westesen and Griffin Stevens appearing on behalf of Plaintiffs; and, Counsel Joseph McKay appearing on behalf of Defendants, all present in person. This hearing is with regard to Plaintiffs #4 Motion for Preliminary Injunction. Counsel Westesen and McKay w/argument. Matter is submitted. Court inquiries as to whether the parties are interested in a settlement conference. Parties will advise the Court if they want to proceed to a settlement conference. Any supplemental authority the parties wish to provide is due on or before 9/10/21. Hearing commenced at 1:34 p.m. and concluded at 2:40 p.m. (Court Reporter Y. Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR)
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Filing 15
REPLY to Response to Motion re #4 MOTION for Preliminary Injunction filed by William Brooke, Eagle Bear Inc.. (Westesen, Neil)
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Filing 14
RESPONSE to Motion re #4 MOTION for Preliminary Injunction Defendants' Memorandum in Opposition to the Plaintiffs' Motion for Preliminary Injunction filed by The Blackfeet Indian Nation, The Blackfeet Tribal Court. (Attachments: #1 Exhibit Defendants' Exhibits: A (IBIA Order); B (6/10/2008 BIA Lease Cancellation letter); C (Eagle Bear Notice of Appeal); D (Eagle Bear Check 6/16/2008 2007 annual rent); E (BIA payment history re: Eagle Bear; F (Jan.5, 2009 Eagle Bear Letter withdrawing appeal)) (McKay, Joseph)
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Filing 13
NOTICE of Appearance by Joseph J. McKay on behalf of All Defendants (McKay, Joseph)
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Filing 12
NOTICE OF SUPPLEMENTAL AUTHORITY by William Brooke, Eagle Bear Inc. re #5 Brief/Memorandum in Support, #4 MOTION for Preliminary Injunction (Attachments: #1 Exhibit IBIA Decision (Aug. 10, 2021)) (Westesen, Neil) Modified on 8/19/2021 to add text (MMS).
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Filing 11
WAIVER OF SERVICE Returned Executed by Eagle Bear Inc., William Brooke. The Blackfeet Tribal Court waiver sent on 8/18/2021, answer due 10/18/2021. (Westesen, Neil)
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Filing 10
WAIVER OF SERVICE Returned Executed by Eagle Bear Inc., William Brooke. The Blackfeet Indian Nation waiver sent on 8/18/2021, answer due 10/18/2021. (Westesen, Neil)
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Filing 9
TEXT ORDER Re-Setting Hearing on Motion #4 MOTION for Preliminary Injunction : Motion Hearing is RESET for 9/2/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 8/18/2021. (SLL)
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Filing 8
TEXT ORDER Setting Hearing on Motion #4 MOTION for Preliminary Injunction : Motion Hearing is set for 8/31/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 8/11/2021. (SLL)
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Filing 7
ORDER REASSIGNING CASE: IT IS HEREBY ORDERED that the above-captioned cause is REASSIGNED to the Honorable Brian Morris for all further proceedings. Signed by Judge Brian Morris on 8/11/2021. (SLR)
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Filing 6
Summons Issued as to The Blackfeet Indian Nation, The Blackfeet Tribal Court. Counsel is directed to download and print the issued Summonses for service. (Attachments: #1 Issued Summons - Black Tribal Court) (SLR)
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Filing 5
Brief/Memorandum in Support re #4 MOTION for Preliminary Injunction filed by William Brooke, Eagle Bear Inc.. (Attachments: #1 Exhibit Petition for Pre-Judgment, #2 Exhibit William Brooke Affidavit, #3 Exhibit Response to Motion to Dismiss for Mootness) (Westesen, Neil)
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Filing 4
MOTION for Preliminary Injunction Neil G. Westesen appearing for Plaintiffs William Brooke, Eagle Bear Inc. Motions referred to John Johnston. (Westesen, Neil)
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Filing 3
Submission of Proposed Summons as to The Blackfeet Indian Nation, re #1 Complaint,, (Westesen, Neil)
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Filing 2
Submission of Proposed Summons as to The Blackfeet Tribal Court, re #1 Complaint,, (Westesen, Neil)
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Filing 1
COMPLAINT against The Blackfeet Indian Nation, The Blackfeet Tribal Court, filed by Eagle Bear Inc., William Brooke. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Lease, #3 Exhibit Complaint, #4 Exhibit Aug. 7. Letter, #5 Exhibit Aug 17 Letter, #6 Exhibit Sept 7 Letter, #7 Exhibit Oct 17 Letter, #8 Exhibit Oct 19 Letter, #9 Exhibit Notice of Appeal from Sept 7, #10 Exhibit Notice of Appeal from Oct. 17, #11 Exhibit Apr. 4 Decision, #12 Exhibit Blackfeet IBIA Brief, #13 Exhibit Denying Expedited Review, #14 Exhibit May 17th 3 Year Extension Decision, #15 Exhibit Motion to Dismiss for Mootness, #16 Exhibit Letters of Decision) (MMS)
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Filing fee: $ 402.00, receipt number 0977-2709826 (MMS)
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