Eagle Bear Inc. v. Blackfeet Indian Nation
| Eagle Bear Inc. |
| Blackfeet Indian Nation and Bureau of Indian Affairs |
| 4:2022cv00093 |
| September 26, 2022 |
| US District Court for the District of Montana |
| Brian Morris |
| Rent Lease & Ejectment |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 35
NOTICE of Filing Exhibits 71-92 (Attachments: #1 Exhibit 72 - Deposition Excerpt of Steve Pollock re appeal withdrawal, #2 Exhibit 73 - Deposition Excerpt of Tracey Tatsey re appeal withdrawal, #3 Exhibit 74 - Deposition Excerpt of Steve Pollock re appeal withdrawal, #4 Exhibit 75 - Deposition Excerpt of Cliff Hall re appeal withdrawal, #5 Exhibit 76 - From Admin Record - Affidavit of Rebecca Rosenberger - Blackfeet Tribal Documents Dept Director, #6 Exhibit 77 - Deposition Excerpt of William Brooke re late payments - books a mess, #7 Exhibit 78 - BTBC meeting minutes of April 19, 2017, #8 Exhibit 79 - Deposition Excerpt of William Brooke - no approval for improvements, #9 Exhibit 80 - Blackfeet Nation Notice of Default April 26 2017, #10 Exhibit 81 - Deposition Excerpt of Dawn Gray re Tribe had no knowledge of 2008 cancellation, #11 Exhibit 82 - BIA Show Cause letter August 7 2017, #12 Exhibit 83 - Payment of Past Due Royalties without Interest, #13 Exhibit 84 - BIA Cancellation Decision October 17 2017, #14 Exhibit 85 - BIA RD overturning 2017 cancellation 4-4-19, #15 Exhibit 86 - IBIA Order accepting appeal - ordering admin record to be produced 9-27-19, #16 Exhibit 87 - Deposition Excerpt of Dawn Gray - Blackfeet notice of 2008 cancellation, #17 Exhibit 88 - Deposition Excerpt of Mark Magee re receiving BIA letters, #18 Exhibit 89 - Deposition Excerpt of Mark Magee re problems with Thedis Crowe, #19 Exhibit 90 - BTBC Resolution Removing Thedis Crowe from Blackfeet Agency, #20 Exhibit 91 - Blackfeet Nation demand letter to BIA re 2008 cancellation 6-18-2021, #21 Exhibit 92 - BIA RFAs - waiting for a determination from court on validity of lease) (Kline, Derek)
|
|
Filing 34
NOTICE of Filing Exhibits 47-70 (Attachments: #1 Exhibit 48 - Deposition Excerpt of William Brooke re received 2008 cancellation decision, #2 Exhibit 49 - Deposition Excerpt of William Brooke re 2008 cancellation decision not a show cause letter, #3 Exhibit 50 - Deposition Excerpt of Cliff Hall re 2008 cancellation decision not a show cause letter, #4 Exhibit 51 - Deposition Excerpt of Steve Pollock re 2008 cancellation decision process, #5 Exhibit 52 - Copy of June 16 2008 rent check without interest, #6 Exhibit 53 - Eagle Bear Notice of Appeal re 2008 cancellation decision, #7 Exhibit 54 - Eagle Bear RFA #24 check not sent on June 6, #8 Exhibit 55 - Deposition Excerpt of William Brooke re failed to notify Bank of appeal and lease cancellation, #9 Exhibit 56 - Deposition Excerpt of William Brooke re notice of appeal and late rental payments, #10 Exhibit 57 - Deposition Excerpt of William Brooke re notice of appeal and handwritten note, #11 Exhibit 58 - Deposition Excerpt of Dawn Gray re 2008 lease cancellation, #12 Exhibit 59 - From Admin Record - affidavit of Tim Davis, #13 Exhibit 60 - January 5 2009 Eagle Bear Inc. appeal withdrawal, #14 Exhibit 61 - Deposition Excerpt of William Brooke re no BIA letter overturning 2008 lease cancellation decision, #15 Exhibit 62 - Deposition Excerpt of William Brooke re return address on Jan 5 2009 envelope, #16 Exhibit 63 - Deposition Excerpt of William Brooke re no gross royalties paid in 2008, #17 Exhibit 64 - Deposition Excerpt of Steve Pollock re lease not current, #18 Exhibit 65 - Eagle Bear RFAs 41-44 re 2009 withdrawal letter, #19 Exhibit 66 - Deposition Excerpt of William Brooke re 2009 appeal withdrawal letter not a BIA letter, #20 Exhibit 67 - Eagle Bear RFAs re no document stating lease is reinstated, #21 Exhibit 68 - Eagle Bear RFA #49 re no correspondence from BIA overturning 2008 cancellation decision, #22 Exhibit 69 - Eagle Bear Interr. #10 re withdrawal of appeal, #23 Exhibit 70 - Deposition Excerpt of Tracey Tatsey re did not reach out to Brooke about lease issues) (Kline, Derek)
|
|
Filing 33
NOTICE of Filing Exhibits 21-46 re: #32 Statement of Undisputed Fact,,,,,,, (Attachments: #1 Exhibit 22 - BIA Show Cause Letter to Eagle Bear re 1999 rent, #2 Exhibit 23 - BIA Show Cause Letter re 2000 rent, #3 Exhibit 24 - BIA Show Cause Letter 2003 rent, #4 Exhibit 25 - BIA Show Cause Letter re 2004 rent, #5 Exhibit 26 - Deposition Excerpt of William Brooke re letter from BIA reminding lessee to pay on time with 2005 letter, #6 Exhibit 27 - BTBC Resolution authorizing leasehold interest for swimming pool, #7 Exhibit 28 - Independence Bank Mortgage of Leasehold Interest, #8 Exhibit 29 - BIA approval of leasehold mortgage interest, #9 Exhibit 30 - Deposition Excerpt of William Brooke re Eagle Bear did not advise Bank of delinquent lease status, #10 Exhibit 31 - Deposition Excerpt of William Brooke re failing to pay royalties in 2004 and 2006, #11 Exhibit 32 - Eagle Bear RFA #13 - admission that 2007 rent was delinquent, #12 Exhibit 33 - January 15 2008 BIA Show Cause Letter with envelope, #13 Exhibit 34 - Deposition Excerpt of William Brooke re envelope of January 25 2008 BIA letter, #14 Exhibit 35 - Deposition Excerpt of William Brooke re Eagle Bear Inc.'s addresses, #15 Exhibit 36 - Deposition Excerpt of William Brooke re forwarding mail, #16 Exhibit 37 - Deposition Excerpt of William Brooke re present at campground, #17 Exhibit 38 - Deposition Excerpt of Tracey Tatsey re BIA mailing practices, #18 Exhibit 39 - Deposition Excerpt of Steve Pollock re BIA mailing practices, #19 Exhibit 40 - Deposition Excerpt of Thedis Crowe re BIA mailing practices, #20 Exhibit 41 - March 27 2008 BIA Show Cause letter with envelope, #21 Exhibit 42 - Deposition Excerpt of William Brooke re Babb zip code, #22 Exhibit 43 - Deposition Excerpt of William Brooke re envelope of March 27 2008 BIA letter, #23 Exhibit 44 - Deposition Excerpt of Tracey Tatsey re envelope of March 27 2008 BIA letter, #24 Exhibit 45 - Deposition Excerpt of Thedis Crowe re notice from BIA mailing, #25 Exhibit 46 - April 4 2008 BIA Show Cause Letter in Bank files) (Kline, Derek)
|
|
Filing 32
Statement of Undisputed Fact re: #27 MOTION for Summary Judgment by Blackfeet Indian Nation filed by Blackfeet Indian Nation. (Attachments: #1 Affidavit Affidavit of Iliff Scott Kipp, #2 Affidavit Foundational Affidavit of Derek E. Kline, #3 Exhibit 1 - Deposition Excerpt of William Brooke re job history, #4 Exhibit 2 - Eagle Bear Inc. Articles of Incorporation, #5 Exhibit 3 - Letter from Brooke to Earl Old Person 1996, #6 Exhibit 4 - Deposition Excerpt of Will Brooke re former lawyer, #7 Exhibit 5 - Deposition Excerpt of William Brooke re special in govt contracts, #8 Exhibit 6 - Lease Agreement between Blackfeet Nation and Eagle Bear Inc., #9 Exhibit 7 - Deposition Excerpt of Tracey Tatsey re BIA duty, #10 Exhibit 8 - Deposition Excerpt of Steve Pollock re BIA duty, #11 Exhibit 9 - Deposition Excerpt of Thedis Crowe re BIA collect rents, #12 Exhibit 10 - Deposition Excerpt of Steve Pollock re BIA not a party, #13 Exhibit 11 - Deposition Excerpt of Thedis Crowe re BIA not a party, #14 Exhibit 12 - Deposition Excerpt of Dawn Gray re BIA administers the lease, #15 Exhibit 13 - Deposition Excerpt of Dawn Gray re Blackfeet Nation did not monitor lease, #16 Exhibit 14 - Deposition Excerpt of William Brooke re no issues with Tribe until 2017, #17 Exhibit 15 - Deposition Excerpt of William Brooke re Eagle Bear's Obligations under former Lease, #18 Exhibit 16 - Deposition Excerpt of William Brooke - rent due without notice or demand, #19 Exhibit 17 - Deposition Excerpt of Steve Pollock - interest due without notice or demand, #20 Exhibit 18 - Deposition Excerpt of Thedis Crowe re interest due without notice or demand, #21 Exhibit 19 - Deposition Excerpt of William Brooke re bond requirement, #22 Exhibit 20 - Deposition Excerpt of William Brooke - late payments and interest owed) (Kline, Derek)
|
|
Filing 31
NOTICE of Filing Exhibits 51-72 re: #29 Statement of Stipulated Facts, (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60, #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70, #21 Exhibit 71, #22 Exhibit 72) (Westesen, Neil)
|
|
Filing 30
NOTICE of Filing Exhibits 26-50 re: #29 Statement of Stipulated Facts, (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 44, #20 Exhibit 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48, #24 Exhibit 49, #25 Exhibit 50) (Westesen, Neil)
|
|
Filing 29
STATEMENT OF STIPULATED FACTS by 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, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit) (Westesen, Neil)
|
|
Filing 28
Brief/Memorandum in Support re #27 MOTION for Summary Judgment filed by Blackfeet Indian Nation. (Kline, Derek)
|
|
Filing 27
MOTION for Summary Judgment Derek Edwin Kline appearing for Defendant Blackfeet Indian Nation (Kline, Derek)
|
|
Filing 26
Statement of Undisputed Fact re: #24 MOTION for Summary Judgment by Bureau of Indian Affairs filed by Bureau of Indian Affairs. (Newman, John)
|
|
Filing 25
Brief/Memorandum in Support re #24 MOTION for Summary Judgment filed by Bureau of Indian Affairs. (Newman, John)
|
|
Filing 24
MOTION for Summary Judgment John M. Newman appearing for Defendant Bureau of Indian Affairs (Newman, John)
|
|
Filing 23
Brief/Memorandum in Support re #22 MOTION for Summary Judgment filed by Eagle Bear Inc.. (Westesen, Neil)
|
|
Filing 22
MOTION for Summary Judgment Neil G. Westesen appearing for Plaintiff Eagle Bear Inc. (Westesen, Neil)
|
|
Filing 21
REPLY to Response to Motion re #11 MOTION to Intervene filed by Independence Bank. (Attachments: #1 Affidavit Declaration of Chandra Moomey) (Jourdonnais, Jenny)
|
|
Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #11 MOTION to Intervene . Independence Bank shall file its Reply to its Motion to Intervene on Friday, November 18, 2022. Signed by Judge Brian Morris on 11/15/2022. (MMS)
|
|
Filing 19
Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Intervene Jenny M. Jourdonnais appearing for Interested Party Independence Bank (Attachments: #1 Text of Proposed Order Proposed Order) (Jourdonnais, Jenny)
|
|
Filing 18
RESPONSE to Motion re #11 MOTION to Intervene filed by Blackfeet Indian Nation. (Attachments: #1 Affidavit Foundational Affidavit of Derek E. Kline for Exhibits, #2 Exhibit 1 - Bank Memo on Credit File for Eagle Bear, #3 Exhibit 2 - Independence Bank's UCC Filings re Eagle Bear, #4 Exhibit 3 - Eagle Bear Inc. Bankruptcy Schedule D Excerpt, #5 Exhibit 4 - Eagle Bear Inc. Bankruptcy All Schedules Excerpt, #6 Exhibit 5 - BTBC Resolution approving leasehold mortgage for swimming pool, #7 Exhibit 6 - April 4, 2008 Show Cause Letter in Bank File, #8 Exhibit 7- BIA 2017 Lease Cancellation docs) (Kline, Derek)
|
|
Filing 17
TRANSCRIPT of Status Conference held on 10/17/2022 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 11/21/2022. Redacted Transcript Deadline set for 12/1/2022. Release of Transcript Restriction set for 1/30/2023. (YMH) Modified on 10/31/2022 to reflect correct status conference date (KAH).
|
|
Filing 16
Order: Settlement Conference is set for 11/29/2022 at 09:00 AM in Missoula, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 10/26/2022. (Copy e-mailed to Msla clerks) (MMS)
|
|
Filing 15
MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Scheduling Conference held on 10/26/2022. Settlement conference will be held on November 29, 2022 at 9:00 a.m. at the Federal Courthouse in Missoula, MT. (SLL)
|
|
Filing 14
ORDER REFERRING CASE to Magistrate Judge John Johnston. IT IS HEREBY ORDERED that this case is referred to United States Magistrate Judge John Johnston, pursuant to L.R. 72.2(b), for the purpose of conducting a settlement conference. Judge Johnston will conduct a telephonic scheduling call on October 26, 2022 at 11:00 a.m. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 10/24/2022. (ACC)
|
|
Filing 13
TRANSCRIPT ORDER FORM by Eagle Bear Inc. for proceedings held on 10/17/2022 before Judge Hon. Brian Morris. Court reporter Yvette Heinze. Type of transcript: 14-Day.. Transcript due by 11/7/2022. (Westesen, Neil)
|
|
Filing 12
Brief/Memorandum in Support re #11 MOTION to Intervene filed by Independence Bank. (Attachments: #1 Exhibit - Proposed Complaint, #2 Exhibit - B, #3 Exhibit - C) (ACC)
|
|
Filing 11
MOTION to Intervene Charles E. Hansberry, Jenny M. Jourdonnais appearing for Interested Party Independence Bank. (ACC) (Additional attachment(s) added on 10/21/2022: #1 Declaration of Chandra Moomey, #2 Corporate Disclosure Statement) (ACC).
|
|
Filing 10
SCHEDULING ORDER: Bench Trial set for 2/22/2023 at 09:00 AM in Great Falls, MT before Judge Brian Morris. Final Pretrial Conference set for 2/16/2023 at 01:30 PM before Judge Brian Morris. Motion Hearing set for 12/19/2022 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Motions due by 11/23/2022. Proposed Pretrial Order due by 1/23/2023. (See Order for Full Details) Signed by Judge Brian Morris on 10/17/2022. (TLO)
|
|
Filing 9
MINUTE ENTRYSTATUS CONFERENCE held 10/17/22 before Judge Brian Morris: Counsel for the Plaintiff Neil Westesen and Andy Patton present, client Susan Brooke present. Counsel for Blackfeet Indian Nation Joseph McKay and Derek Kline present, Counsel for Bureau of Indian Affairs John Newman present. Counsel for Independence Bank Jenny Jourdonnais and representative Shandra Moomey present.Court reviews history of case. Counsel Newman has filed their answer #7 on 10/11/22. Counsel answers questions from the Court. Court outlines what is anticipated and asks counsel to meet and agree on dates for depositions. If this can't be resolved through summary judgment in December and a trial is needed that can be set in February in order to give everyone time to get get all of the information and get a ruling before the season begins. Court hears from counsel Jourdonnais. Court directs counsel Jourdonnais to file a formal motion to intervene in this case. Court will set this for a motion hearing on December 19th at 1:30 p.m. in Great Falls. Motions for Summary Judgment and briefs are due on or before November 23rd replies are due on or before December 14th. Counsel Jourdonnais has until Friday, October 21st to file their Motion to Intervene. Bench Trial was set for February 23, 2023 in CV-21-88-GF-BMM, the Court will keep that day but will allow 3 days for this trial starting on February 22nd.(Hearing commenced at 11:06 a.m. and concluded at 11:54 a.m. ) (Court Reporter Yvette Heinze.) (Law Clerk: L. Love), (Hearing held in Great Falls) (MMS)
|
|
Filing 8
NOTICE of Appearance by Lynsey Ross on behalf of Bureau of Indian Affairs (Ross, Lynsey)
|
|
Filing 7
ANSWER to #4 Complaint by Bureau of Indian Affairs. (Newman, John)
|
|
Filing 6
Court Order dated 9/26/2022 USM 285 Return Executed on 9/26/2022. (TLO)
|
|
Filing 5
Blackfeet Indian Nation's ANSWER to #4 Complaint (Second Amended) by Blackfeet Indian Nation. (Kline, Derek)
|
|
Filing 4
SECOND AMENDED COMPLAINT (Bankruptcy Complaint) against Blackfeet Indian Nation, filed by Eagle Bear Inc. (MMS)
|
|
Filing 3
USM 285 Return Executed on 9/26/2022 - Court Order dated 9/26/22 served on USA. (SLR)
|
|
Filing 2
COMPLAINT against Defendant Blackfeet Indian Nation, filed by Eagle Bear Inc.. (Attachments: #1 Exhibit Lease, #2 Exhibit Complaint, #3 Exhibit Aug 7. Letter, #4 Exhibit Aug 17 Letter, #5 Exhibit Sept 7 Letter, #6 Exhibit Oct 17 Letter, #7 Exhibit Oct 19 Letter, #8 Exhibit Notice of Appeal from Sept 7, #9 Exhibit Notice of Appeal from Oct 17, #10 Exhibit Apr. 4 Decision, #11 Exhibit Blackfeet IBIA Brief, #12 Exhibit Denying Expedited Review, #13 Exhibit May 17th 3 Year Extension Decision, #14 Exhibit Motion to Dismiss for Mootness, #15 Exhibit Letters of Decision) (SLR)
|
|
Filing 1
ORDER: IT IS ORDERED THAT: The Blackfeet Nations Motion to Withdraw Reference (Doc. 68) is GRANTED (this is in CV-21-88-GF-BMM). The Clerk of Court shall open a companion case to this proceeding for the now-severed Claim 1 from the adversary proceeding, Eagle Bear, Inc. v. Blackfeet Indian Nation (AP 22-04001). The United States Marshal Service shall serve this Order on the BIA, by US Mail, the Office of the United States Attorney for the District of Montana and shall provide transmittal notice of this Order in the adversary proceeding, Eagle Bear, Inc. v. Blackfeet Indian Nation (AP 22-04001). The parties to the adversary proceeding, Eagle Bear, Inc. v. Blackfeet Indian Nation (AP 22-04001), including the BIA, shall appear for a status hearing at 11:00 a.m. on Monday, October 17, 2022. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 9/26/2022. (SLR) Modified on 9/26/2022 to reflect Order emailed to USM for service as directed in Order. (SLR).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Montana District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
