No. 18-970

Thomas Mitchell, et al. v. Tulalip Tribes of Washington

Lower Court: Ninth Circuit
Docketed: 2019-01-28
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: allotment declaratory-judgment jurisdictional-challenge non-indian-fee-land regulatory-authority sovereign-immunity treaty treaty-rights tribal-authority tribal-taxation
Key Terms:
Patent
Latest Conference: 2019-06-06 (distributed 2 times)
Question Presented (AI Summary)

Does sovereign immunity bar the federal courts' consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes' treaty with the United States?

Question Presented (OCR Extract)

QUESTION PRESENTED Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States? “i TABLES OF CONTENTS STATUTES AND TREATIES INVOLVED.1 JURISDICTIONAL STATEMENT . cece 5 REASONS FOR GRANTING THE PETITION. 8 A. Tribes Have No _ Sovereign Authority Over Non-Indian Fee Land. .c

Docket Entries

2019-06-10
Petition DENIED.
2019-05-23
Reply of petitioners Thomas Mitchell, et al. filed. (Distributed)
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-06
Brief of respondent Tulalip Tribes of Washington in opposition filed.
2019-03-21
Motion to extend the time to file a response from April 4, 2019 to May 6, 2019, submitted to The Clerk.
2019-03-21
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2019.
2019-03-21
Response to motion from petitioner Thomas Mitchell, et al. filed.
2019-03-21
Letter in response to petitioner’s March 21, 2019 letter received.
2019-03-21
Letter in response to respondent's March 21, 2019 letter from petitioner Thomas Mitchell, et al. received.
2019-03-05
Response Requested. (Due April 4, 2019)
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
Waiver of right of respondent Tulalip Tribes of Washington to respond filed.
2019-01-23
Petition for a writ of certiorari filed. (Response due February 27, 2019)

Attorneys

Thomas Mitchell, et al.
Catherine Wright SmithSmith Goodfriend, P.S., Petitioner
Catherine Wright SmithSmith Goodfriend, P.S., Petitioner
Tulalip Tribes of Washington
Ian Heath GershengornJenner & Block, Respondent
Ian Heath GershengornJenner & Block, Respondent