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39 ILR 1 (2012)

handle is hein.amindian/indlr0039 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 2012 Celebrating 39 Years of Service Volume 39, No. 1 Month in Brief UNITED STATES COURTS OF APPEALS DISTRICT OF COLUMBIA CIRCUIT Attorneys: Fees and Expenses The U.S. Court of Appeals for the District of Columbia Cir- cuit concludes that tribal intervenors merit a fee award in an action under the Clean Air Act, but refers a determination of the amount due to the Appellate Mediation Program. New Jer- sey, et al. v. Environmental Protection Agency, et al., Nos. 05- 1907, 05-1104, 05-1116, 05-1118, 05-1158, 05-1159, 05-1160, 05- 1162, 05-1163, 05-1164, 05-1167, 05-1174, 05-1175, 05-1176, 05-1183, 05-1189,05-1263,05-1267,05-1270,05-1271, 05-1275, 05- 1277, 06-1211, 06-1220, 06-1231, 06-1287, 06-1291, 06-1293, 06- 1294,39 Indian L. Rep. 2001 (D.C. Cir., Dec. 20,2011). SEVENTH CIRCUIT Attorneys: Fees and Expenses The U.S. Court of Appeals for the Seventh Circuit affirms the district court's decision denying defendants' motions for attor- neys fees. United States v. Pecore, et al., Nos. 10-2676 and 10- 3599,39 Indian L. Rep. 2005 (7th Cir., Dec. 30,2011). EIGHTH CIRCUIT Criminal Jurisdiction and Procedure: Sentencing; U.S. Sentencing Guidelines The U.S. Court of Appeals for the Eighth Circuit affirms appellants' sentences for second degree murder committed on the Red Lake Indian Reservation. United States v. Maxwell, et al., Nos. 11-1073 and 11-1074, 39 Indian L. Rep. 2009 (8th Cir., Dec. 22, 2011). UNITED STATES DISTRICT COURTS EASTERN DISTRICT OF CALIFORNIA Gaming: Indian Gaming Regulatory Act Taxation: Sources of; Federal The U.S. District Court for the Eastern District of California grants the plaintiffs ex parte application for a temporary restraining order and enjoins the defendant and its officers, agents, employees and persons acting in concert with them from distributing funds from plaintiffs Revenue Sharing Trust Fund account administered by the defendant. Alturas Indian Ranch- eria v. California Gambling Control Commission, No. CIV. S-11- 2070 LKK/EFB, 39 Indian L. Rep. 3001 (E.D. Cal., Aug. 10, 2011). Employment: Discrimination The U.S. District Court for the Eastern District of California concludes that the plaintiff has stated a cognizable claim of dis- crimination due to disparate treatment on the basis of age and has exhausted his administrative remedies to the extent possi- ble, and thus denies the defendant's motion to dismiss. Colmar v. Jackson Band of Miwuk Indians, No. CIV S-09-0742 DAD, 39 Indian L. Rep. 3002 (E.D. Cal., Mar. 31, 2011). Employment: Discrimination Sovereignty: Sovereign Immunity, Tribal The U.S. District Court for the Eastern District of California grants in part the defendant's motion for reconsideration, and grants the defendant's second motion to dismiss on grounds of tribal sovereign immunity in an age discrimination employment action. Colmar v. Jackson Band of Miwuk Indians, No. CIV S- 09-0742 DAD, 39 Indian L. Rep. 3006 (E.D. Cal., June 15, 2011). 39 ILR 1 Copyright © 2012 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154

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