Federal Court Dismisses Effort to Enforce Multi-Million Dollar Tribal Court Judgment for Lack of Subject Matter Jurisdiction

Here are the materials in Brenner v. Bendigo (D. S.D.):

1-1 CRST Court Order

8 Bendigo Motion to Dismiss

9 Brenner Brief

10 Bendigo Response Brief

11 DCT Order

An excerpt:

This is an original garnishment action brought in federal court pursuant to a state statute to enforce a tribal court judgment. Doc. 6. An action for a writ of garnishment filed in federal district court as an independent action does not arise under federal law; it arises under state law. See Berry v. McLemore, 795 F.2d 452, 456 (5th Cir. 1986) (“First, subject matter jurisdiction as defined in 28 U.S.C. § 1331, does not exist, because an action for a writ ofgarnishment arises from state law, not federal law. “). Even when taking all the facts pleaded in the Affidavit as true, this action does not arise under federal law and federal question jurisdiction is not proper.