Ute Tribe Prevails in Tenth Circuit Immunity Decision on Third Party Subpoenas/Collateral Order Doctrine

Here are the materials in Bonnet v. Ute Indian Tribe:

CA10 Opinion

An excerpt:

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of the Tribe’s motion to quash based on tribal immunity.

And the briefs:

Ute Opening Brief

Bonnet Brief

Ute Reply

Lower court materials here.