Most Claims Dismissed in Quapaw Tribe v. US Trust Breach Action

Here are the materials in Quapaw Tribe v. United States (Fed. Cl.):

DCT Order

US Motion to Dismiss

Quapaw Response

US Reply

An excerpt:

Plaintiff, the Quapaw Tribe of Oklahoma, is a federally recognized Indian nation. The Quapaw Tribe commenced this action on September 11, 2012 by filing a complaint for money damages arising from Defendant’s alleged breach of fiduciary and trust obligations owed to the Quapaw Tribe. The complaint contains three causes of action.

On November 13, 2012, Defendant filed a motion for partial dismissal of the complaint, asserting that the Court lacks subject matter jurisdiction or that Plaintiff had failed to state claims upon which relief can be granted. In the alternative, Defendant requested that the Court order Plaintiff to file a more definite statement of its claims. Defendant excepted from its motion Plaintiff’s claims for annuity payments under the Treaty of 1833 and leasing claims for the Quapaw Industrial Park. Plaintiff filed an opposition to Defendant’s motion on December 28, 2012, and Defendant filed a reply on January 11, 2013. The Court heard oral argument on June 4, 2013.

Under Rule 8 of the Court of Federal Claims (“RCFC”), a pleading must include “a short and plain statement” of the basis for jurisdiction and the plaintiff’s claims, as well as a demand for the relief sought. For the reasons explained below, Plaintiff’s complaint generally meets the notice pleading requirements of Rule 8, and therefore, Defendant’s motion for a more definite statement is denied. However, the Court grants Defendant’s motion to dismiss Plaintiff’s second and third causes of action, as they are barred by the statute of limitations.

This entry was posted in Author: Matthew L.M. Fletcher, Research, trust relationship and tagged , , . Bookmark the permalink.

3 Responses to Most Claims Dismissed in Quapaw Tribe v. US Trust Breach Action

  1. Pingback: Most Claims Dismissed in Quapaw Tribe v. US Trust Breach Action | Turtle Talk | Round House Talk

  2. Pingback: Quapaw Partially Prevails in Dispute over Undistributed Indian Claims Commission Judgment Funds | Turtle Talk

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