Here are the relevant materials submitted in Ute Indian Tribe v. State of Utah (D. Utah):
271 Ute Motion to Dismiss Counterclaim
294 Duschene Cty Opposition to Motion to Dismiss
306 Ute Reply in Support of Motion to Dismiss
470 Duschene Cty Response to Motion for Summary J
481 DCT Order on Motion to Dismiss
The order:
At a hearing on January 10, 2013, with all parties present, this matter came before the Court on a Rule 12(b) motion filed by the Ute Indian Tribe of the Uintah and Ouray Reservation, Dkt. 271, to dismiss the counterclaims filed by Duchesne County, Dkt. 239. The Court, having considered the parties’ briefs and oral arguments, rules that Count 1 of the counter-complaint is dismissed with leave to Duchesne County to file an amended pleading within 20 days; the racketeering claims under Count 2 are dismissed for being facially deficient and failing to state a cause of action; and the Court denies the motion to dismiss the remaining claims under Counts 2 through 5 of the counterclaim.
My sense is that Judge Jenkins is waiting for the Tenth Circuit to decide other matters to make a decision on the tribe’s motion for summary judgment on Duchesne County’s counterclaim. That appeal involves the tribe’s claim that the state and counties are illegally prosecuting tribal members under state law.
In the motion for summary judgment, the tribe is arguing that Article III courts have no jurisdiction, or in the alternative the county must first exhaust tribal remedies.
Turtle Talk 