Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal, LLP

Good Law
230 F. Supp. 3d 1146·2017 WL 467839·2017 U.S. Dist. LEXIS 15829
United States District Court, Northern District of CaliforniaFebruary 2, 2017No. C 16-03081 WHACalifornia3,897 words

Opinion

lead Opinion

Alsup, J.

ORDER RE MOTION FOR ATTORNEY’S FEES

INTRODUCTION

Following dismissal of the complaint and judgment in their favor, defendants in this RICO action move for an award of attorney’s fees. The motion is Granted in part and Denied in part.

STATEMENT

Following a disputed election in the Elem Indian Colony (the “Tribe”) in November 2014, both the Garcia faction and *1149 the Brown faction of the Tribe claimed to be its duly elected executive committee. In 2015, members of the Brown faction and their counsel wrote letters to banks and government agencies asking them to freeze Tribe funds until the Bureau of Indian Affairs could resolve the dispute.

According to defendants, in 2016—while the dispute over the election was still ongoing—the Garcia faction purported to disenroll from the Tribe dozens of members sympathetic to the Brown faction. In response, certain members of the Tribe petitioned this Court for writ of habeas corpus. That related matter is pending before the undersigned.

Plaintiff in this action then sued members of the Brown faction, their counsel, and other individuals, asserting claims for (1) tortious interference with contract, (2) fraud and deceit, (3) violations…

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