Legal Documents

— Appellant Rincon Mushroom Corporation of America (RMCA) challenges the district court's dismissal of RMCA's Complaint for failure to exhaust tribal remedies. RMCA argues that exhaustion is not required in this case because the tribal court plainly lacks jurisdiction. We agree, and reverse the district court.
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— On-site sampling of soil and groundwater contamination ruling to allow Tribe to enter property for testing.
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— This is Judge Hayes' ruling after 2-1/2 months (hearing date 4/18/11) and no opportunity to present oral arguements.
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— Steve's Arrest Report
The charges against Steven were finally dropped after five months of wrangling with lawyers, ADA's, the sheriff's department, and the tribe because documentation the arresting officer listed in his report could not be produced for discovery!

On 10/30/10 Steven Rogers-Dial was in a dispute with Rincon Tribal Security. He allegedly cut a chain and removed a barricade to the disputed property. During the course of the incident he refused to obey a simple lawful order stating for him to stay near the front gate within close proximity of the deputies and their vehicles. Due to his refusal to stand in place he was subsequently arrested... he was later cited and released at the Valley Center Substation.
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— Reply to Opposition to Motion for Preliminary Injunction
The Court is respectfully urged to recognize the immediate, serious and irreparable injuries being suffered by the Plaintiffs while the Defendants/ enforcement of their Tribal Injunction continues. With certainty, should the Court not enjoin Defendants from their actions, the Rogers-Dial family will lose their home and business, and Automotive Specialists will be force out of business. Plaintiffs have no other adequate or speedy remedy, and the need for injunctive relief is urgent.
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— Opposition to Motion for Preliminary Injunction
The sole legal interests asserted by Plaintiffs are from alleged harm caused by breach of lease covenants between Plaintiffs and their lessor, Marvin Donius: the non-Indian fee simple owner of property located within the external boundaries of the Rincon Indian Reservation......
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— Brief as filed with 9th Circuit Court 1-18-11
"For the foregoing reasons and based upon the authorities above set forth, the District Court judgment should be reversed, to the extent and in the respects above indicated"
Attorney for Appellant, Rincon Mushroom Corporation of America
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— Declaration of Kevin Crawford, Fire Chief, Carlsbad Fire Department
"As of the date of my last site visit (June 5, 2010), there is on this property no clear and present fire hazards of any nature that could threaten or imperil neighboring properties, including the Rincon Casino and Resort and/or the Rincon Reservation and/or its members."
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Declaration of John Peterson, Hydrogeologist and Environmental Consultant.
"The examined record is devoid of any evidence evincing or indicating any groundwater contamination, actual or threatened, that could have any deleterious effect upon the Rincon Tribe's drinking water supply or otherwise injure any tribal member on the Rincon Reservation."
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Motion to Dismiss Complaint
"At least four years ago, and continuing to the present date, the Rincon Tribe ...and from time to time the Tribal defendants...have devised, and have attempted to implement and effectuate, a acquire...'on the cheap' [Plaintiff's] five-acre parcel."
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Internal EPA Report
January 2008 the Rincon (Tribal) Environmental Department requested USEPA assistance with site evaluation and in efforts to compel the property owner to proceed with any necessary cleanup actions.
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Complete EPA Report
EPA Emergency Response Section (ERS)
Superfund Technical Assessment and Response Team (START).
[These files are large so allow for longer load times]
1) QA Sampling Plans 1-1-08
2) Sampling Plan by Marc Boogay, Consulting Engineer 5-12-08
3) Laboratory Data Reporting Sheets START Samples Collected 7-29-08
4) Waste Manifests & Photodocumentation of Removal Operations 8-22-08