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BONNET v. HARVEST (U.S.) HOLDINGS, INC.

No. 12-4068.

741 F.3d 1155 (2014)

Robert C. BONNET, an individual; Bobby Bonnet Land Services, a sole proprietorship, Plaintiffs/Counterclaim-Defendants-Appellees, v. HARVEST (U.S.) HOLDINGS, INC., a Delaware corporation; Branta Exploration & Production, LLC, a Delaware limited liability company; Elton Blackhair, an individual, Defendants/Counterclaim-Plaintiffs, and Ute Energy LLC, a Delaware limited company; Cameron Cuch, an individual, Defendants. Ute Indian Tribe of the Uintah and Ouray Reservation, Non-Party Movant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 28, 2014.

Attorney(s) appearing for the Case

Frances C. Bassett ( Thomas W. Fredericks , Jeremy J. Patterson , and Thomas McReynolds with her on the brief), Fredericks Peebles & Morgan LLP, Louisville, CO, for Non-Party Movant-Appellant.

Zachary E. Peterson (argued) ( Lynn S. Davies and Rafael A. Seminario on the brief), Richards Brandt Miller Nelson , Salt Lake City, UT, for Plaintiffs-Appellees.

Before GORSUCH, BALDOCK, and BACHARACH, Circuit Judges.

BALDOCK, Circuit Judge.

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...

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