Here is the opinion in the case styled Timbisha Shoshone Tribe v. Kennedy (E.D. Cal.) — Timbisha DCT Order
Plaintiffs have failed to make a “clear showing” that they are likely to succeed on the merits of their claims. Defendants have raised multiple jurisdictional challenges that may bar Plaintiffs’ action. Moreover, Plaintiffs wholly ignore Defendants’ challenges to the merits of their causes of action. Although Plaintiffs establish that they are suffering harm, this Court is uncertain that Plaintiffs have standing to redress their harm through this action without interjecting itself into the internal affairs of the Tribe. In addition, Defendants have also established that they are suffering harm as a result of Defendants actions. Plaintiffs seek a preliminary injunction that go beyond preserving the status quo to require Defendants to relinquish governing authority of the Tribe, something they believe they rightfully hold. Based on the uncertainty of the BIA decisions, the Tribe’s right to self determination and self-governments, and Plaintiffs’ failure to address the merits of their claims, this Court denies Plaintiffs’ motion for a preliminary injunction.