Update in Yakama v. Holder: Federal Court Orders US to Comply with Discovery Requests

An excerpt from the order:

[T]he waiver of sovereign immunity [under the APA] applies to all actions seeking non-monetary relief that are cognizable before the federal courts, including actions brought pursuant to the APA and other actions which provide their own private right of action.  Yakama seeks non-monetary relief in this case.  Accordingly, any claims by Yakama, whether brought independent of or through the APA, may not be barred by sovereign immunity (citations omitted).

 The Court agrees with Yakama’s argument that discovery as to the policies that govern the Federal Defendants’  actions with the Yakama, particularly with regard to notification and limitations on  actions while on tribal lands, and discovery as to the Federal Defendants’ decision  not to notify the Yakama before entering onto tribal lands, as well as discovery regarding the actual entry onto tribal lands is needed to establish whether the Court has jurisdiction.

Here are the new materials in Yakama Indian Nation v. Holder (E.D. Wash.):

ORDER ON MOTIONS TO STAY DISCOVERY AND MOTIONS FOR EXTENSION

Memorandum in Support of United States’ Motion to dismiss

Yakama Nation’s Memorandum in Opposition to Federal Motion to Dismiss

United States’ Memorandum in Support of Motion for Protective Order

Memorandum in Opposition to Motion for Protective Order

Reply on United States’ Motion for Protective Order

Here is the Nation’s amended complaint.