Federal Court Dismisses San Pasqual Band Membership Suits

Here are the materials in Alegre v. Zinke (S.D.Cal.):

20-1 Motion to Dismiss

28-1 Response

33 Reply

43 DCT Order

And here are the materials in the companion case Alegre v. United States (S.D. Cal.):

6 Motion for TRO

16-1 Motion to Dismiss

23 Response

25 Reply

29 DCT Order

Nooksack State Court Update: State Superior Court Stays Discovery, Enjoins Tribal Eviction

Here are updated pleadings in Rabang v. Gilliand (Whatcom County Superior Court):

5-25-17 Defendant Chief Judge Raymond Dodge’s Motion to Stay Discovery

5-26-17 Defendants’ Motion for Stay of Proceedings

6-2-17 Plaintiffs’ Joint Response to Defendants’ Motions for Stay

6-7-17 Defendant Chief Judge Raymond Dodge’s Reply in Support of Motion to Stay

6-7-17 Defendants’ Reply in Support of Motion to Stay

6-15-17 Order Granting Defendants’ Motions to Stay Discovery

State agency letter:

5-1-17 Washington State TANF Letter to Robert Kelly Jr

Federal Nooksack Update: USDC (RICO), IBIA, IHS, EPA

Here are additional materials in Rabang v. Kelly (W.D. Wash.):

66 – Defendant Chief Judge Raymond Dodge’s Motion for Summary Judgment and Memorandum in Support Thereof

71 – Plaintiffs’ Response to Defendant Dodge’s Motion for Summary Judgment

80 – Defendant Chief Judge Raymond Dodge’s Reply in Support of Motion for Summary Judgment

And additional materials:

IHS Reassumption EPA Drinking Water FAQs Nooksack Tribal Members

3 27 17 Letter from EPA to Robert Kelly Jr

5 26 17 IBIA Appellee IHS Status Report Motion to Lift Stay

6 9 17 Letter from IHS to Nooksack Tribal Members

Nooksack Kelly Faction Files Notice of Appeal in Rabang v. Kelly; IHS Reassumes Services “Effective Immediately”

Here is the notice of appeal:

Notice of Appeal

And the IHS letter:

May 16 Letter from IHS to Robert Kelly Jr

Transcripts of “Who Belongs? From Tribal Kinship to Native Nation Citizenship to Disenrollment”

Here:

Who Belongs Conference Day 1 AM

Who Belongs Conference Day 1 PM

Who Belongs Conference Day 2

Judge Dodge Protected by Judicial Immunity in Federal Nooksack Case, For Now

Download(PDF): Doc. 63 – Order Granting Defendant Dodge’s Motion to Dismiss

Link: Posted Documents and Materials, previous Nooksack posts

UPDATE (1217 EDT):

Briefs filed before order to dismiss:

Brief filed today:

Nooksack State Court Proceedings Stayed Pending Federal Litigation

Here are the materials in Rabang v. Gilliland (Wash. Super. — Whatcom County):

3-9-17 Defendant Chief Judge Raymond G Dodge’s Motion to Dismiss

3-24-17 Defendants’ Motion to Dismiss Pursuant to CR12(b)(1) and 12(b)(6) OCR

3-31-17 Reponse to Defendant Raymond Dodge’s Motion to Dismiss

4-3-17 Response to Defendants Gilliland Ashby and Garcia’s Motion to Dismiss

4-4-17 Defendants’ Reply in Support of Motion to Dismiss

4-5-17 Defendant Chief Judge Raymond G Dodge’s Reply in Support of Motion to Dismiss

4-7-17 Verbatim Report of Proceedings April 7, 2017

4-21-17 Court’s Order on Defendants’ Respective Motions to Dismiss Heard April 7, 2017

Nooksack Disenrollees’ RICO Action against Nooksack Holdover Council (in their individual capacities) to Proceed

Here are the materials in Rabang v. Kelly (W.D. Wash.):

ORDER

MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12(B)(6)

RESPONSE TO MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12

DEFENDANTS_ REPLY IN SUPPORT OF KELLY DEFENDANTS_ RULE 12(B)(1) AND 12(B)(6) MOTION TO DISMISS

PLAINTIFFS_ NOTICE OF SUPPLEMENTAL AUTHORITY

 

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials:

CA9 Order Denying Petition

En Banc Petition

Prior posts here.

Nooksack Crisis Update: IHS Reassumes Health Care Duties; NAICJA Acts against Tribal Judge; HUS Stops Evictions of Disenrollees

Here is “Federal government to take over health care from Nooksack Tribe.” And:

03-27-17 IHS Reasssumption Letter to Robert Kellly Jr

NAICJA has requested that the Nooksack judge relinquish his membership from that organization:

03-27-17 NAICJA Letter to Raymond Dodge

HUD informed the tribe to stop evicting disenrollees:

04-04-17 HUD Letter to Robert Kellly Jr