Here are the materials in Yakama Indian Nation v. Holder (E.D. Wash.):
Federal Defendants Memorandum in Support of Motion for Reconsideration
Yakama Nation’s Memorandum in Opposition to Motion for Reconsideration
Federal Defendants Reply on Motion for Reconsideration
Order Denying US Motion for Reconsideration
Here are the earlier materials on the federal motion for a protective order.
Here are the materials in Tonasket v. Sargent (W.D. Wash.):
Here are the materials in Desautel v. Dupris (E.D. Wash.):
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.
Here:
Yakama v. Holder Filed Second Amended Complaint.
Apparently, the FBI’s raid on the Yakama reservation included law enforcement units from local counties and, remarkably, from jurisdictions in Mississippi and Virginia.
Here: FILED FIRST AMENDED COMPLAINT – YAKAMA v HOLDER
The original complaint is here.
Intriguing case, here is the complaint:
Here are some of the materials in Colville Confederated Tribes v. Anderson (E.D. Wash.) (not all of the state briefs were available):
Here are the updated materials in Yakama Indian Nation v. USDA (E.D. Wash.):
US Opposition to Motion for TRO and Preliminary Injunction
Yakama Reply in Support of Motion for TRO and Preliminary Inj
Second Declaration of Rebecca Bech
Yakama Preliminary Injunction Order
Earlier materials on the TRO are here.
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