Nooksack COA Stays Disenrollment Proceedings Pending Appeal

Here is the news coverage.

And the materials in Lomeli v. Kelly (Nooksack Tribal Ct. App.):

Emergency Motion for Stay of Tribal Court Judgment

Order Granting Appellate Review and Staying Proceedings

And a new suit in tribal court, with a sitting council member as lead plaintiff, Roberts v. Kelly (Nooksack Tribal Ct.):

Roberts v. Kelly Complaint w Appendices

Prior posts here, here, here, here, here, and here.

Update in Nooksack Disenrollment Matter — Second Amended Complaint Dismissed

Here are additional materials in Lomeli v. Kelly (Nooksack Tribal Court):

Kelly Defendants’ Motion to Dismiss

Nooksack Plaintiffs’ Response in Opposition to Defendants’ Motion to Dismiss

Kelly Defendants’ Reply on Motion to Dismiss

Order Granting Defendants’ Motion to Dismiss Second Amended Complaint 8-6-2013

An excerpt:

As Assistant Secretary of Indian Affairs Kevin Washburn wrote recently, “in the exercise of sovereignty and self-governance, tribes have the right, like other governments, to make good decisions, bad decisions, and decisions with which others may not agree.” Aguayo, page 1. The Tribal Council members named in this Complaint hold an obligation to act in the best interests of the Nooksack Indian Tribe. Membership and enrollment decisions impact individual lives in the deepest possible ways and those decisions cannot be taken lightly. This Court recognizes the serious implications of this case and its decision on this motion and all the others that have preceded it. It is the solemn obligation of this Court to follow the law of the Nooksack Indian Tribe and it is the obligation of the Tribal Council to do the same.

Additional Tribal Court Materials in Nooksack Tribal Disenrollment Case — Second Emergency Motion for TRO

Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Ct.):

Second Emergency Motion for Temporary Restraining Order

Defendants’ Response in Opposition to Second Emer Motion for TRO

Reply in Support of Second Emergency Motion for TRO

Tribal Court Order Denying Second TRO Motion re Election

Tribal Court Order Denying Second TRO Re General Special Meetings

Prior posts here, here, here, and here.

Another Nooksack Membership Update

Additional materials in Lomeli v. Kelly (Nooksack Tribal Court):

Order Denying Motion for Stay

Emergency Motion for Stay Pending Appeal

Defendants Response to Plaintiffs Emergency Motion for Stay Pending Appeal

Update in Nooksack Membership Dispute

News coverage here. Previous post on the recent tribal court litigation. And an update on tribal court filings:

Second Declaration of Gabriel S. Galanda

And a federal complaint alleging FOIA violations by the Bureau of Indian Affairs — St. Germain v. Dept. of Interior (W.D. Wash.):

St Germain v Interior Complaint

 

Tribal Court Denies Injunction in Nooksack Disenrollee Challenge

Here are the materials available in Lomeli v. Kelly (Nooksack Tribal Court):

Order Denying Motion for Preliminary Injunction

Defendants Response Brief in Opposition to Plaintiffs Emergency Motion for T

Reply in Support of Plaintiffs Emergency Motion for TRO

Is Nooksack Attempting to Disenroll Filipino Descendants?

Here.

ETA: As pointed out on our Facebook page, here’s the LA Times article linked to in that article with additional background. Thanks to T.S.

Tribal Court Suit to Prevent 306 Nooksack Tribal Membership Disenrollments

Here:

Complaint (with a list of the 306 proposed disenrollees)

Motion for Temporary Restraining Order

Declaration of Nooksack Elder Sonia Lomeli (with Exhibits)

Declaration of Noosack Elder Norma Aldredge (with Exhibits)

Declaration of Tribal Council Secretary Rudy St. Germain (with Exhibits)

Declaration of Tribal Member RaeAnne Rabang

Declaration of Tribal Fisherman Terry St. Germain (with Exhibits)

Declaration of Gabriel S. Galanda (with Exhibits)