Nooksack Indian Tribe

Nooksack Update: Rabang v. Kelly II (9th Cir.); Doucette v. Bernhardt (W.D. Wash))

Matthew L.M. Fletcher

District court materials (prior post here):

28 Doucette v. Bernhardt 3-7-19 Plaintiffs’ Motion for Summary Judgment

32 Doucette v. Bernhardt 4-18-19 Defendants’ Consolidated Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment and in Support of Defendants’ Cross-Motion for Summary Judgment

33 Doucette v. Bernhardt 5-10-19 Plaintiffs’ Consolidated Reply in Support of Motion for Summary Judgment and in Opposition to Defendants’ Cross-Motion for Summary Judgment

34 Doucette v. Bernhardt 5-31-19 Reply re Defendants’ Cross-Motion for Summary Judgment

Ninth Circuit materials:

35 Rabang v. Kelly II 6-13-19 Stay Order

Federal Court Refuses to Dismiss APA Suit Re: Nooksack Special Council Election

Matthew L.M. Fletcher

Here are the materials from Doucette v. Zinke (W.D. Wash.):

9. 9-7-18 notice of motion and interior defedendants’ motion to dismiss; memorandum of points and authorites in support thereof

11. 10-1-18 plaintiffs’ response to interior defendants’ motion to dismiss

13. 10-5-18 reply memorandum re interior defendants’ motion to dismiss

15. 12-21-18 minute order denying interior defendants’ motion to dismiss

18. 1-3-19 first amended complaint for equitable relief

Ninth Circuit Briefs in Rabang v. Kelly II

Matthew L.M. Fletcher

Here:

6. Opening Brief of Plaintiffs-Appellants

11. Appellee Chief Judge Ray Dodge’s Answering Brief

13. Answering Brief of Kelly Defendants-Appellants

21. Reply

Case tag here.

Nooksack Update: Disenrollees File 9th Circuit Appeal; State Superior Court Further Stays Eviction

Matthew L.M. Fletcher

Plaintiffs filed a notice of appeal from the District Court’s dismissal of their civil RICO action to the Ninth Circuit Court of Appeals, in Rabang v. Kelly (Rabang II). Pending that appeal, the Whatcom County Superior Court further stayed a Nooksack Tribal Court housing eviction proceeding.

Here:

7-31-18 Defendant Chief Judge Raymond G Dodge Jr’s Notice of Decision

8-23-18 Declaration of Rachel Saimons in Support of Defendant Dodge’s Motion to Re-Note Motion to Dismiss

8-23-18 Defendant Chief Judge Raymond G Dodge Jr’s Motion to Re-Note Motion to Dismiss

8-23-18 Defendants’ Renewed Motion to Dismiss

8-31-18 Declaration of Gabriel Galanda In Support of Plaintiffs’ Response In Opposition to Defendants’ Renewed Motions to Dismiss

8-31-18 Plaintiffs’ Response In Opposition to Defendants’ Renewed Motions to Dismiss

9-10-18 Order Granting Stipulated Motion to Stay Proceedings Pending Decision by the Ninth Circuit Court of Appeals

168 8-24-18 Plaintiffs’ Notice of Appeal

Rabang v. Kelly Dismissed for Lack of Jurisdiction Post-Election

Neoshia Roemer

The Western District of Washington recently dismissed Rabang v. Kelly, the case about disenrollment within the Nooksack Tribe, for lack of jurisdiction. Please see the relevant documents below.

156 6-7-18 Minute Order re Show Cause

159 6-29-18 Plaintiffs’ Brief re Show Cause Order

160-1 6-29-18 Exhibit A Letter from PDAS John Tahsuda to Roswell Cline

160-2 6-29-18 Exhibit B Letter from WSBA re Connie Sue Martin

161 7-3-18 Response of Kelly Defendants to Order to Show Cause re Dismissal for Lack of Subject Matter Jurisdiction

164 7-13-18 Defendant Chief Judge Raymond G Dodge Jr’s Response to Order to Show Cause

166 7-31-18 Order

Nooksack: Three New Disenrollment-Related Lawsuits

Matthew L.M. Fletcher1 Comment

Doucette v. Zinke (W.D. Wash):

complaint

Belmont v. BIA Acting Northwest Regional Director (IBIA):
Tageant v. Smith (Wash. Sup. Ct.):

Ninth Circuit Dismisses Rabang v. Kelly; Awards Disenrollee Plaintiffs Fees & Costs

Matthew L.M. Fletcher

Here:

37 4-19-18 Appellees’ Response to Appellants’ Motion for Voluntary Dismissal of Appeal

38 4-26-18 Appellants’ Reply Supporting Motion for Voluntary Dismissal of Appeal

39 5-18-18 Order

Nooksack Interim Council Ratifies Past Acts

Matthew L.M. Fletcher

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

3-15-18 Nooksack Tribal Council Resolution No. 18-15 Ratication of Appointment of Chief Judge Ray Dodge

3-15-18 Nooksack Tribal Council Resolution No. 18-16 Ratication of Appointment of Milt Rowland Foster Pepper

3-15-18 Nooksack Tribal Council Resolution No. 18-18 Ratication of Resolutions Adopted Since March 24 2016

152 3-30-18 Declaration of Connie Sue Martin in Support of Motion for Indicative Ruling

Update in Nooksack RICO Suit

Matthew L.M. Fletcher

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

03-20-18 Letter From Bob Kelly and Notice of Involuntary Disenrollement

144 3-15-18 Kelly Defendants’ Motion for Indicative Ruling Regarding Dismissal

146 3-15-18 Defendant Chief Judge Ray Dodge’s Notice of Joinder of Kelly Defendants’ Motion for Indicative Ruling

147 3-26-18 Plaintiffs’ Response in Opposition to Defendants’ Motion for Indicative Ruling Regarding Dismissal

UPDATE (4/11/18) — motion denied

4-11-18 Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

Ninth Circuit Oral Argument Video in Rabang v. Kelly [Nooksack]

Matthew L.M. Fletcher

Here.

Briefs here.