News Preview of Nooksack Election; Disenrollments Hang in Balance

Here.

And here.

Nooksack Update — Open Letter to BIA and BIA Response (to a different letter)

Here is the open letter in the ICT.

And here is the BIA’s response to a prior, official letter:

BIA response letter

Nooksack COA Stays Nooksack Disenrollments

Here are the orders in Lomeli v. Kelly and Roberts v. Kelly:

Order Requiring Supplemental Briefing – Roberts v Kelly

Order on Supplemental Appeal – Lomeli v Kelly

Details of Nooksack’s 800 Disenrollment Hotline

Here, posted as Disenrollment At Nooksack Via 1-800 Number, With “No Questions Asked.”

Nooksack COA Stays Enrollments

Here are the materials in Lomeli v. Kelly (Nooksack Ct. App.) and Roberts v. Kelly (Nooksack COA):

Roberts v Kelly Order on Motion for Permission to File Interloctory Appeal

Lomeli v Kelly Order Extending Stay

Roberts v Kelly Notice and Emergency Motion for Permission to Appeal Interlocutory Order And Aceptance of Appeal

Seattle Times Coverage of Nooksack Disenrollments

Here.

Excerpt:

The federal government has been hesitant to get involved in tribal internal affairs, according to Robert Anderson, director of the Native American Law Center at the University of Washington and an enrolled member of the Minnesota Chippewa Tribe. A group of Snoqualmie members experienced a rare legal victory in 2009 when a federal court judge overturned their banishment and disenrollment.

Disenrollment decisions are not only about membership, but also about belonging, Raquel Montoya-Lewis, chief judge of the Nooksack Tribal Court, wrote in a court decision.

“Cultural and tribal identity lay at the heart of how we know ourselves. … Belonging to a tribe gives tribal members a sense of home, of connection to a community, whether one lives there or not,” Montoya-Lewis wrote.

Nooksack Petition for Review in Sovereign Immunity Appeal

Here are the materials in the petition stage of Outsource Services Management LLC v. Nooksack Business Corp.:

Nooksack Petition for Review + Appendix

Answer to Petition for Review

Lower court materials here.

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.

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

 

Washington COA Holds State Courts Have Subject Matter Jurisdiction over Tribal Corporation

Here is the opinion in Outsource Services Management v. Nooksack Business Corporation:

Wash COA Opinion

And the briefs:

Outsource Services Management, Respondent v. Nooksack Business Corporation, Appellant
Case Number – 67050-6
Hearing Date – 09/20/2012