Nooksack Tribal Court

Update in Nooksack Disenrollment; Tribe’s Reconsideration Motion Denied

Matthew L.M. Fletcher

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

Belmont v. Kelly Defendants’ Motion for Reconsideration of Order Denying Preliminary Injunction Motion

Belmont v. Kelly Defendants’ Reply on Reconsideration

Belmont v. Kelly Order Denying Defendants’ Motion for Reconsideration

Belmont v. Kelly Plaintiffs’ Response to Motion for Reconsideration

Prior proceedings in this matter here.

Nooksack 306 Allowed to Vote in Elections While IBIA Review is Pending

Sarah M Donnelly1 Comment

Belmont v Kelly Defendants’ Motion for Preliminary Injunction

Belmont v Kelly Plaintiffs’ Response to Defendants’ Motion for Preliminary Injuction

Belmont v Kelly Defendants’ Reply on Motion for Preliminary Injunction

Belmont v Kelly Order Denying Defendants’ Motion for Preliminary Injuction

Link to decision coverage in The Bellingham Herald here.

Nooksack Tribal Court has upheld the voting rights of over 300 Nooksack members facing disenrollment over a controversial ordinance passed in 2014.  While the federal review of that ordinance drags along, the Tribe requested that contested members be prevented from voting in Tribal elections.

Judge Susan Alexander wrote that the marked members were allowed to vote in 2014 when their enrollment was in doubt, but now the Tribe has unilaterally changed their minds to protect open seats in this year’s general election.

New Complaint in Nooksack Disenrollment Saga

Matthew L.M. Fletcher

Here:

Belmont v Kelly II Complaint

Nooksack Tribe Countersues Proposed Disenrollees on Voting Rights

Matthew L.M. Fletcher

Here is the pleading from Belmont v. Roberts (Nooksack Tribal Court):

Def Answer and Countrclm to Pl Complaint

Written Order Enjoining Nooksack Disenrollments

Matthew L.M. Fletcher

Here:

Order

Materials are here.

Nooksack Disenrollments Enjoined

Matthew L.M. Fletcher1 Comment

Here is a news article noting that Judge Doucet ruled from the bench.

An excerpt:

In a hearing Monday afternoon, Feb. 23, Nooksack Tribal Court Judge pro tem Randy Doucet held with the court’s previous rulings: Until tribal council has final word from the Secretary of the Department of the Interior, they may not disenroll anyone, said lawyers for the affected members. A reporter was not allowed in the courtroom as only five people for each side were admitted.

Briefs:

2-10-15 Plaintiffs’ Emergency Motion To Enforce Injuction Orders

2-10-15 Plaintiffs’ Response in Opposition To Defendants Notice of Compliance

2-19-15 Defendants’ Response in Opposition to Plaintiffs’ Emergency Motion to Enforce Injunction Orders

2-20-15 Reply Re Plaintiffs’ Emergency Motion to Enforce Injunction Orders

Nooksack Tribe Gears Up for Reinstituting Disenrollment Proceedings

Matthew L.M. Fletcher

Here are the materials:

2013 – CI-CL-003 (ROBERTS) Notice of Compliance

2014-CI-CL-007 (BELMONT) Notice of Compliance

Nooksack COA Issues Opinion in Lomeli v. Kelly Contempt Appeal

Matthew L.M. Fletcher

Here:

Lomeli v Kelly COA Opening Brief re Contempt of Court

Lomeli v Kelly COA Contempt Response Brief of Appellees

Lomeli v Kelly COA Contempt Reply Brief re Contempt of Court

Lomeli v Kelly COA Opinion re Contempt

Lower court order here.

Nooksack Tribal Court Dismisses St. Germain v. Kelly

Matthew L.M. Fletcher

Here:

St Germain v. Kelly Defendants’ Motion to Dismiss and Brief in Support of Motion To Dismiss

St Germain v Kelly Brief in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Defendants’ Response in Opposition to Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Plaintiffs’ Reply re Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Defendants’ Reply to Plaintiffs’ Brief in Opposition to Dimiss Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Order Granting Defendant’s Motion to Dismiss and Denying Plaintiffs’ Motion for Summary Judgment

The court previously had issued a TRO favoring plaintiffs in this matter.

Nooksack Tribal Dismisses Adams v. Kelly II

Matthew L.M. Fletcher

Here:

Adams v Kelly II Plaintiffs’ Amended Response in Opposition to Defendants’ Motion To Dismiss

Adams v Kelly II Amended Response in Opposition to Defendants’ Motion To Dismiss

Adams v Kelly II Defendants’ Reply to Plaintiffs’ Response in Opposition to Motion to Dismiss

Adams v Kelly II Order Granting Defendants’ Motion to Dismiss