Rabang v. Kelly

Nooksack Update [Updated 2/17/20]

Matthew L.M. Fletcher

Here is “A woman took a stand against tribal disenrollment and paid for it” in High Country News.

Updates in pending litigation….

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

Doucette v. Bernhardt 45. 1-29-20 Rule 62.1 Motion for Indicative Ruling on Plaintiffs’ Rule 60(b) and 15(a)(2) Motions

Doucette v. Bernhardt 46-1. 1-29-20 Exhibit A

Doucette v. Bernhardt 46-2. 1-29-20 Exhibit B

Doucette v. Bernhardt 46-3. 1-29-20 Exhibit C

Doucette v. Bernhardt 46-4. 1-29-20 Exhibit D

Doucette v. Bernhardt Ninth Circuit 8. 1-29-20 Notice of Rule 62.1 Motion for Indicative Ruling on Plaintiffs’ Rule 60(b) and 15(a)(2) Motions

Rabang v. Kelly (W.D. Wash.):

Rabang v. Kelly 175. 1-29-20 Notice of Rule 62.1 Motion for Indicative Ruling on Plaintiffs’ Rule 60(b) and 15(a)(2) Motions

Rabang v. Kelly Ninth Circuit 42. 1-29-20 Notice of Rule 62.1 Motion for Indicative Ruling on Plaintiffs’ Rule 60(b) and 15(a)(2) Motions

UPDATE:

Tribe Response to Motion

U.S. Response

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

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

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

Update in Rabang v. Kelly

Matthew L.M. Fletcher

Here are new docs:

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

4-11-18 Rabang v. Kelly (9th Cir.) Kelly Appellants’ Motion For Voluntary Dismissal Of Appeal

4-11-18 Rabang v. Kelly (9th Cir.) Notice of District Court Decision Denying Appellants’ Motion For Indicative Ruling

4-11-18 Rabang v. Kelly (W.D. Wash.) Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

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