Rule 19 – Page 15 – Turtle Talk

For the reasons discussed below, this Court concludes that the Assistant Secretary erred when he assumed that the Tribe’s membership is limited to five individuals and further assumed that the Tribe is governed by a duly constituted tribal council, thereby ignoring multiple administrative and court decisions that express concern about the nature of the Tribe’s governance. Therefore, the Court will grant Plaintiffs’ motion for summary judgment in so far as it seeks remand of the August 2011 Decision and deny the Federal Defendants’ cross motion for summary judgment.

Prior posts are here, here, and here.

Timbisha Shoshone BIA Election Dispute Materials in IBIA — Updated 10/29/13

October 28, 2013October 29, 2013Matthew L.M. Fletcher1 Comment

Here, from the Indian Law Resource Center:

Notice of Appeal – Superintendent Decision regarding Secretarial Election
Notice of Appeal – Regional Director Decision regarding Secretarial Election

application/pdf icon Appeal of Superintendent Decision with Appendix
Notice of Appeal – Regional Director Decision with Appendix

And here also:

Susan Masten ILRC

UPDATE — still more materials:

2013-10-24 – Objection To List Of Eligible Voters For Timbisha Shoshone Tribe Secretarial Election Scheduled For November 4, 2013(81311642_1)(81323482_1)

2013-10-25 – Further Objection To List Of Eligible Voters For Timbisha Shoshone Tribe Secretarial Election Scheduled For November 4, 2013(81317063_1)(81323437_1)

Earlier federal court materials here.

Ninth Circuit Briefs in Challenge to Repatriation of “La Jolla Skeletons” to Kumeyaay Cultural Repatriation Committee

September 13, 2013Matthew L.M. Fletcher1 Comment

Here are the briefs in White v. University of California:

White Opening Brief

Kumeyaay Cultural Repatriation Committee Answer Brief

University Answer Brief

White Reply

Lower court materials are here.

Tenth Circuit Abates Oklahoma v. Hobia until Supreme Court Decides Michigan v. Bay Mills — Updated

September 6, 2013September 11, 2013Matthew L.M. Fletcher2 Comments

Here:

2013.09.05 – Order Abating

UPDATE (9/11/13) — Supplemental Briefs are here:

Kialegee Supplemental Brief

Oklahoma Supplemental Brief

Briefs are here.

Lower court materials here.

Update in California Valley Miwok Tribe v. Salazar — Updated 9/27/13

September 6, 2013September 27, 2013Matthew L.M. Fletcher2 Comments

The court has issued an opinion in California Valley Miwok Tribe v. Salazar (D. D.C.):

DCT Order

From the order:

This matter is before the Court on Intervenor-Defendant’s motion to dismiss for lack of subject-matter jurisdiction, Fed. R. Civ. P. 12(b)(1), and for failure to state a claim, Fed. R. Civ. P. 12(b)(6). See Motion to Dismiss Plaintiffs’ First Amended Complaint for Declaratory and Injunctive Relief (“Mot.”), Dkt. No. 58, at 2 (Mar. 26, 2012). Intervenor-Defendant also argues that it is a required party but that its joinder is precluded by sovereign immunity, id. at 21; for clarity the Court will construe this argument as a motion to join a required party under Federal Rule of Civil Procedure 19(a)(2). Because the Court agrees that Intervenor-Defendant is a required party but not that its joinder is precluded by sovereign immunity, the motion to join a required party is GRANTED. Because the Court finds Intervenor-Defendant’s remaining arguments to be largely — but not entirely — without merit, the motion to dismiss is GRANTED in part and DENIED in part.

Materials are here.

Update — additional materials:

2013 09 20 Motion for Reconsideration

2013 09 20 Motion for Stay Pending Reconsideration

DCT Order Denying Stay