Update on Timbisha Leadership Dispute

Previous materials in this case (Timbisha v. Kennedy, E.D. Cal.) are here.

It looks like the plaintiffs, having had their motion to dismiss denied in February, and are now asking the court to remand the case back to California state court.

More recent materials:

DCT Order on Timbisha Motion to Dismiss

Timbisha Motion to Remand

Court Declines to Issue Injunction in Timbisha Band Leadership Dispute

Here is the opinion in the case styled Timbisha Shoshone Tribe v. Kennedy (E.D. Cal.) — Timbisha DCT Order

An excerpt:

Plaintiffs have failed to make a “clear showing” that they are likely to succeed on the merits of their claims. Defendants have raised multiple jurisdictional challenges that may bar Plaintiffs’ action. Moreover, Plaintiffs wholly ignore Defendants’ challenges to the merits of their causes of action. Although Plaintiffs establish that they are suffering harm, this Court is uncertain that Plaintiffs have standing to redress their harm through this action without interjecting itself into the internal affairs of the Tribe. In addition, Defendants have also established that they are suffering harm as a result of Defendants actions. Plaintiffs seek a preliminary injunction that go beyond preserving the status quo to require Defendants to relinquish governing authority of the Tribe, something they believe they rightfully hold. Based on the uncertainty of the BIA decisions, the Tribe’s right to self determination and self-governments, and Plaintiffs’ failure to address the merits of their claims, this Court denies Plaintiffs’ motion for a preliminary injunction.

Federal Court Declines to Issue Injunction in Timbisha Leadership Dispute

Here is the opinion in Timbisha Shoshone Tribe v. Kennedy (E.D. Cal.) — Timbisha Shoshone v Kennedy DCT Order

And the briefs:

Plaintiff Motion for PI

Kennedy Opposition to PI

Plaintiff Reply