Western District of Washington

Federal Nooksack Update: USDC (RICO), IBIA, IHS, EPA

Matthew L.M. Fletcher

Here are additional materials in Rabang v. Kelly (W.D. Wash.):

66 – Defendant Chief Judge Raymond Dodge’s Motion for Summary Judgment and Memorandum in Support Thereof

71 – Plaintiffs’ Response to Defendant Dodge’s Motion for Summary Judgment

80 – Defendant Chief Judge Raymond Dodge’s Reply in Support of Motion for Summary Judgment

And additional materials:

IHS Reassumption EPA Drinking Water FAQs Nooksack Tribal Members

3 27 17 Letter from EPA to Robert Kelly Jr

5 26 17 IBIA Appellee IHS Status Report Motion to Lift Stay

6 9 17 Letter from IHS to Nooksack Tribal Members

Federal Court Restores Swinomish Breach and Trespass Claims against BNSF Railroad

Matthew L.M. Fletcher

Here are the new materials in Swinomish Indian Tribal Community v. BNSF Railway Company (W.D. Wash.):

77 Swinomish Motion for Reconsideration

79 Response

80 Reply

82 Swinomish Supplemental Authority Statement

85 DCT Order

Prior posts here.

Federal Court Dismisses Claims against Individual Federal Defendants in Indian Tax Case

Matthew L.M. Fletcher

Here are the new materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

65 Motion to Dismiss

68 Response

69 Reply

70 DCT Order

Tag for prior posts here.

Federal Court Dismisses Nooksack v. Zinke; Plaintiff Lacks Standing as “Nooksack Tribe”

Matthew L.M. Fletcher

Here are the materials in Nooksack Indian Tribe v. Zinke (W.D. Wash.):

19 – Nooksack Tribe’s Motion for Preliminary Injunction

26 – Federal Defendants’ Opposition to Preliminary Injunction Motion and Cross-Motion to Dismiss

29 – Nooksack Tribe’s Reply in Support of Motion for Preliminary Injunction

36 – Nooksack Tribe’s Response in Opposition to Federal Defendants’ Cross-Motion to Dismiss or for Summary Judgment

39 – Secretary’s Reply re Motion to Dismiss

43 – Order Granting Defendants’ Motion to Dismiss

44 – Judgment

Judge Dodge Protected by Judicial Immunity in Federal Nooksack Case, For Now

Sarah M Donnelly

Download(PDF): Doc. 63 – Order Granting Defendant Dodge’s Motion to Dismiss

Link: Posted Documents and Materials, previous Nooksack posts

UPDATE (1217 EDT):

Briefs filed before order to dismiss:

Brief filed today:

Tulalip Tribes Sue Coast Guard to Protect Southern Resident Killer Whale

Matthew L.M. Fletcher

Here is the complaint in Tulalip Tribes v. Kelly (W.D. Wash.):

Complaint

 

Nooksack Disenrollees’ RICO Action against Nooksack Holdover Council (in their individual capacities) to Proceed

Matthew L.M. Fletcher

Here are the materials in Rabang v. Kelly (W.D. Wash.):

ORDER

MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12(B)(6)

RESPONSE TO MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12

DEFENDANTS_ REPLY IN SUPPORT OF KELLY DEFENDANTS_ RULE 12(B)(1) AND 12(B)(6) MOTION TO DISMISS

PLAINTIFFS_ NOTICE OF SUPPLEMENTAL AUTHORITY

 

Update in Nooksack Tribe v. Zinke

Matthew L.M. Fletcher

Here are new materials in the case now captioned Nooksack Indian Tribe v. Zinke (W.D. Wash.):

14 – Motion of 271 Nooksack Tribal Members to Intervene

19 – Nooksack Tribe’s Motion for Preliminary Injunction

22 Nooksack Opposition to Intervention

24 271 Members Reply in Support of Motion to Intervene

26 – Federal Defendants’ Opposition to Preliminary Injunction Motion and Cross-Motion to Dismiss

29 Nooksack Reply in Support of PI

Updates in Comenout Litigation

Matthew L.M. Fletcher

Here are the materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

46 Motion to File Third Amended Complaint and PI

49 Motion for Sanctions

53 State Response to 46

54 US Response to 46

58 Reply in Support of 46

59 Response to 49

61 Reply in Support of 49

64 DCT Order Denying Motion for Sanctions

63 DCT Order Denying Motion to File

Prior posts here.

Former Tribal Employee’s False Claims Act Suit to Proceed against Individuals, Sauk-Suiattle Tribe Dismissed

Matthew L.M. Fletcher1 Comment

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

13 Motion to Dismiss

15 Motion for TRO

19 Response to 15

20 Reply in Support of 15

22 DCT Order Denying 15

27 Response to 13

28 Reply in Support of 13

39 DCT Order on 13