Judge Martinez Grants Makah Motion for Summary Judgment in U&A Dispute with Quinault and Quileute

Here are the materials in United States v. Washington subproceeding 09-1 (W.D. Wash.):

DCT Order

Makah Motion for Partial Summary J

Quileute Response

Quinault Response

Makah Reply

Federal Court Denies Motion for TRO to Enjoin Nooksack Disenrollment Election

Here are the materials in St. Germain v. Dept. of Interior (W.D. Wash.):

3-Amended Complaint

4-Motion for TRO and Proposed Order

23 Defendant’s Opposition to Plaintiffs’ Application for a TRO

24 Reply re Motion for TRO

25 Order denying TRO

SCT Denied Cert in Miller v. Wright — Challenge to Puyallup Tax Agreement

On Monday, the Supreme Court denied Miller v. Wright, a challenge to the Puyallup-Washington tax agreement. Order list here.

Lower court materials here.

Additional Tribal Court Materials in Nooksack Tribal Disenrollment Case — Second Emergency Motion for TRO

Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Ct.):

Second Emergency Motion for Temporary Restraining Order

Defendants’ Response in Opposition to Second Emer Motion for TRO

Reply in Support of Second Emergency Motion for TRO

Tribal Court Order Denying Second TRO Motion re Election

Tribal Court Order Denying Second TRO Re General Special Meetings

Prior posts here, here, here, and here.

Update in Nooksack Membership Dispute

News coverage here. Previous post on the recent tribal court litigation. And an update on tribal court filings:

Second Declaration of Gabriel S. Galanda

And a federal complaint alleging FOIA violations by the Bureau of Indian Affairs — St. Germain v. Dept. of Interior (W.D. Wash.):

St Germain v Interior Complaint

 

Miller v Wright Cert Opposition Brief

Here:

Miller v Wright Cert Opp

The petition is here. No chance for a grant. I wouldn’t have even filed an opposition….

Update in Federal Trespass Action at Makah (U.S. v. Ray)

The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.

Here are the new materials in United States v. Ray (W.D. Wash.):

DCT Order Granting Partial Summary J

US Motion for Partial Summary J

US Motion to Lift Stay

And the Makah tribal court materials:

Makah Tribal Court Order

US Petition for Determination of Makah Tribal Law

The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.

The underlying complaint is here.

Stillaguamish RICO Suit against Former Elected Officials and Others to Proceed against Most Defendants

Here are the materials in Stillaguamish Tribe of Indians v. Nelson (W.D. Wash.):

283 Chapman Motion

296 Nelson Motion

323 Ashley Motion for Summary J

339 Stillaguamish Response to Ashley Motion

342 Stillaguamish Response to Chapman and Nelson Motions

346 Ashley Reply

351 Nelson Reply

DCT Order on Defendants Motion for Summary J

Complaint and earlier materials here.

Miller v. Wright Cert Petition

Here:

Miller v Wright Cert Petition

Questions presented:

The questions presented in this case are:
1. Whether Indian tribal immunity from suit allows the Indian tribe, a price fixing competitor, to be immune from federal anti-trust laws?
2. Whether the officials of an Indian tribe, acting beyond their authority, can be protected by tribal immunity when prospective relief is sought?
Lower court materials here.

 

Judge Martinez Issues Permanent Injunction Favoring Treaty Tribes in U.S. v. Washington Culverts Subproceeding

HUGE.

Here is the order (briefs shortly):

752 – Memorandum and Order Granting Perm. Injunction

Tribal Supplemental Brief

US Supplemental Brief

Washington Supplemental Brief

UPDATE: Perm Injunction

Judge Martinez’s 2007 order (and materials) is here.