Walker River Paiute Tribe et al v. United States Departmet of Housing and Urban Development et al

Filing 37

ORDERED that the parties shall until 11/28/2013 to file a supplemental brief of not more than 10 pages in accordance with this order. The parties shall then have 10 days to file a response brief of not more than 5 pages. Signed by Judge Larry R. Hicks on 11/13/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WALKER RIVER PAIUTE TRIBE; et al.,
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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
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HOUSING AND URBAN DEVELOPMENT; )
et al.,
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Defendants.
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3:08-cv-0627-LRH-VPC
ORDER

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Before the court is defendants’ notice of supplemental authority. Doc. #36. In their notice,

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defendants provided the court a copy of the August 8, 2013 decision in Fort Belknap Hous. Dep’t v.

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Office of Pub. & Indian Hous., 726 F.3d 1099 (9th Cir. 2013). The court has reviewed the Fort

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Belknap decision and finds that supplemental briefing by the parties is necessary to address the

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jurisdictional issues raised in that decision and how they impact the court’s subject matter

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jurisdiction in the present action.
Fort Belknap held that the district court did not have subject matter jurisdiction over the

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underlying action under § 4161(d) of the Native American Housing Assistance and Self

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Determination Act (“NAHASDA”) because no action was taken pursuant to § 4161 of that act. 726

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F.3d at 1104. Similar challenges have been raised in the present case concerning whether

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defendants complied with the requisite provisions of § 4161.1 Thus, the court is concerned with

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whether or not it may exercise subject matter jurisdiction over these challenges in the present

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action. Accordingly, the court shall grant the parties leave to file brief supplemental briefing on the

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issue of subject matter jurisdiction as it relates to the Ninth Circuit’s recent decision in

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Fort Belknap.

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IT IS THEREFORE ORDERED that the parties shall have fifteen (15) days from entry of

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this order to file a supplemental brief of not more than ten (10) pages in accordance with this order.

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The parties shall then have ten (10) days to file a response brief of not more than five (5) pages.

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IT IS SO ORDERED.

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DATED this 13th day of November, 2013.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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The court recognizes that there are several other constitutional challenges in this action for which the
court may exercise jurisdiction independently of those challenges raised under § 4161.

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