Winnemucca Indian Colony et al v. United States of America Department of the Interior et al

Filing 231

ORDER on 230 Proposed Order Submission. The Department of the Interior, Bureau of Indian Affairs, shall recognize as permanent Council of the Winnemucca Indian Colony, Judy Rojo, Misty Morning Dawn Rojo Alverez, Katherine Hasbrouck, Eric Magiera and Thomas Magiera II as elected in the October 25, 2014, election of the Winnemucca Indian Colony. Signed by Judge Robert C. Jones on 11/19/14. (Copies have been distributed pursuant to the NEF - JC)

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WINNEMUCCA INDIAN COLONY,
THOMAS R. WASSON, CHAIRMAN

ORDER
[PROPOSED] ORDER

Plaintiffs,

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Case No.: 3:11-cv-00622-RCJ-VPC

v.

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UNITED STATES OF AMERICA ex rel. THE
DEPARTMENT OF THE INTERIOR,
BUREAU OF INDIAN AFFAIRS,
WESTERN NEVADA AGENCY,
SUPERINTENDENT,
and, THE EMPLOYEES, CONTRACTOR
AND AGENTS OF THE WESTERN
NEVADA AGENCY OF THE BUREAU OF
INDIAN AFFAIRS,
Defendants.

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This cause came on for hearing at a Status Conference on November 19, 2014, after

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the election of October 25, 2014. The Winnemucca Indian Colony appeared with its

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counsel, Treva Hearne, the Bureau of Indian Affairs appeared with its counsel, the United

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States Attorney by Deputy U.S. Attorney, Holly Vance, and the Ayer group by its counsel,

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Brian Morris.
The Winnemucca Indian Colony introduced the newly elected Council as Judy
Rojo, Misty Morning Dawn Rojo Alvarez, Katherine Hasbrouck, Eric Magiera and Thomas
Magiera II. The United States Attorney asked for clarification on behalf of her client and
asked if the Court’s intention was for the Bureau of Indian Affairs to recognize this newly
elected Council as the Council for the Winnemucca Indian Colony or wait until the Tribal
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Court challenge was completed. The Court clarified that this Council was to be recognized

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by the Bureau of Indian Affairs as the permanent Council of the Winnemucca Indian

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Colony immediately. The Court further clarified that the Tribal Court was in place and the

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appeal from that decision on any election or membership challenges would be to the

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Inter-Tribal Court of Appeals of Nevada.

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IT IS HEREBY ORDERED as follows:
The Department of the Interior, Bureau of Indian Affairs, shall recognize as
permanent Council of the Winnemucca Indian Colony, Judy Rojo, Misty Morning Dawn
Rojo Alverez, Katherine Hasbrouck, Eric Magiera and Thomas Magiera II as elected in the
October 25, 2014, election of the Winnemucca Indian Colony.

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IT IS SO ORDERED.

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Dated this 19th daydayNovember, 2014.
DATED this ____ of of _________________, 2014.

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_______________________
ROBERT C. JONES,
United States District Judge

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