Caddo Nation of Oklahoma The et al v. Court of Indian Offenses

Filing 9

ORDER Directing Plaintiffs to file supplemental briefing specifically addressing the Court's concerns with supporting legal authority re 2 EMERGENCY MOTION for Temporary Restraining Order filed by Caddo Nation of Oklahoma The, Brenda Edwards, 8 SUPPLEMENTAL MOTION for Temporary Restraining Order filed by Caddo Nation of Oklahoma The, Brenda Edwards. Supplemental Briefing due within 7 days. Signed by Honorable Timothy D. DeGiusti on 3/21/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA
THE CADDO NATION OF OKLAHOMA, and
BRENDA EDWARDS, in her capacity as
Chairman of The Caddo Nation of Oklahoma,
Plaintiffs,
v.
THE COURT OF INDIAN OFFENSES FOR
THE ANADARKO AGENCY,
Defendant.

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Case No. CIV-14-281-D

ORDER
Before the Court is Plaintiffs’ Emergency Motion for Temporary Restraining Order Without
Notice and Preliminary Injunction Against the Court of Indian Offenses and Brief in Support [Doc.
No. 2]. Plaintiffs have also filed a Supplement to the Motion [Doc. No. 8].
Plaintiffs’ Complaint identifies as the basis for this Court’s exercise of subject matter
jurisdiction 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1346 (United States as defendant) and
28 U.S.C. § 1362 (Indian tribe as plaintiff). For purposes of federal question jurisdiction, Plaintiffs
allege the action “arises under the laws and regulations of the United States, specifically 25 C.F.R.
§ 11.118.” Complaint, ¶ 3. Plaintiffs seek a restraining order against Defendant, the Court of Indian
Offenses for the Anadarko Agency, for acting outside the scope of its jurisdiction under 25 C.F.R.
§ 11.118.
Preliminary to addressing Plaintiffs’ Motion, the Court has concerns about the proper
exercise and scope of its jurisdiction in this matter. Citizens Concerned for Separation of Church
& State v. City & County of Denver, 628 F.2d 1289, 1301 (10th Cir.1980) (“A federal court must
in every case, and at every stage of the proceeding, satisfy itself as to its own jurisdiction, and the

court is not bound by the acts or pleadings of the parties.”). The Court’s concerns include issues of
comity and the requirement of exhaustion of remedies.
Accordingly, the Court directs Plaintiffs to file supplemental briefing specifically addressing
these issues in further detail with supporting legal authority. Plaintiffs are directed to submit their
additional briefing within seven (7) days of the entry of this Order. Plaintiffs are further directed
to immediately provide a copy of this Order to Defendant, pursuant to Fed. R. Civ. P. 5, and to file
a certificate with the Court showing compliance with the same. Defendant may submit briefing on
these issues in the time period set forth above.
IT IS SO ORDERED this 21st day of March, 2014.

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