Rabang et al v. Kelly et al

Filing 55

MINUTE ORDER requesting supplemental briefing re: Defendant Raymond Dodge's 30 Motion to Dismiss. Mr. Dodge's briefing due 4/14/2017; Plaintiff's response, if any, due 4/19/2017. Clerk is directed to RENOTE the 30 motion to dismiss for 4/19/2017. Authorized by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARGRETTY RABANG, et al.,

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Plaintiffs,

CASE NO. C17-0088-JCC
MINUTE ORDER

v.

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ROBERT KELLY, JR., et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on Defendant Raymond Dodge’s motion to dismiss

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(Dkt. No. 30). Mr. Dodge argues that he is entitled to judicial immunity for his orders issued as a

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tribal court judge. (Id. at 3–6.) Plaintiffs counter that Mr. Dodge acted in a clear absence of

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jurisdiction, and therefore is not entitled to judicial immunity. (Dkt. No. 46 at 4–5.)

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“[W]hen a judge knows that he lacks jurisdiction, or acts in the face of clearly valid

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statutes or case law expressly depriving him of jurisdiction, judicial immunity is lost.” Rankin v.

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Howard, 633 F.2d 844, 849 (9th Cir. 1980), overruled on other ground by Ashelman v. Pope,

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793 F.2d 1072 (9th Cir. 1986). Plaintiffs contend that a Department of the Interior (DOI)

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decision invalidating Mr. Dodge’s orders demonstrates he had actual knowledge he lacked

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jurisdiction. (Dkt. No. 46 at 4–5.) However, it is undisputed that this DOI decision was issued

MINUTE ORDER C17-0088-JCC
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after Mr. Dodge issued the orders in dispute in this case. (See Dkt. No. 7 at ¶¶ 67–69.) Therefore,

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the question is whether the October 17, 2016 DOI decision issued to Defendant Kelly and the

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alleged Holdover Council Defendants, but not Mr. Dodge, (Dkt. No. 7 at ¶ 50), rises to the level

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of “clearly valid statutes or case law expressly depriving” Mr. Dodge of jurisdiction. The parties

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have not fully briefed this issue for the Court.

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Therefore, the Court ORDERS supplemental briefing on this issue. The parties must

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submit briefing on whether an agency decision, such as the DOI’s decision issued on October 17,

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2016, rises to the level of clearly valid statues or case law that would have expressly deprived

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Mr. Dodge of jurisdiction. Mr. Dodge’s briefing is due Friday, April 14, 2017. Plaintiffs’

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response, if any, is due Wednesday, April 19, 2017. Both supplemental briefings shall be limited

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to 5 double-spaced pages. The Clerk is directed to RENOTE the motion to dismiss (Dkt. No. 30)

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for April 19, 2017.

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DATED this 4th day of April 2017.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C17-0088-JCC
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