Winnemucca Indian Colony et al v. United States of America Department of the Interior et al
Plaintiff: Thomas R. Wasson and Winnemucca Indian Colony
Defendant: Bureau of Indian Affairs, Superintendent of the Western Nevada Agency of the Bureau of Indian Affairs and United States of America
Intervenor Defendant: Ms. Linda Ayer
Case Number: 3:2011cv00622
Filed: August 29, 2011
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Robert C. Jones
Nature of Suit: Real Property: Other
Cause of Action: 25 U.S.C. ยง 640 Indian Tribal Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 24, 2019 Opinion or Order Filing 317 ORDER that the Motion for Attorneys Fees (ECF No. 305 ) is GRANTED. Attorneys fees are awarded in the amount of $102,917.97. Plaintiffs should separately ask the Clerk to tax costs. Signed by Judge Robert C. Jones on 1/24/2019. (Copies have been distributed pursuant to the NEF - LH)
November 21, 2018 Opinion or Order Filing 312 ORDER granting ECF No. 311 Stipulation To Extend Time re ECF No. 305 Motion for Attorney Fees (Second Request): Response due by 11/30/2018. Signed by Judge Robert C. Jones on 11/21/2018. (Copies have been distributed pursuant to the NEF - LH)
October 24, 2018 Opinion or Order Filing 307 ORDER granting ECF No. 306 Motion to Extend Time re ECF No. 305 Motion for Attorney Fees. Response due by 11/19/2018. Signed by Judge Robert C. Jones on 10/24/2018. (Copies have been distributed pursuant to the NEF - KR)
October 1, 2018 Opinion or Order Filing 303 ORDER re ECF No. 302 Proposed Order : The Court acknowledges the authoritative rulings of the Tribal Court in matters WIC-CV-14-001 and WIC-CV-14-002, on remand, dated 06/27/2016 and the relevant affirmation by the Inter-Tribal Court of Appeals in matter ITCN/AC-CV-15-11, dated 04/11/16 and 2/24/16, and extends comity to these Tribal Court rulings in the present action before this Court. This is the final Order in this cause and this matter is, therefore, dismissed. Signed by Judge Robert C. Jones on 10/1/2018. (Copies have been distributed pursuant to the NEF - DRM)
August 7, 2018 Opinion or Order Filing 295 ORDER that Plaintiff's Unopposed Motion to Continue Status Conference Hearing (ECF No. 294 ) is GRANTED. The Status Conference currently set for 8/14/2018 at 10:00 AM is VACATED and RESCHEDULED to 9/17/2018 at 10:00 AMin Reno Courtroom 3, before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 8/7/2018. (Copies have been distributed pursuant to the NEF - LH)
July 26, 2018 Opinion or Order Filing 293 ORDER SETTING STATUS CONFERENCE for 8/14/2018 at 10:00 A.M. in Reno Courtroom 3 before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 7/26/2018. (Copies have been distributed pursuant to the NEF - KW)
April 24, 2018 Opinion or Order Filing 290 ORDER granting ECF No. 289 Stipulation for Extension of Time to Respond to ECF No. 288 Status Report Response due by 6/11/2018. Signed by Judge Robert C. Jones on 4/24/2018. (Copies have been distributed pursuant to the NEF - KW)
January 18, 2018 Opinion or Order Filing 286 ORDER granting ECF No. 284 Unopposed Motion for Extension of Time to respond to ECF Nos. 279 Motion for Hearing and 280 Motion to Enforce. Defendant Ayer Group responses due by 2/12/2018. Signed by Judge Robert C. Jones on 1/18/2018. (Copies have been distributed pursuant to the NEF - LH)
August 26, 2015 Opinion or Order Filing 270 ORDER denying 264 Motion to Continue District Judge Hearing, 266 Motion for TRO, 267 Motion for Preliminary Injunction, and 268 Motion for Permanent Injunction. Signed by Judge Robert C. Jones on 8/26/15. (Copies have been distributed pursuant to the NEF - JC)
May 12, 2015 Opinion or Order Filing 256 ORDER granting 245 Motion to Substitute Party, denying 246 Motion for Preliminary and Permanent Injunction, and denying 248 Motion to Strike. Judy Rojo substituted for Thomas R. Wasson. Signed by Judge Robert C. Jones on 5/11/15. (Copies have been distributed pursuant to the NEF - JC)
November 19, 2014 Opinion or Order 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)
March 4, 2014 Opinion or Order Filing 213 ORDER that Chief Judge Timothy Shane Darrington of the Duck Valley Tribal Court shall, upon his acquiescence and at time and places acceptable to him, serve as the tribal judge for the adjudication of any enrollment and election disputes arising ou t of the enrollment and elections carried out pursuant to this Court's previous orders. Please see attached for further details. Signed by Judge Robert C. Jones on 3/4/14. (Copies have been distributed pursuant to the NEF - JC)
February 10, 2014 Opinion or Order Filing 204 ORDER denying 190 Motion for Summary Judgment; IT IS FURTHER ORDERED that the parties shall SUBMIT their lists of names for a tribal judge within fourteen (14) days of the entry of this Order into the electronic docket. Cross objections shall be due seven (7) days thereafter. In the alternative, the parties MAY SUBMIT a stipulated name within fourteen (14) days of the entry of this Order into the electronic docket. See PDF for Specifics. Signed by Judge Robert C. Jones on 2/10/14. (Copies have been distributed pursuant to the NEF - BLG)
December 30, 2013 Opinion or Order Filing 201 ORDERED that # 199 and # 200 Motions for Continuance of Status Conference are GRANTED. FURTHER ORDERED that the Status Conference currently set for Thursday, January 2, 2014 is VACATED and RESCHEDULED to 09:00 A.M., MONDAY, FEBRUARY 3, 2014, in Reno Courtroom 6, before Judge Robert C. Jones. Signed by Chief Judge Robert C. Jones on 12/30/2013. (Copies have been distributed pursuant to the NEF - DRM)
December 19, 2013 Opinion or Order Filing 198 ORDER denying as moot 195 and 196 Motions to Extend Time; granting 197 Motion for Status Conference. Status Conference set on the 9:00 a.m. stacked calendar on 1/2/2014 in Reno Courtroom 6 before Chief Judge Robert C. Jones. Responses to the 190 Motion for Summary Judgment due by 2/1/2014. Signed by Chief Judge Robert C. Jones on 12/16/2013. (Copies have been distributed pursuant to the NEF - KR)
April 25, 2013 Opinion or Order Filing 178 ORDER DENYING 171 Motion/Application for Leave to Proceed in forma pauperis; GRANTING 172 Motion to Strike; GRANTING 176 Motion for Order to Show Cause. Show Cause Hearing at which Thomas Wasson shall SHOW CAUSE why he should not be held in contempt of this Court's orders set for 5/28/2013 at 11:00 AM in Reno Courtroom 6 before Chief Judge Robert C. Jones. Signed by Chief Judge Robert C. Jones on 04/25/2013. (Copies have been distributed pursuant to the NEF - KR)
March 11, 2013 Opinion or Order Filing 177 ORDER AND INJUNCTION denying 166 Motion to Reconsider Order and denying 167 Motion to Strike. Signed by Chief Judge Robert C. Jones on 3/11/13. (Copies have been distributed pursuant to the NEF - JC)
January 10, 2013 Opinion or Order Filing 164 ORDER FOR PUBLICATION AND BUSINESS : ORDERED that the Humboldt Sun shall accept for publication from Thomas R. Wasson, Chairman, a notice to announce applications for membership as attached hereto as Exhibit 1 for the Winnemucca Indian Colony as official process. Signed by Chief Judge Robert C. Jones on 1/10/2013. (Copies have been distributed pursuant to the NEF - DRM) Modified on 1/10/2013 to add document title (DRM).
September 25, 2012 Opinion or Order Filing 151 ORDER denying as moot 114 Motion for TRO; granting 115 Motion for Preliminary Injunction; granting 131 Motion for Leave to File Reply; denying 132 Motion to Strike; granting 144 Motion for Order to Show C ause (parties shall contact the Court to schedule a mutually acceptable date for hearing); and denying 147 Motion for Possession of Property. FURTHER ORDERED that Thomas Wasson: (1) appoint a membership committee that is equal parts Sho shone and Paiute; (2) receive membership applications from all persons desiring membership in the Winnemucca Indian Colony; (3) begin with the List of 77, plus members accepted through August 16, 2002; (4) delay the scheduled election of October 20, 2012 for six months in order for the applications to be reviewed, a membership list to be posted and published, and for any potential member who is refused membership to be given the right to appeal to a neutral and unbiased tribal judge and to the Inter Tribal Court of Appeals of Nevada; and (5) to hold an election after all membership appeals are exhausted. Signed by Chief Judge Robert C. Jones on 9/24/12. (Copies have been distributed pursuant to the NEF - JC)
August 9, 2012 Opinion or Order Filing 136 ORDER denying 124 Emergency Motion to Compel Depositions. Signed by Magistrate Judge Valerie P. Cooke on 8/9/12. (Copies have been distributed pursuant to the NEF - JC)
July 9, 2012 Opinion or Order Filing 105 ORDER AND INJUNCTION. Motion to Intervene 69 is GRANTED. Motion for Reconsideration 58 is GRANTED IN PART AND DENIED IN PART. Motion to Dismiss 80 is DENIED. BIA is preliminarily enjoined as outlined in the attached order. Decision by memorandum filing no later than seven (7) days from entry of order. Please see attached for details. Signed by Chief Judge Robert C. Jones on 7/9/12. (Copies have been distributed pursuant to the NEF - JC)
January 31, 2012 Opinion or Order Filing 57 ORDER GRANTING 7 MOTION FOR PRELIMINARY INJUNCTION. (See Order for specifics) Signed by Chief Judge Robert C. Jones on 1/31/2012. (Copies have been distributed pursuant to the NEF - MLC)
January 10, 2012 Opinion or Order Filing 52 ORDER. IT IS HEREBY ORDERED that the Motion to Intervene 18 is GRANTED.IT IS FURTHER ORDERED that the Proposed Order 24 is REJECTED. Plaintiffs shall submit a new proposed preliminary injunction order consistent with this order, past orders, an d the Courts comments at oral argument. IT IS FURTHER ORDERED that the Motion to Strike 28 is DENIED. IT IS FURTHER ORDERED that the Motion to Dismiss 36 is DENIED. IT IS FURTHER ORDERED that the Motion to Amend 44 is GRANTED. Plaintiffs sh all ensure proper service of the Amended Complaint on all Defendants within twenty-eight (28) days of the entry of this order into the docket. IT IS SO ORDERED. Signed by Chief Judge Robert C. Jones on 1/10/2012. (Copies have been distributed pursuant to the NEF - MLC)
September 16, 2011 Opinion or Order Filing 19 ORDER granting in part and denying in part 8 Motion for Preliminary Injunction.; denying 15 Motion to Vacate. Signed by Chief Judge Robert C. Jones on 09/12/11. (Copies have been distributed pursuant to the NEF - LG)
August 31, 2011 Opinion or Order Filing 9 ORDER: IT IS HEREBY ORDERED that the Motion for Temporary Restraining Order 7 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the BIA must give interim recognition to some person or body of persons as the legitima te representative(s) of the Winnemucca Indian Colony of Nevada and manifest its decision by notice in the docket no later than 5:00 p.m. PDT on September 7, 2011. The Colony suffers irreparable injury every day it is deprived of services and opportun ities to which it is otherwise entitled as a federally recognized Indian nation, including the ability to engage in self-sustaining economic activity on colonial land. The BIAs prolonged refusal to treat with the Colony amounts to a de facto terminat ion of the sovereign recognition the Colony has been granted by Congress, which is likely to lead to the irreparable political dissolution of the Colonys sovereign existence. IT IS FURTHER ORDERED that the Motion for Preliminary Injunction [8 ] will be heard in Reno Courtroom 6 on the stacked 9:00 a.m. calender on September 12, 2011. IT IS FURTHER ORDERED that this order expires at 12:00 p.m. PDT on September 13, 2011. IT IS SO ORDERED. (See attached PDF for specifics.) Signed by Chief Judge Robert C. Jones. (Copies have been distributed pursuant to the NEF - BLG)
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Search for this case: Winnemucca Indian Colony et al v. United States of America Department of the Interior et al
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Intervenor defendant: Ms. Linda Ayer
Represented By: Wes Williams
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Defendant: Bureau of Indian Affairs
Represented By: Holly A. Vance
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Defendant: Superintendent of the Western Nevada Agency of the Bureau of Indian Affairs
Represented By: Holly A. Vance
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Defendant: United States of America
Represented By: Holly A. Vance
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Plaintiff: Thomas R. Wasson
Represented By: Robert R. Hager
Represented By: Treva J. Hearne
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Plaintiff: Winnemucca Indian Colony
Represented By: Robert R. Hager
Represented By: Treva J. Hearne
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