Update in Nooksack Disenrollment Matter — Second Amended Complaint Dismissed

Here are additional materials in Lomeli v. Kelly (Nooksack Tribal Court):

Kelly Defendants’ Motion to Dismiss

Nooksack Plaintiffs’ Response in Opposition to Defendants’ Motion to Dismiss

Kelly Defendants’ Reply on Motion to Dismiss

Order Granting Defendants’ Motion to Dismiss Second Amended Complaint 8-6-2013

An excerpt:

As Assistant Secretary of Indian Affairs Kevin Washburn wrote recently, “in the exercise of sovereignty and self-governance, tribes have the right, like other governments, to make good decisions, bad decisions, and decisions with which others may not agree.” Aguayo, page 1. The Tribal Council members named in this Complaint hold an obligation to act in the best interests of the Nooksack Indian Tribe. Membership and enrollment decisions impact individual lives in the deepest possible ways and those decisions cannot be taken lightly. This Court recognizes the serious implications of this case and its decision on this motion and all the others that have preceded it. It is the solemn obligation of this Court to follow the law of the Nooksack Indian Tribe and it is the obligation of the Tribal Council to do the same.