IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION MYRL RAY AYER, et al ) Petitioner, ) v. ) CASE NO: CIV-19-WR10 ) CIV-19-WRIL WINNEMUCCA INDIAN COLONY) CIV-19-WRI12 COUNCIL: JUDY ROJO, SHANNON) CIV-19-WRI13 EVANS, MERLENE MAGIERA, ) KATHERINE HASBROUCK, MISTY —_) MORNING DAWN ROJO-ALVEREZ; TREVA HEARNE; BOB MCNICHOLS Respondent, ) COURT MINUTE JUDGE: Marsha Harlan DATE:_06/10/2019 PETITIONER/ATTORNEY: __(\\Xo0_ Qos RESPONDENT/ATTORNEY:___\ 2 VAC FINDINGS/ORDERS Cons, Sorts Wro WO yanwitrero, Couvet Ws Mun oeopotay. isied Qad nrusrans eh gentry . ADNAN AKAD . Qos Woy Cuatinertay SO Rhone Ke wae oy Yee aod pope - ry Care Som Sow bichim prkkes Roantes Cod Me insert Wo vr~ Rock Soks Cay nag Ged os Ordon Oy Goud barra Ww ITISSOORDERED. = ~Court Tadian "al Divison FILED in [The Office of the: eof the Court Clerk of TREVA J. HEARNE, Esq. JUN 07 2019 595 Humboldt, Reno, Nevada 89509 Ph. 775-329-5800 Time Recorded a Fe7y5-329-5800 [Court Clerk Bee | 5m: ‘TrevaHearne com IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION MYRL RAY AYER, et al | Case No.: CIV-19-wr 10,11, 12, Petitioner, &13 EMERGENCY MOTION TO EXTEND TEMPORARY WINNEMUCCA INDIAN COLONY INJUNCTION WITHOUT COUNCIL: JUDY ROJO, SHANNON | PREJUDICE UNTIL ALL EVANS, MERLENE MAGIERA, PARTIES TT KATHERINE HASBROUCK, MISTY PARTIES CANA — MORNING DAWN ROJO-ALVEREZ; ee ‘TREVA HEARNE; BOB MCNICHOLS Respondent COMES NOW, the Movants, by and through their counsel, RENO LAW GROUP, without submitting to the jurisdiction of this Court, that the Winnemucca Indian Colony| submits this EMERGENCY MOTION TO EXTEND THE TEMPORARY INJUNCTION UNTIL ALL PARTIES CAN ATTEND THE HEARING. In support of this Motion, the Colony Council cites to the fact that the Petitions were served piecemeal and that clearly| ‘on the front of the document it states that the Respondent shall have thirty (30) days within which to answer and the Petitioners should be granted the time to reply to the} responses. The Colony will abide by the requests of the Petitioners and no longer notify|Sowa auneun ul 13 4 15 16 7 18 19 20 21 22 2B 4 26 21 28 them of evictions and further will not go forward with any evictions until a hearing can| be convened to hear the substantive arguments in this matter. DATED this 7*" day of June, 2019. // Treva J. Hearne. ‘Treva J. Hearne, NV State Bar No. 4450 595 Humboldt St. Reno, Nevada 89509 Tel: (775) 329-5811 Fax: (775) 329-5819 Attorney for Movants EMERGENCY MOTION TO EXTEND TEMPORARY INJUNCTION OUT PREJUDICE IL ALL PARTIES. ATTEND A COURT HEARING ‘The Winnemucca Indian Colony is severely prejudiced by the late service of the Petitions upon the Chairman. The Winnemucca Indian Colony is further prejudiced by the date the hearing has been set in that counsel for the Colony and the Chairman cannot travel because of recent surgery and the other members of Council cannot travel on that date without the Chairman of the Colony. The Counsel for the Colony has practices law in federal courts for the last forty years and it is accepted practice to extend a temporary injunction until a hearing can be scheduled for all parties to attend, especially when significant matters must be briefed and argued. See, Declaration of ‘Treva J. Hearne. ‘The Petitions raise serious and complex issues of res judicata, due process, Tribal sovereignty, and the right for the Colony to protect its resources and enforce its dulyadopted laws and regulations. Moreover, the Petitions are not supported by facts or law and the Petitioners should be given opportunity to provide both. Ren ‘The face of the Service document clearly states that the Respondent shall have thirty days within which to answer the Petition. The extension of the temporary injunction can be done without prejudice to all parties for so long as the Court makes no ruling on the substantive matters before the Court. WHEREFORE FOR THE ABOVE-STATED REASONS, the Respondents move for Sport oot icy an emergency order to vacate the hearing on June 10 to be set at a later and agreed 11 |] upon date and that the Petitioners and Respondents be given a reasonable time to Respond to the issues and Reply to the issues and that the temporary injunction be extended without prejudice to the parties until a hearing can be scheduled in July or 15 |[August that all parties can attend. 16 17 1g || Dated this 7th day of June, 2010, 19 20 //Treva J. Hearne// Treva J. Hearne a Reno Law Group es 505 Humboldt St. . Reno, Nevada 89509 2B Ph. 775-544-5801 24 25 26 Cer 27 28 I certify that I, Treva J. Hearne, represent the Movants and that I am over 18 years of age and that on May 7th, 2019, I emailed this Emergency Motion to Vacate 3Hearing and for an Extension of Time within which to Respond to the Petitions to the Clerk of the CFR Court, for service on the parties just as the manner of service of the Petition on the Winnemucca Indian Colony Council. DATED this 7th day of June, 2019. LTreva J. Hearne// Treva J. HearneDECLARATION OF TREVA J. HEARNE, I, Treva J. Hearne, state upon penalty of perjury under the laws of the United States, the following: 1 1am the Counsel for the Winnemucca Indian Colony and have been since March 2000. Thave contacted all of the Council of the Winnemucca Indian Colony and most have employment and cannot get time off to attend the hearing upon such short notice, one is in a wheel chair and cannot travel alone and the Chairman has recently had surgery and cannot travel for two weeks. In the last two weeks of July or anytime in August some members of Council can make themselves available for a hearing. ‘As Counsel for the Colony, I, too, can be available in July or August for a hearing in Winnemucca, Nevada. ‘The Council cannot presently reside on the Colony lands because of the constant threats from the Petitioners so travel is required. Tam presently admitted to the Ninth Circuit Court of Appeals, the Federal Circuit, the Eighth and Tenth Circuit Court of Appeals and all the Federal Courts under those Circuits. Ihave practiced law for nearly forty years, mostly in federal court. I have filed injunctions in the federal courts on several occasions and if the parties were not available for hearing, the federal courts would extend the temporary injunction without prejudice and reset a hearing when all parties could be present in order to avoid prejudice to any party.7. The Council has agreed that no further notice of evictions as requested by the Petitioners will go to the residents who have failed and refused to enter into agreements with the Council and that no evictions will occur until after the Court has convened a hearing wherein all parties can be present. ‘Treva J. Hearne states that the statements above are true and correct to the best of her knowledge and belief. Dated this 7th day of June, 2019. _//Treva J. Hearne//_ ‘Treva J. Hearne‘Cour of Indian Offenses Trial Divison (HE COURT OF INDIAN OFFENSES | RECVDin OF THE WESTERN REGION fe rWesern Regn TUN & 20K MYRL RAY AYER, ET AL., ) dimereontet 2 (Bae = ) Petitioner, ) ) v ) Docket No.: C1V-19-WRIO ) CIV-19-WRIL WINNEMUCCA INDIAN COLONY ) CIV-19-WR12 COUNCIL: JUDY ROJO, SHANNON ) CIV-19-WR13 EVANS, MERLENE MAGIERA, ) KATHERINE HASBROUCK, MISTY ) MORNING DAWN ROJO-ALVEREZ; ) TREVA HEARNE; BOB MCNICHOLS Respondents ) ) ORDER DENYING RESPONDENTS’ EMERGENCY MOTION TO VACATE HEARING AND EXTEND TIME WITHIN WHICH TO ANSWER NOW ON THIS 6th day of June, 2019, this matter comes before the undersigned Magistrate upon Respondents’ Emergency Motion to Vacate Hearing and to Extend Time within which to Answer. Having reviewed the motion, considered the evidence, and controlling law, the Court FINDS as follows: 1) There are currently four cases pending in this Court that are factually similar, 2) Two cases were filed on or about May 21, 2019, and Respondents filed a Motion to Dismiss Petition for Restraining Order and Request that Injunction Hearing be Vacated on May 29, 2019. 3) That this Court is bound by the Federal Rules of Civil Procedure. 25 CFR Part 11, Section 11.503, 4) That the Federal Rules of Civil Procedure, Ruk 65, requires emergency injunctions be heard within 14 days unless the Court extends the time for such Hearing. This Court set the emergency injunction hearing at the earliest possible date the Court could convene '5) That the Respondents have advised the Petitioners and those similarly situated that they must remove themselves and their property on or before June 30, 2019 or further action woul be commenced. 6) That the Petitioners are entitled to due process and this Court has jurisdiction to hear this matter. 7) That the Respondents have requested an extension of time to answer the petition. The Respondents have 30 days from the date of service to file an answer to the petition and that time is not affected nor lessened by the convening of a show cause hearing on the emergency injunction.IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Respondents’ Emergency Motion to Vacate Hearing and for an Extension of Time within which to Answer the Petition is hereby DENIED. ITIS FURTHER ORDERED, ADJUDGED and DECREED that the show cause hearing on the Emergency Temporary Injunction will be heard at 9:00 am on June 10, 2019. ITIS SO ORDERED. [ARSHA HARLAN, CHIEF MAGISTRATECourt of Indian Of ‘TREVA J. HEARNE, Esq. 595 Humboldt, Reno, Nevada 89509 Ph. 775-329-5800 Fx 775-329-5800 ‘TrevaHearne@gmail.com IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION MYRL RAY AYER, et al Case No.: CIV-19-wr 10,11, 12, Petitioner, &13 EMERGENCY MOTION TO VACATE HEARING AND WINNEMUCCA INDIAN COLONY FOR AN EXTENSION OF COUNCIL: JUDY ROJO, SHANNON TIME, IN WHICH TO KATHERINE HASBROUCK, MISTY MORNING DAWN ROJO-ALVEREZ; TREVA HEARNE; BOB MCNICHOLS Respondents. COMES NOW, the Movants, by and through their counsel, RENO LAW GROUP, | EVANS, MERLENE MAGIERA, | ANSWER THE PETITIONS without submitting to the jurisdiction of this Court, that the Winnemucca Indian Colony| submits this EMERGENCY MOTION TO VACATE HEARING AND TO EXTEND TIME| WITHIN WHICH TO ANSWER. In support of this Motion, the Colony Council cites to the fact that the Petitions were served piecemeal and that clearly on the front of the| document it states that the Respondent shall have thirty (30) days within which to answer and yet the hearing was set before the 30 days could expire. Now at the eleventh hour, the last two petitions were served upon the Chairman of the Colony.ooo 10 12 13 4 15 16 17 19 20 21 22 23 24 26 27 28 DATED this 4! day of June, 2019. // Treva J. Hearne. ‘Treva J. Hearne, NV State Bar No. 4450 595 Humboldt St. Reno, Nevada 89509 Tel: (75) 329-5811 Fax: (775) 329-5819 Attorney for Movants EMERGENCY MOTION TO VACATE HEARING AND TO GRANT AN EXTENSION OF TIME WITHIN WHICH TO ANSWER: ‘THE PETITONS ‘The Winnemucca Indian Colony is severely prejudiced by the late service of the Petitions upon the Chairman. The Petitions were just received yesterday and forwarded to Counsel for the Colony today. The Petitions raise serious and complex issues of res judicata, due process, Tribal sovereignty, and the right for the Colony to protect its resources and enforce its duly adopted laws and regulations. ‘The face of the Service document clearly states that the Respondent shall have thirty days within which to answer the Petition. ‘This has been denied by the setting of the hearing in less than thirty days from the date of service. WHEREFORE FOR THE ABOVE-STATED REASONS, the Respondents move for an emergency order to vacate the hearing on June 10 to be set at a later and agreed upon date and that the Respondents be given adequate time to brief the issues raised.Sew ranean i 12 13 14 15 16 7 18 19 20 2 22 23 24 25 27 28 Dated this 3" day of June, 2019. //Treva J. Hearn//. Treva J. Hearne Reno Law Group 595 Humboldt St. Reno, Nevada 89509 Ph. 775-544-5801 Certificate of Servic T certify that I, Treva J. Hearne, represent the Movants and that I am over 18 years of age and that on May 3d, 2019, I emailed this Emergency Motion to Vacate Hearing and for an Extension of Time within which to Respond to the Petitions to the Clerk of the CFR Court, for service on the parties just as the manner of service of the Petition on the Winnemucca Indian Colony Council. DATED this 3" day of June, 2019. 1a. J. Hearne; ‘Treva J. HearneRECV) Itt Omee ofthe Court Clerk of ‘Western Region IN THE COURT OF INDIAN OFFENSES OF THE WESTERN REGION | MAY 24 2019 | EDOREEN BROWNesee ae eee Pine Reoract F/O PETITIONER, [Court Clerk. Sv Epater v. CASENO: CIV-19-WRI2 _JUDY ROJO, CHAIRPERSON RESPONDENT, NOTICE OF CASE SETTING YOU ARE HEREBY NOTIFIED that the above styled and numbered case has been Scheduled for hearing on |ONDAY June 10,2019 at__9:00 A.M. ____ June 10,2019 __at_9:00_A.M._ for action as FOLLOW‘ INITIAL HEARING IN THE COURT OF INDIAN OFFENSES OF THE WESTERN REGION, AT THE WINNEMUCCA DISTRICT COURTHOUSE, 25W STH STREET, WINNEMUCCA, NEVADA 89445, Dated this: May 24,2019 IF YOU FAIL TO APPEAR, JUDGMENT BY DEFAULT SHALL BE TAKEN AGAINST YOU AND YOU WILL BE HELD IN CONTEMPT OF COURT. (SEAL) s, Acting CourtIN THE COURT OF INDIAN OFFENSES OF THE WESTERN REGION | | | DOREEN BROWN | | PETITIONER, Time Recorded _| Court Clerk —_ v. CASE NO: CIV-19-WRI2 JUDY ROJO, CHAIRPERSON RESPONDENT, SUMMONS TO: JUDY ROJO 595 HUMBOLDT STREET RENO, NEVADA 89509 YOU ARE HEREBY SUMMONED in the above named and directed to file a written ‘Answer to the attached Petition with the Court Clerk of this Court, within thirty (30) after service of this Summons, which is herewith served upon you, ‘A copy of your Answer must also be delivered to the Petitioner or his/her attomey/advocate and proof of such service with your Answer must be filed in this Court. Ifyou fail to Answer this Petition within the time stated, judgment by default can be rendered against you for the relief demanded by the Petitioner. J. Torres, Acting Court Clerk Offenses of the Western Region PO Box 33097 Phoenix, Arizona 85067 Phone: (602) 647-5300 (SEAL) phi Court of ht Petitioner: DOREEN BROWN YOU MAY SEEK THE ADVICE OF AN ATTORNEY/ADVOCATE ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THIS SUMMONS.CERTIFICATION I, the undersigned Court Clerk, hereby certify that on May 24, 2019 1 mailed to the following parties the: Petition for TRO. Summons, Notice of Hearing, and 05.24.2019 Order Certified Mail- 7015 0920 0000 2137 4803, Judy Rojo Winnemucca Tribal Council 595 Humboldt Street Reno, Nevada 89509Court of Indian Offenses ‘Teal Division RECV'D in [The Oftice of the Court Clerk of ‘Western Region IN THE COURT OF INDIAN OFFENSES MAY 2.4 2019 FOR THE WESTERN REGION DOREEN BROWN, } Court Clerk 2 | Petitioner, ) } ‘Case No.: CIV-19-WR12 JUDY ROJO, CHAIRPERSON } Respondents } EX PARTE TEMPORARY INJUNCTION AND ORDER FOR RELIEF NOW on this 24” day of May, 2019, this matter comes before the undersigned Magistrate upon Petitioner's Motion for Emergency Temporary Restraining Order and Preliminary Injunction. Having reviewed the Motion and the attachments filed herein, the Court FINDS as follows 1, The Winnemucca Tribe of Indians is attempting to serve notice of eviction upon residents residing ithin the Tribe’s Colony. 2. That the above named Petitioner is a resident of the Winnemucca Colony and has received ‘more than one notice to vacate immediately and on ot before June 30, 2019 or the Petitioner will be forcibly removed. 3. That the Respondents have provided no authority for their action other than an announcement by the Council that the parties are hereby noticed to remove themselves and their property as they ‘are not members of the Colony. 4, That eviction is a legal matter and requires an Order of the Court 5. That Petitioner is entitled to due process protections for themselves and their property 6. That the Winnemucea Tribal Council should be, and is hereby enjoined from taking further action against the Petitioner until such time as a hearing can be held on this matter.ITIS THEREFORE ORDERED, ADJUDGED AND DECREED that the Winnemucca Tribal Council, and any agents acting on their behatf or authority, is hereby enjoined from harassing, entering or communicating with the Petitioner until further order of this Court. ITIS FURTHER ORDERED, ADJUDGED AND DECREED that actions and directions notifying the Petitioner to remove themselves and their property are hereby stayed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Winnemucca Tribal Council, and any agents acting on their behalf or authority, is hereby enjoined from damaging, disabling or otherwise tampering with any utiity meters or service. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a hearing shall be held Cn this matter on June 10, 2019 at 9:00 a.m. at the Humboldt County Courthouse, located at 25 West Sth Street, Winnemucca, NV 89445. IT IS SO ORDERED. i, MAGISTRATE96/23/2013 15:35 7756236438 Ho PeGE a2/a4 . Court Tal Ofer fe ‘Trial Division FILED in |The Office of the Court Clerk of | ‘Western Region INTHE COURT OF INDIAN oFFENses| — MAY 24 2018 FOR THE WESTERN REGION rime Recorded _“B | OO / y h EE. / fa Blo A ) |Court Clerk ) etitioner, ee } Case No.; C\V-\4-WRid 7 ) vs. @ Chair persen, ) . ) ___ tady “RojfO ) ) Respondent. ) - fe ‘init ind/or. it itior tion. \Dokeen Blaws, the above named Petitioner, do hereby petition the Court fora temporary restraining order/or an injunction against the Respondent(s), pursuant to Rule 65 of the Federal Rules of Civil Procedure, and based upon the following statement of facts: OO See Attached NOTICE HAS BEEN: ovided to the Respondent CINot Provided to the Respondent fo notice has been provided, please state why: | REQUEST THE COURT: [Mark any of the following boxes that apply| 10f305/23/2019 16:35 7756236438 HoL, Page 83/04 01. Issue a temporary restraining order requiring the Respondent to: Da, Cease or avoid harassing the Petitioner. [b. Avoid the Petitioner's residence and/or any premises temporarily occupied by the Petitioner. (Oc. Avoid contact that harasses or intimidates the Petitioner Contact includes: contact at petitioner's home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner. S aX Refrain from removing, hiding, damaging, harming, mistreating, or disposing of any property (personal or real). Oe. Avoid contacting the Petitioner or causing any person other than a party's attomey or law enforcement to contact the Petitioner. Ot. Other: Lue, Zee Issuing a Temporary Restral ‘The court may issue a temporary restr the adverse patty of its attorney only if (A) specttic facts in an affidavit or a verified complaint clearly show that immediate and ieparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (6) the movant or movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. ining Order Without Notice. 1g order without written or orel notice to (2. Set a time for hearing on the Petition for an injunction requiring the Respondent to: Da. Cease or avoid harassing the Petitioner. (Ob. Avoid the Petitioner's residence and/or any premises temporarily occupied by the Petitioner. 20305/23/2019 16:35 7756236438 HoL PAGE a4/a4 Uc. Avoid contact at petitioner's home, work, school, public places, in person, by phone, in writing, by electronic communication or ee or in any other manner. 4. Refrain from removing, hiding, damaging, harming, mistreating, or disposing of any property (personal or real). De. Avoid contacting the Petitioner or causing any person other than a party's attorney or law enforcement to contact the Petitioner. Ot. other: O. If the temporary restraining order is denied, the Petitioner requests the Court schedule an injunction hearing. Under penalty of perjury, | hereby acknowledge and consent that the forgoing information is truthful and accurate to the best of my knowledge. sutoor__ Navassa I. 2. es otter or Person fing on beat of Petioner Me aur! Taw Ped or Typed County of: Luwlaatd Subscribed and sworn to before me on this. 20\0. bu Doveen Bou Notary Publie/Cour Offical 2 Name Printed or Typed Paeacege Pine. 775) BX0S- 3/72 30f325/23/2019 16:35 7756236438 Hol PAGE 01/04 IN THE COURT OF INDIAN OFFENSES OF THE WESTERN REGION INSTRUCTION SHEET You may submit the petition the following methods: Email: sophia.torres@bia.gov Fax: (602) 379-4100 Mail: Bureau of Indian Affairs Court of the Indian Offenses of the Western Region PO Box 33097 = Phoenix, Arizona 85067 —_ S For any questions please contact the Court Clerk at (602) 379-6786. (115) 105-3172 Doreen BOM Db Box 1Al3 Lrianemern $99 4S- S more NOS ral