IN THE COURT OF INDIAN OFFENSES. FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY [Time Recorded WINNEMUCCA INDIAN COLONY [Court Clerk. Petitioner, Case No: CIV-19-WRIS CIV-19-WRI6 CIV-19-WRI7 CIV-19-WRI8, CIV-19-WRI9 CIV-19-WR20 MYRL AYER, JAMES JAY AYER, STORMY AYER, LINDA AYER, and any other persons known and unknown residing with the Ayer family, and KEVIN DICK and BRIAN DICK, and all other persons residing with or on the premises of the Dick occupation and any other persons known or unknown, and ELENA LOYA, and all persons residing at 1149 Cinnabar St., and LESLIE SMART, JR,, and all persons jing with or on the premises of the Smart occupation and all other persons known or unknown, and DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN, aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN, GILBERT GEORGE, and all persons residing with or on the premises of the Brown occupation and any other persons, known or unknown, residing with the Brown family, except and excluding ALVA BROWN, andALL PERSONS RESIDING AT 232 SOUTH STREET, excepting COLEEN MISSOURI, Lessee, Respondents. SUA SPONTE AMENDED ORDER AND 'T OF MANDAMUS NOW on this 7th day of May, 2020, this matter comes before the Court, sua sponte, for amendment to the Order entered on May 5, 2020. The Court held a status conference this date, Present were Treva Herne, on behalf of the Petitioners; Alexandra Rawlings and Benny Mills on behalf of the Respondents; and the Court of Indian Offenses Prosecutor, Stephanie Whisnant. Being fully advised in the premises, the Court, sua sponte, amends its Order of May 5, 2020 as follows: The Court has worked alongside of the Parties in an attempt to determine the ownership of the property in question, commonly referred to as the Winnemucca Indian Colony, and on May 6, 2020, the Court spoke directly with Bureau of Indian Affairs Realty Specialist and was advised the property is held in trust by the United States on behalf of the Winnemucca Indian Colony Tribe. The Court was further advised that individuals residing on the property do so via lease agreements/assignments. The original lease document dates back several decades and there are likely additional lease assignments to which the BIA Realty Department does not have. The certified copy of the title is expected to be finalized and available in the coming days. ‘The foregoing information has been the most underlying concem for all parties and the Court. The question of who legally owns the Colony has been in dispute and now is answered to the satisfaction of the Court. As to the Onder of May 5, 2020, this Court once again made itself abundantly clear that ALL Orders and directives of the Court are to be followed by ALL parties. The Court is dismayed by Petitioner's admission that they have not adhered to this Court's binding Orders. As such, the Court FINDS and ORDERS that the Winnemucca Indian Colony Tribal Council, as a body subject. to the jurisdiction is in contempt of this Court's Order to remove the J-Rails. Said finding is made by admission of legal Counsel. However, the Court has heard the arguments of Petitioner's Counsel and will allow leave for a motion to reduce sentence of the $500.00 per day civil fine and the Court will allow Counsel to explain why the J-Rails are necessary and how same is related to the COVID-19 pandemic. Therefore, the Court will stay any further fines from accruing until such due no later than close of business on May 8, time as it receives the Pettioner’s pleading whic! 2020.‘The Court is very much aware of the efforts by the Winnemucca Indian Colony Tribal Council to exercise their authority to remove hazards from the Colony. This Court is supportive of that effort, provided that same is done professionally and with eare for individual rights. In that light, the Court is hereby Ordering the Winnemucca Indian Colony Tribal Council to provide a plan of operations on a weekly basis that is to say, the Tribe will provide the Court a plan which specifically states the locations, reasons/justifications, and nature of the work to be performed during that week. This plan will be submitted to the Court and Respondent's Counsel on each Friday, beginning May 8, 2020 no later than close of business. Respondent's Counsel will have until 9 am, (PST) the following Monday to file a written response, if any, to the plan of ‘work. Failure of the Respondents to respond to the plan, will be viewed by the Court as a non- objection to the plan. The Court will approve all legitimate work via an Order. Itis to be understood by the Parties that cleaning up hazardous sites is an inherent right of the Winnemucca Indian Colony Tribe. However, all work shall be done in a manner that is respectful, considerate of individual rights and which does not bridge the peace. To be clear, the Court will not tolerate any threats of violence, or disrespect of one another by either side. All incidents will be treated with the most serious of consequences, including but innemucca tribal members. not limited to removal of individuals who are non-Indian, or non Furthermore, the CFR Prosecutor is directed to work with the Bureau of Indian Affairs Law Enforcement to ensure the criminal laws of the Winnemucca Indian Colony are enforced to the fullest, including those related to property maintenance. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Winnemucca Indian Colony Tribal Council and their representative, Robert McNichols, are specifically fined $500.00 each for contempt with regard to their failure to remove the J-Rails as ordered. The Court will stay any further accrual of the civil fine until such time as it hears from the Petitioner's Counsel. Said pleading isto be filed no later than May 8, 2020 by close of business. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Winnemucca Indian Colony Tribal Council and their representatives and agents are hereby allowed to continue their efforts of clean-up, only by approval of the Court for specific plans submitted by the Tribe. ‘The plan of action shall be submitted each Friday by close of business to both the Court and ‘opposing counsel. Opposing counsel will have until 9 a.m on the following Monday to object and state its specific objections. The Court will make an immediate decision as to the specifics of the work plan. It is noted that unless there is good cause to the contrary, or there is potential for a violation of individual rights, the Court will be approving all plans that are reasonable.IT 1S FURTHER ORDERED, ADJUDGED AND DECREED that the Prosecutor is to ‘work with the Bureau of Indian Affairs Law Enforcement to enforce the criminal proceedings of the Winnemucca Indian Colony Tribe with regard to property. Any individual property that is cited for a violation of the eriminal laws will be adjudicated with a remedy wiich includes directing the Tribal Council to utilize its grant funds to clean up the property. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Winnemucca Indian Colony Tribal Council has advised it does not intend to eviet any persons until such time as the National Pandemic, COVID-19, is over and therefore, the Court will stay the eviction proceedings in this mater. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Counsel for all parties are to work to identify the status of the leases/assignments of each individual property prior to this Court’s consideration of the eviction matter, IT 1S FURTHER ORDERED, ADJUDGED AND DECREED that all parties are directed to work cooperatively toward the same end which is to make the Winnemucca Indian Colony a safe and habitable place. {TIS SO ORDERED. MARSHA HARLAN, CHIEF MAGI