6/18/2020
National Indian Law Library (NILL)
Get Indian Law news delivered to your inbox
EMAIL ADDRESS
SIGN ME
UP
NATIVE AMERICAN RIGHTS FUND
DONATE today
NATIONAL INDIAN
LAW
LIBRARY
INDIAN LAW BULLETINS
TRIBAL LAW GATEWAY
RESEARCH GUIDES
RESEARCH HELP
ABOUT NILL
CATALOG
INDIAN LAW BULLETINS | FEDERAL COURTS |WINNEMUCCA INDIAN COLONY V. UNITED
STATES OF AMERICA, DEPARTMENT OF THE INTERIOR
2019 WL 320560
Only the Westlaw citation is currently available.
United States District Court, D. Nevada.
WINNEMUCCA INDIAN COLONY et al., Plaintiffs,
v.
UNITED STATES OF AMERICA ex rel. DEPARTMENT OF THE INTERIOR et al., Defendants.
3 11-cv-00622-RCJ-CBC
|
Filed 01/24/2019
ORDER
ROBERT C. JONES United States District Judge
This case arises out of the refusal of the Bureau of Indian Affairs (“BIA”) to recognize a tribal
government of the Winnemucca Indian Colony. The Court ordered the BIA to recognize an
interim chairman and ultimately acknowledged the results of tribal enrollment, elections, and
litigation relating thereto. Plaintiffs Winnemucca Indian Colony and Judy Rojo have now asked
the Court to award attorney’s fees under the Equal Access to Justice Act (“EAJA”). 28 U.S.C. §
2412.
Plaintiffs are clearly the prevailing party. They requested injunctive and declaratory relief
concerning the tribal leadership and received it. The Colony is eligible for an EAJA award if its
net worth did not exceed $7,000,000 and if it had no more than 500 employees at the time of
ling. Id. at § 2412(d)(2)(B)(ii). Plaintiffs have the burden of proof. Thomas v. Peterson, 841 F.2d
332, 337 (9th Cir. 1988). The Court accepts Judy Rojo’s af davit verifying the relevant facts, (Rojo
Aff., ECF No. 305-1, at 1), and rejects the BIA’s argument that Rojo’s declaration is not valuable
because she was not the chairperson at the time of ling (and therefore lacks personal
knowledge of the Colony’s net worth at that time). There is no reason why such knowledge
would be exclusive to the chairperson, and the BIA does not even suggest who the proper
chairperson to inquire of would be. Rojo has attested to the relevant facts under oath, and the
https://narf.org/nill/bulletins/federal/documents/winnemucca_v_us_doi.html
1/4