Case 3:11-cv-00622-RCJ -VPC Document 9 Filed 08/31/11 Page 1 of 11 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 WINNEMUCCA INDIAN COLONY et al., 7 Plaintiffs, 8 vs. 9 10 UNITED STATES OF AMERICA ex rel. DEPARTMENT OF THE INTERIOR et al., 11 Defendants. ) ) ) ) ) ) ) ) ) ) ) 3:11-cv-00622-RCJ-VPC ORDER 12 13 This case arises out of the refusal of the U.S. Department of the Interior (“DOI”) to 14 recognize the current tribal government of the Winnemucca Indian Colony (the “Colony”) and 15 the interference of the Bureau of Indian Affairs (“BIA”) with the Colony’s activities on its own 16 land. Pending before the Court are motions for a temporary restraining order and for a 17 preliminary injunction. For the reasons given herein, the Court grants the motion for temporary 18 restraining order in part. 19 I. FACTS AND PROCEDURAL HISTORY 20 A. Tribal Recognition 21 In 1972, the Colony adopted a constitution pursuant to the Indian Reorganization Act. 22 (Compl. ¶ 1, Aug. 29, 2011, ECF No. 1). In 1986, the Western Nevada Agency of the BIA 23 (“WNA”) took control of the Colony’s assets and withdrew its recognition of the colonial 24 government, (id. ¶ 2), but by 1990 the BIA had recognized a colonial government and returned 25 the Colony’s assets, (id. ¶ 3). That government consisted of Chairman Glenn Wasson and

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