United States District Court, D. Montana, Billings Division
IN RE ROBERTS LITIGATION; (This document relates to all actions)
For Sherri Roberts, Plaintiff: Elizabeth J. Honaker, LEAD ATTORNEY, HONAKER LAW FIRM, Billings, MT.
For Randy Elliot, Jim Scott, Hawk Haakanson, Defendants: Timothy J. Cavan, LEAD ATTORNEY, OFFICE OF THE U.S. ATTORNEY, Billings, MT.
MEMORANDUM AND ORDER
SAM E. HADDON, United States District Judge.
INTRODUCTION AND BACKGROUND
This matter came on for hearing on March 2, 2015, on the federal defendants' motion for summary judgment as to all claims in Cause Nos. CV 13-26-BLG-SEH
(Doc. 32) and CV 14-16-BLG-SEH (Doc. 6). The federal defendants were represented by Timothy J, Cavan, Esq. Plaintiff was represented by Elizabeth J. Honaker, Esq.
The following facts are not in dispute:
1. The plaintiff, Sherri Roberts (" Roberts" ), was a resident of Rosebud County, Montana, and lived within the exterior boundaries of the Northern Cheyenne Indian Reservation. (Doc. 34 at ¶ 1.)
2. Roberts is a non-Indian person. (Doc. 34 at ¶ 8.)
3. In 2009, Roberts became involved in a dispute with the Northern Cheyenne Tribe regarding the occupancy of Tribal lands. (Doc. 34 at ¶ 2.)
4. Roberts was ultimately charged in Northern Cheyenne Tribal Court with trespass for allegedly failing to vacate the property. (Doc. 34 at ¶ 3.)
5. Rule 9(B)(3) of the Northern Cheyenne Code of Criminal Rules provides, in part:
If the defendant is a non-Indian, the Court shall explain his right to assert lack of personal jurisdiction of the Court over the defendant in a criminal action. If the defendant affirmatively elects to waive personal jurisdiction, the action shall proceed as if the defendant were an Indian. If the non-Indian defendant does not affirmatively waive the lack of personal jurisdiction, the action shall become a civil action to exclude the defendant from the Reservation. . . . The defendant may assert or waive lack of jurisdiction at any time prior to the start of trial.
(Doc. 34 at ¶ 6.)
6. Roberts was served with a copy of the complaint and summons, and she appeared before the Tribal Court with her retained Tribal Court advocate on April ...