NO.: CV-S-97-327-HDM (RLH)
WESTERN SHOSHONE NATIONAL COUNCIL
by its Chief, Raymond D. Yowell, and
CHIEF RAYMOND D. YOWELL as Representative of
the Class of Shoshone Persons,
UNITED STATES OF AMERICA;
Department of the Interior, Secretary BRUCE BABBITT,
JULIE FAULKNER, ROBERT LAIDLAW;
Bureau of Land Management, ANN J. MORGAN, HELEN HANKINS; and
ORO NEVADA RESOURCES, INC.; its parents,
affiliates, subsidiaries, successors, assigns, etc.,
Plaintiffs hereby move pursuant to FRCP 65 as follows;
1. Plaintiffs' Complaint was filed March 20, 1997, naming as defendants, inter alia, the United States Bureau of Land Management (BLM), and BLM agents Ann. J. Morgan and Helen Hankins.
2. Plaintiff's Complaint alleges, among other matters, that the BLM has engaged in a continuing pattern of interference with Western Shoshone "livelihood and way of life," by attempts to enforce grazing regulations on Western Shoshone cattle ranchers.
3. During the telephonic "meet and confer" on September 23, l997, pursuant to Local Rule 26-1, United States Attorney, Margo D. Miller, and Plaintiff Raymond Yowell discussed this issue and the possibility for disclosure of relevant information in regard thereto.
4. BLM grazing regulations have been the subject of discussion and negotiation between the parties prior to the filing of this Complaint, and the refusal of BLM to meet and negotiate on these issues was a proximate cause for filing this Complaint.
5. Since the filing of this Complaint, on at least two occasions, BLM officials have sent notices to Plaintiffs of "unauthorized use," "order to remove," and "intent to impound."
6. Since the filing of this Complaint, on several occasions, BLM officials in the field have approached individual Plaintiffs and, using the previously issued notices and threats of large fines, have attempted to coerce these individuals into acquiescence to BLM authority.
7. Said BLM actions are threatening to the livelihood of the Plaintiffs and appear to be calculated to dissuade Plaintiffs from seeking due process through the orderly prosecution of this Complaint.
8. In the past, BLM grazing regulations have been enforced with paramilitary forces, and have been the occasion for civil disobedience and community disruptions, causing Plaintiffs additional anxiety in the face of the present threatening actions of said BLM officials,
9. At no time has United States Attorney, Margo D. Miller, evidenced any attempt to circumvent the orderly administration of this Court; but she has apparently been unable to restrain those certain Officers and Agents of the BLM, parties Defendant in this action, which disrespect the orderly administration of this Court by undermining Plaintiffs rights to Due Process.
10. As stated above, the particulars of the dispute between the Plaintiffs and BLM have been ongoing for many years, and the issuance of a Preliminary Injunction against BLM pending the judicial resolution of this dispute will not result in the occurrence or sufferance of any costs or damages by the BLM and/or the United States.
WHEREFORE PLAINTIFFS PRAY THAT:
1. This Court issue a Preliminary Injunction:
2. That this Court issue said Preliminary Injunction without the requirement of security on the Bond of Plaintiffs.
Dated: January , l998
Raymond D. Yowell, Chief
Allen Moss, Sub-Chief
Virginia Sanchez, Secretary of State & Treasurer
Western Shoshone National Council
Indian Springs, NV 89018