Case: Cross v. Fox

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT against Judy Brugh, Fred Fox, Mark Fox, Monica Mayer, Mervin Packineau, Randy Phelan, Cory Spotted Bear (Filing fee $400, receipt number 120001102) filed by Marilyn Hudson, Raymond Cross. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A- Election Board Rejection Letter, # 3 Exhibit B- MHA Supreme Court Order, # 4 Exhibit C- Affidavit of Raymond Cross (Unsigned), # 5 Exhibit D- Asst Sec. Of Interior D'Ewart Letter, # 6 Exhibit E- Price 4.27.20 Letter to Fox, # 7 Exhibit F-TAT Corporate Charter, # 8 Exhibit G- 2020 TAT Election Notice, # 9 Exhibit H- Cross's COVID-19 Test Result, # 10 Affidavit of Lawrence King)(mf) (Entered: 09/29/2020)

1 Civil Cover Sheet

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2 Exhibit A- Election Board Rejection Letter

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3 Exhibit B- MHA Supreme Court Order

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4 Exhibit C- Affidavit of Raymond Cross (Unsigned)

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5 Exhibit D- Asst Sec. Of Interior D'Ewart Letter

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6 Exhibit E- Price 4.27.20 Letter to Fox

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7 Exhibit F-TAT Corporate Charter

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8 Exhibit G- 2020 TAT Election Notice

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9 Exhibit H- Cross's COVID-19 Test Result

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10 Affidavit of Lawrence King

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NOTICE of Direct Assignment as to Raymond Cross. Consent/Reassignment Form due by 10/13/2020. (mf) (Entered: 09/29/2020)

NOTICE of Direct Assignment as to Marilyn Hudson. Consent/Reassignment Form due by 10/13/2020. (mf) (Entered: 09/29/2020)

Summons Issued as to Judy Brugh, Fred Fox, Mark Fox, Monica Mayer, Mervin Packineau, Randy Phelan, Cory Spotted Bear. (mf) (Entered: 09/29/2020)

MOTION for Declaratory Judgment and Injunctive Relief by Raymond Cross, Marilyn Hudson. (King, Lawrence) (Entered: 09/29/2020)

MEMORANDUM in Support re 5 MOTION for Declaratory Judgment, 9 MOTION for Preliminary Injunction filed by Raymond Cross, Marilyn Hudson. (Attachments: # 1 Exhibit A - Election Board Rejection Letter, # 2 Exhibit B - Eligible TAT Voters, # 3 Exhibit C - Time, Travel Costs, # 4 Exhibit D - NDSU Fiscal Analysis)(King, Lawrence) Modified on 9/30/2020 to add link. (js) (Entered: 09/29/2020)

1 Exhibit A - Election Board Rejection Letter

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2 Exhibit B - Eligible TAT Voters

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3 Exhibit C - Time, Travel Costs

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4 Exhibit D - NDSU Fiscal Analysis

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AFFIDAVIT of Lawrence E. King re 6 MEMORANDUM in Support, by Raymond Cross, Marilyn Hudson. (King, Lawrence) (Entered: 09/29/2020)

MOTION Requesting Oral Argument by Raymond Cross, Marilyn Hudson. (King, Lawrence) (Entered: 09/29/2020)

MOTION for Preliminary Injunction by Raymond Cross, Marilyn Hudson. See Document filed at 5 . (js) (Entered: 09/30/2020)

DOCKET CORRECTION re: 5 MOTION for Declaratory Judgment. Multiple relief document filed as one relief. Clerks Office filed MOTION for Preliminary Injunction at 9 . (js)

SUMMONS Returned Executed by Marilyn Hudson, Raymond Cross. Fred Fox served on 10/2/2020, answer due 10/23/2020 (King, Lawrence) (Entered: 10/05/2020)

SUMMONS Returned Executed by Marilyn Hudson, Raymond Cross. Mark Fox served on 10/2/2020, answer due 10/23/2020 (King, Lawrence) (Entered: 10/05/2020)

SUMMONS Returned Executed by Marilyn Hudson, Raymond Cross. Cory Spotted Bear served on 10/1/2020, answer due 10/22/2020 (King, Lawrence) (Entered: 10/07/2020)

SUMMONS Returned Executed by Marilyn Hudson, Raymond Cross. Mervin Packineau served on 10/3/2020, answer due 10/26/2020 (King, Lawrence) (Entered: 10/07/2020)

SUMMONS Returned Executed by Marilyn Hudson, Raymond Cross. Monica Mayer served on 10/2/2020, answer due 10/23/2020 (King, Lawrence) (Entered: 10/08/2020)

SUMMONS Returned Executed by Marilyn Hudson, Raymond Cross. Randy Phelan served on 10/11/2020, answer due 11/2/2020 (King, Lawrence) (Entered: 10/12/2020)

SECOND NOTICE of Direct Assignment as to Raymond Cross. Consent/Reassignment Form due by 10/26/2020. (mf) (Entered: 10/19/2020)

SECOND NOTICE of Direct Assignment as to Marilyn Hudson. Consent/Reassignment Form due by 10/26/2020. (mf) (Entered: 10/19/2020)

CONSENT/REASSIGNMENT FORM by Raymond Cross, Marilyn Hudson. (jb) (Entered: 10/19/2020)

(Text Only) ORDER REASSIGNING CASE to Judge Daniel M. Traynor and referring to Magistrate Judge Clare R. Hochhalter for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer the presiding Judge assigned to the case by Chief Judge Peter D. Welte.(jb) (Entered: 10/19/2020)

MOTION to Dismiss for Lack of Jurisdiction by Judy Brugh, Fred Fox, Mark Fox, Monica Mayer, Mervin Packineau, Randy Phelan, Cory Spotted Bear. (Breuer, Peter) (Entered: 10/26/2020)

MEMORANDUM in Support re 20 MOTION to Dismiss for Lack of Jurisdiction filed by Judy Brugh, Fred Fox, Mark Fox, Monica Mayer, Mervin Packineau, Randy Phelan, Cory Spotted Bear. (Attachments: # 1 *RESTRICTED - WRONG DOCUMENT ATTACHED* Exhibit MHA Nation Constitution and Bylaws)(Breuer, Peter) Modified on 10/27/2020 to restrict access to attachment. (rh) (Entered: 10/26/2020)

E-Filing Modification Request re 21 MEMORANDUM in Support (rh) (Entered: 10/27/2020)

ORDER by Judge Daniel M. Traynor denying as moot 5 Motion for Declaratory Judgment; denying as moot 8 Motion Requesting Oral Argument ; denying as moot 9 Motion for Preliminary Injunction; granting 20 Motion to Dismiss for Lack of Jurisdiction. This case is DISMISSED without prejudice. (KC) (Entered: 10/28/2020)

CLERK'S JUDGMENT in favor of Cory Spotted Bear, Fred Fox, Judy Brugh, Mark Fox, Mervin Packineau, Monica Mayer, Randy Phelan against Marilyn Hudson, Raymond Cross. The matter is dismissed without prejudice.(rh) (Entered: 10/28/2020)

NOTICE OF APPEAL as to 24 Clerk's Judgment, 23 Order on Motion for Declaratory Judgment,, Order on Motion for Miscellaneous Relief,, Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss/Lack of Jurisdiction, by Raymond Cross, Marilyn Hudson. Filing fee $505, Receipt #ANDDC-2069585. (King, Lawrence) Modified on 11/19/2020 to add receipt number (cjs). (Entered: 11/19/2020)

Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re 25 Notice of Appeal, (cjs) (Entered: 11/19/2020)

USCA Case Number 20-3424 for 25 Notice of Appeal. (mf)

USCA JUDGMENT as to 25 Notice of Appeal, filed by Raymond Cross, Marilyn Hudson. Dismissal of Cross's claims is affirmed. (Attachments: # 1 Court of Appeals Opinion)(jb) (Entered: 01/14/2022)

1 Court of Appeals Opinion

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MANDATE of USCA as to 25 Notice of Appeal, filed by Raymond Cross, Marilyn Hudson (mf) (Entered: 02/04/2022)