DeMoss Files Motion To Strike Hearing & Amend His Petition

Filed With JAT Feb. 05, 1998
8:00 A.M.

IN THE JUDICIAL APPEALS TRIBUNAL
OF THE CHEROKEE NATION

HAROLD J. DeMOSS, in his official capacity as a Council Member of the Cherokee Nation of Oklahoma.

Plaintiff,

vs. Case No. JAT 98-03-B

JOE BYRD, JENNIE BATTLES,
JAMIE HUMMINGBIRD, AND ERVIN ROCK,

Defendants.

-and-

HAROLD J. DeMOSS, in his official
capacity as a Council Member of
the Cherokee Nation of Oklahoma

Plaintiff,

vs.

JOE BYRD, JENNIE BATTLES,
JOHN UZZO, and GEORGE THOMAS

Defendants.

ORDER

On February 5, 1998, Harold DeMoss, plaintiff in this action, filled a motion to strike the hearing in this matter which is set for February 5, 1998, at 10 a.m., and to amend his petition. In addition, Harold DeMoss also requested ten (10) days to file an amended petition. On the same date, Rex Earl Starr and Janice Walters Purcell, attorneys for the Cherokee Nation, entered a special appearance objecting to the relief requested by Plaintiff, Harold DeMoss.

At this point, the Judicial Appeals Tribunal (Supreme Court) of the Cherokee Nation has no choice but to strike the hearing which was set for February 6, 1998, at 10:00 a.m., which will be reset for a later date. Moreover, Plaintiff, Harold DeMoss, is directed to respond to the objection filed by Rex Earl Starr and Janice Walters Purcell, by February 11, 1998, by 5:00 o’clock p.m.

Lisa Fields and Gina Waits are ORDERED AND DIRECTED to fax and deliver a copy of this Order to all attorneys of record.

The temporary restraining order entered on January 31, 1998, SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL FURTHER ORDER OF THIS COURT.

IT IS SO ORDERED on this 5th day of February, 1998

/S/ DWIGHT W. BIRDWELL, JUSTICE
OF THE CHEROKEE NATION