FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
POPLAR, MONTANA
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ORDER OF REMAND
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Pending before this Court is a Notice of Appeal filed by the Plaintiff's Attorney, Arnie A. Hove, dated January 2, 1996. Attorney Hove appeals from the Tribal Court's Order dated December 4, 1995 which imposed a sanction of attorney fees against him individually pursuant to Rule 37(d), F.R.Civ.P. This sanction awarded reasonable attorney fees relating to the cancellation of the scheduled deposition of Carrie Kennedy on August 29, 1995, as well as the scheduled depositions of Carrie Kennedy and Kara Red Dog on September 13, 1995.

By order of this Court, oral argument was heard on the matter in Poplar, Montana on December 6, 1996. Plaintiff appeared before the Court and was represented by her counsel of record, Arnie A. Hove. Defendants Rusche, Matthews, Hilde and Grainger likewise appeared and were represented by their attorney, Robert J. Savage. Counsel have briefed the matter and all briefs and memoranda have been reviewed by the Court.

ACCORDINGLY, UPON HEARING oral argument and having read the briefs and memoranda submitted by Counsel, this appeal is remanded to the Tribal Court with the following ordered instructions:

IT IS HEREBY ORDERED that the Tribal Court's Order dated December 4, 1995 granting Defendants' Motion for Sanctions against Attorney Arnie Hove pursuant to Rule 37(d), F.R.Civ.P, is stayed pending the Tribal Court's final disposition of this matter.

IT IS FURTHER ORDERED that before proceeding any further with the merits of this case, the Tribal Court appoint a guardian ad litem to represent the interests of the Plaintiff Carrie Kennedy throughout the pendency of this action.

IT IS FURTHER ORDERED that the Tribal Court enter an Order directing the attorneys for all parties to attend a preliminary pre-trial scheduling conference on a mutually convenient date so as to assist the Tribal Court in entering its pre-trial order which shall set dates (a) to join other parties and to amend the pleadings; (b) to complete discovery, including deadlines for depositions, the propounding of interrogatories and the calling of expert witnesses; (c) to file and hear motions as to jurisdictional issues; (d) to file and hear other pre-trial motions, including motions in limine; (e) for a settlement conference prior to the commencement of discovery; (f) for a settlement conference after all discovery is had; and whether this action shall proceed to a bench trial or to a trial by jury.

DATED this 27th day of December, 1996.

BY THE COURT OF APPEALS:

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Gary M. Beaudry, Chief Justice

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