--- Am. Tribal Law ----, 2023 WL 5426756 (Mem)
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Supreme Court of the Cherokee Nation.
Twila PENNINGTON, Appellant,
CASE NO.: SC-2023-01
August 14, 2023
Filed August 23, 2023


Attorneys and Law Firms

Appellant: Chad Smith for Twila Pennington, P.O. Box 11324, Palm Desert, Ca 92211, (918) 453-1707, chad@chadsmith.com.

Appellee: Gregory Calvert for Cherokee Nation, Office of the Attorney General, Cherokee Nation, P.O. Box 1533, Tahlequah, Ok 74465, (918) 453-5421, gregory-calvert@cherokee.org.

Before: Chief Justice John C. Garrett, Justice Shawna S. Baker, Justice Mark L. Dobbins, Justice Rex Earl Starr


Opinion by: Justice Mark L. Dobbins

Hearing was had on the fifteenth day of June, 2003. Appellant Pennington was represented by Chad Smith. Appellee Cherokee Nation was represented by Gregory Calvert.

The crux of this appeal originates from an order filed by Judge Barteaux on January 4, 2023 dismissing Pennington’s complaint finding it was not timely filed. Judge Barteaux’s January 4, 2023 order vacated his previous order of April 27, 2018. The order of January 4, 2023 was done sua sponte by Judge Barteaux without notice to the parties or the opportunity to be heard. From this Pennington appeals.

Argument was heard by this Court from respective counsel. This court was not persuaded by the position taken by Cherokee Nation as to the time the statute runs pursuant to the Whistleblower Act. This Court unanimously finds that Pennington complied with the applicable status of limitations.

This Court hereby vacates the order of the January 4, 2023, dismissing this action and reinstates the order of April 27, 2018.

This case is remanded back to the District Court consistent with this decision.

All Citations
--- Am. Tribal Law ----, 2023 WL 5426756 (Mem)