IN THE JUDICIAL APPEALS TRIBUNAI
                                                                  OF THE CHEROKEE NATION

LUCY ALLEN,                                                        )
Petitioner,                                                                )
                                                                                 )                                  JAT-04-09
                                                                                 )               
CHEROKEE NATION                                          )
TRIBAL COUNCI, et al.,                                      ) 
Defendants                                                              )   

                                              
                                                 MOTION FOR SUMMARY JUDGMENT

Comes now Lucy Allen, by and through her appointed lay advocate David Allen
Comsilk, and prays for the Honorable Court to grant Summary Judgment against the
Defendants named in this case.

Notwithstanding Plaintiffs filing of a Response to Motion to Dismiss on October
22, 2004, Plaintiff alleges that all of the Defendants in this case have ignored the
legitimate order of this Court to respond to this filing on or before the 5th day of October,
2004.

Defendants Le
la Ummerteskee, Registrar and the Registration Committee filed a
Motion to Dismiss on October 8th. 2004, a full three days after the date set by the
Honorable Darrell Dowty, Chief Justice of the Judicial Appeals Tribunal. Further,
Defendants Lela Ummerteskee, Registrar and the Registration Committee have failed to
file an official response to the allegations in Plaintiffs petition. As of the date of this
filing, Cherokee Nation Tribal Council has failed to respond.

Plaintiff, Lucy Allen never received a copy of the NOTICE filed by the
Honorable Darrell Dowty on September 24, 2004. The Court's attention is drawn to the
Certificate of Mailing on said Notice, which shows it was mailed or faxed to the
Cherokee Nation Justice Department and Todd Hembree, and no one else.

The Order commanded that a copy be mailed to "all parties and/or their attorney of record..."
Had Plaintiff received the Notice, a Motion for Summary Judgment would have been filed
immediately following the end of the generous 10 days to respond given the Defendants.

Plaintiff further prays that the Court will order Defendants and other interested parties to
mail copies of all filings to Plaintiff Lucy Allen and her appointed lay advocate, David
Alien Comsilk.

Plaintiff, Lucy Allen is aware that, in accordance with the rules of the Judicial
Appeals Tribunal, a Motion to Dismiss can be filed at any time during the term of a case
prior to its final adjudication and that motion takes precedence over all other motions.
Plaintiff does not fear the allegations in Defendants' motion and that is why she
responded.

Plaintiff has faith in the wisdom of the Cherokee Judiciary that the long and
honorable record of court cases which have been heard by the JAT are proof that
sovereign immunity was waived by the Cherokee people through the Constitution of
1976. Further, Plaintiff is aware that a ruling of sovereign immunity would virtually
destroy the ability of the Cherokee courts to hear and adjudicate disputes arising under
the terms of the Constitution and laws of the Cherokee Nation and is confidant that the
Justices of the JAT will not emasculate the Court just so that this one case will not be
heard on its merits.

In accordance with the rules of the Judicial Appeals Tribunal and the laws of the
Cherokee Nation, Plaintiff Lucy Allen is entitled to Summary Judgment and she prays
this Honorable Court to find that the Statutes enumerated in her original and
supplemental petitions are unconstitutional on their face and therefore void.
 

                                                                                            ___________________
                                                                                             David Allen Comsilk
                                                                                              5925 E. 33rd Court
                                                                                              Tulsa, OK 74135

                 
                                                                          Certificate of Mailing

I, David Allen Comsilk, hereby certify that on the 22nd day of
October, 2004,1 mailed a true and correct copy of the foregoing Response to
Motion to Dismiss, via first-class mail with sufficient postage prepaid
thereon, to: Richard Osbum. Cherokee Nation Department of Justice, Todd
Hembree, Cherokee Nation Council House, Cherokee Nation Tribal Council,
all at the same address of P.O. Box 948, Tahlequah, OK 74465.
 
David Allen Comsilk