Todecheene

AMENDED ORDER

The order filed February 1, 2007, is hereby amended. The entire text shall be replaced with the following text.

Joe and Mary Todecheene’s Petition for Rehearing is GRANTED in part.

The opinion in this case, Ford Motor Company v. Todecheene, 394 F.3d 1170 (9th Cir.2005) is WITHDRAWN.

The tribal court did not “plainly” lack jurisdiction under the second exception, recognized in Montana v. United States, 450 U.S. 544, 565 , 101 S.Ct. 1245 , 67 L.Ed.2d 493 (1981), to the general rule that tribes do not have jurisdiction over non-members. See Boozer v. Wilder, 381 F.3d 931, 935 (9th Cir.2004) (requiring exhaustion unless the tribal courts plainly lack jurisdiction). As such, the appeal is stayed until Ford exhausts its appeals in the tribal courts. The panel retains jurisdiction over the appeal. Ford will be deemed to have exhausted its tribal remedies once the Navajo Nation Supreme Court either resolves the jurisdictional issue or denies a petition for discretionary interlocutory review pursuant to Navajo Nation Code tit. 7, § 303 (“The Supreme Court [of the Navajo Nation] shall have the power to issue any writs or orders ... [t]o prevent or remedy any act of any…