Post by denney on Jan 22, 2011 12:27:28 GMT -5
Judge Lettow appeared promptly at 10:00 AM. After his usual pleasantries and the usual difficulty with the phones and subsequent fix, the hearing began.
There were 4 spectators, 4 friendly lawyers, 4 government lawyers, 1 court reporter, and Judge Lettow in attendance.
Please note: I could not hear the Government’s lead lawyer, Ms. Schwartz. She is pregnant, blonde, and speaks very softly. I spoke to her after the hearing and asked about her voice. She said her soft voice is caused by a medical condition that causes her voice to reverberate inside her head: When we hear a soft voice on the outside on the inside she is shouting. So I got very few notes about what she said.
Judge Lettow: Identify open issues:
1.The amount in Treasury Account plus accrued interest.
2.Group B (Montana’s) must establish who is eligible on the group B and scouts lists, needs to be finalized.
3.We need to have a final judgment on the first 1863 Act necessary to get a final judgment.
4.All telephone participants must have their phones on mute during the hearing, unless they have something to say to the court.
5.Let’s begin.
Ms. Schwartz please have someone ready to step in if you leave. (To have her baby.)
Ms. Schwartz: I will work part-time from home.
Judge Lettow: We will accommodate you. What is the amount of dollars in the accounts by stipulation.
Ms. Schwartz: Unintelligible.
Judge Lettow: You know how much money was disbursed and the date it was disbursed.
Ms. Schwartz: Unintelligible.
Judge Lettow: Clean this case up stipulate to the Dollars.
Erick K: Give us 30 days.
Judge Lettow: Okay, we should do 30 days, but several weeks to set the issue up for summary judgment. Mr. Montana.
Gary M: The first Act of February 1863. Hinman knows who is eligible. Some on the censuses are not eligible.
Judge Lettow: President Lincoln pardoned some.
Eric K: There are legal issues…
Judge Lettow: The individuals who descend from the 1886 and 1888 lists are presumed eligible. The Scouts were not all Mdewakanton.
Ms. Schwartz: The 1886 and 1888 census are acceptable.
Judge Lettow: Let’s think about this.
Gary M: May I approach the bench? (Judge Lettow: Yes.) I have documentary relics that bear upon this issue. Only the 1886 Loyals benefit. I represent the Scout lists (Brown and Elton) some of whom were loyal, but do not appear on any list. The preponderance of evidence should be used to determine who is eligible. We need 30 days to come up with our lists. The McLaughlin roll is much more inclusive.
Judge Lettow: The 1886 list is made up of people “remaining in or moving to.” February 21 is a holiday, February 22, have the…
Ms. Schwartz: (Interrupts) My in-laws are coming in on the 22.
Judge Lettow: Make it the 25th. Porter will take over if Ms. Schwartz is out on maternity leave. Parties will file stipulations and documentation as to persons who are eligible. File for a basis of Summary judgment on the clarifying issues. Schedule for summary judgment: March 18
Erik K: We need more time.
Gary M: We need to make conference calls, etc.
Judge Lettow: March 18. Do you think you can file a response?
Gary M: Those in Group B – Who are qualified and those on the 1886 who are not qualified, I will have to make a list for the court to determine if they are eligible.
Judge Lettow: April 5 is better. The government can file a response and cross-motions.
Judge Lettow: April 29 Responses area due from Erick Kaardal and Gary Montana.
Judge Lettow: May 13. Government cross-motion, reply or response is due.
Hearing date: If the government files a cross-motion then they get time to reply. May 13 date.
File on May 11 and have the hearing on May 13 scheduled.
The 1863 Act
The 1863 Act will use the same schedule: Motion to amend due March 18, 2010. All filings will be carried on the same schedule.
Eric K: Motion to amend by 3/18.
Gary M: March 18 is the argument if the 1863 Act is money-mandating. If you wish to amend your complaint hen 3118 is the motion for summary judgment.
Judge Lettow: We come up with the basis for a final judgment.
Eric K: We need the government’s documents before we file, at least the documents they are going to use.
Judge Lettow: If you file discovery, the government is supposed to work with you. Let’s do the best we can.
Gary M: The core discovery issue is: They sold the land, used funds to purchase the land, and what happened to the money? Under the 1863 Act it says that the land cannot be sold. The money was in a trust. We need to find out where the money went.
Ms. Schwartz: Discovery unintelligible. We need to prove there is money, any documentation will be in the Archives. I do not think it is necessary to find out where the money went.
Judge Lettow: The court will allow discovery on this particular issue. This is not going to be easy.
Ms. Schwartz: Unintelligible. (but seems to be objecting.)
Judge Lettow: You do not have to go back to the Louisiana Purchase. Is there a generic issue then you can do it.
Gary M: We will be specific as possible.
Judge Lettow: There are records there. We have termination then?
Robin Zephier: WE filed in July 2010. I asked in December and want them focus on the 1863.
Judge Lettow: Please coordinate.
Gary M: Joint discovery request
Ms. Schwartz: Unintelligible.
Judge Lettow: Yes.
Judge Lettow: Mr. Kardahl, you have to come up with something that resembles a Trust.
Eric K: Bifurcation of responsibility with respect to liability.
Judge Lettow: Rule 54D – 54B multiple claims. The court does not wish to certify (hesitant). There will be a final judgment by early summer.
Eric K: There are 1886 lineal descendants born later…
Judge Lettow: That issue was addressed at a given point the court can say this is the deadline and that deadline has passed. All are in and there are no more allowed.
Judge Lettow: Is there anything further? Maybe we can get a final judgment this summer. Please. With that Judge Lettow left the courtroom.
-----------------
This is denney
This was notes taken by my Cousin that took the time to do this for us.
There were 4 spectators, 4 friendly lawyers, 4 government lawyers, 1 court reporter, and Judge Lettow in attendance.
Please note: I could not hear the Government’s lead lawyer, Ms. Schwartz. She is pregnant, blonde, and speaks very softly. I spoke to her after the hearing and asked about her voice. She said her soft voice is caused by a medical condition that causes her voice to reverberate inside her head: When we hear a soft voice on the outside on the inside she is shouting. So I got very few notes about what she said.
Judge Lettow: Identify open issues:
1.The amount in Treasury Account plus accrued interest.
2.Group B (Montana’s) must establish who is eligible on the group B and scouts lists, needs to be finalized.
3.We need to have a final judgment on the first 1863 Act necessary to get a final judgment.
4.All telephone participants must have their phones on mute during the hearing, unless they have something to say to the court.
5.Let’s begin.
Ms. Schwartz please have someone ready to step in if you leave. (To have her baby.)
Ms. Schwartz: I will work part-time from home.
Judge Lettow: We will accommodate you. What is the amount of dollars in the accounts by stipulation.
Ms. Schwartz: Unintelligible.
Judge Lettow: You know how much money was disbursed and the date it was disbursed.
Ms. Schwartz: Unintelligible.
Judge Lettow: Clean this case up stipulate to the Dollars.
Erick K: Give us 30 days.
Judge Lettow: Okay, we should do 30 days, but several weeks to set the issue up for summary judgment. Mr. Montana.
Gary M: The first Act of February 1863. Hinman knows who is eligible. Some on the censuses are not eligible.
Judge Lettow: President Lincoln pardoned some.
Eric K: There are legal issues…
Judge Lettow: The individuals who descend from the 1886 and 1888 lists are presumed eligible. The Scouts were not all Mdewakanton.
Ms. Schwartz: The 1886 and 1888 census are acceptable.
Judge Lettow: Let’s think about this.
Gary M: May I approach the bench? (Judge Lettow: Yes.) I have documentary relics that bear upon this issue. Only the 1886 Loyals benefit. I represent the Scout lists (Brown and Elton) some of whom were loyal, but do not appear on any list. The preponderance of evidence should be used to determine who is eligible. We need 30 days to come up with our lists. The McLaughlin roll is much more inclusive.
Judge Lettow: The 1886 list is made up of people “remaining in or moving to.” February 21 is a holiday, February 22, have the…
Ms. Schwartz: (Interrupts) My in-laws are coming in on the 22.
Judge Lettow: Make it the 25th. Porter will take over if Ms. Schwartz is out on maternity leave. Parties will file stipulations and documentation as to persons who are eligible. File for a basis of Summary judgment on the clarifying issues. Schedule for summary judgment: March 18
Erik K: We need more time.
Gary M: We need to make conference calls, etc.
Judge Lettow: March 18. Do you think you can file a response?
Gary M: Those in Group B – Who are qualified and those on the 1886 who are not qualified, I will have to make a list for the court to determine if they are eligible.
Judge Lettow: April 5 is better. The government can file a response and cross-motions.
Judge Lettow: April 29 Responses area due from Erick Kaardal and Gary Montana.
Judge Lettow: May 13. Government cross-motion, reply or response is due.
Hearing date: If the government files a cross-motion then they get time to reply. May 13 date.
File on May 11 and have the hearing on May 13 scheduled.
The 1863 Act
The 1863 Act will use the same schedule: Motion to amend due March 18, 2010. All filings will be carried on the same schedule.
Eric K: Motion to amend by 3/18.
Gary M: March 18 is the argument if the 1863 Act is money-mandating. If you wish to amend your complaint hen 3118 is the motion for summary judgment.
Judge Lettow: We come up with the basis for a final judgment.
Eric K: We need the government’s documents before we file, at least the documents they are going to use.
Judge Lettow: If you file discovery, the government is supposed to work with you. Let’s do the best we can.
Gary M: The core discovery issue is: They sold the land, used funds to purchase the land, and what happened to the money? Under the 1863 Act it says that the land cannot be sold. The money was in a trust. We need to find out where the money went.
Ms. Schwartz: Discovery unintelligible. We need to prove there is money, any documentation will be in the Archives. I do not think it is necessary to find out where the money went.
Judge Lettow: The court will allow discovery on this particular issue. This is not going to be easy.
Ms. Schwartz: Unintelligible. (but seems to be objecting.)
Judge Lettow: You do not have to go back to the Louisiana Purchase. Is there a generic issue then you can do it.
Gary M: We will be specific as possible.
Judge Lettow: There are records there. We have termination then?
Robin Zephier: WE filed in July 2010. I asked in December and want them focus on the 1863.
Judge Lettow: Please coordinate.
Gary M: Joint discovery request
Ms. Schwartz: Unintelligible.
Judge Lettow: Yes.
Judge Lettow: Mr. Kardahl, you have to come up with something that resembles a Trust.
Eric K: Bifurcation of responsibility with respect to liability.
Judge Lettow: Rule 54D – 54B multiple claims. The court does not wish to certify (hesitant). There will be a final judgment by early summer.
Eric K: There are 1886 lineal descendants born later…
Judge Lettow: That issue was addressed at a given point the court can say this is the deadline and that deadline has passed. All are in and there are no more allowed.
Judge Lettow: Is there anything further? Maybe we can get a final judgment this summer. Please. With that Judge Lettow left the courtroom.
-----------------
This is denney
This was notes taken by my Cousin that took the time to do this for us.