|
|
Post by mdenney on Jan 24, 2008 12:41:51 GMT -5
Who ever posted this did not even post along with it the dates??
lol...
|
|
|
|
Post by denney on Jan 29, 2008 17:44:58 GMT -5
Notes by Erick G. Kaardal January 29, 2008 Dear all: Greetings. Yesterday, we filed the following documents in the Federal Circuit: (1) Wolfchild Respondents' Reply Memorandum Regarding Their Judicial Estoppel Motion; and (2) Wolfchild Respondents' Response to United States' Motion for Delayed Briefing and Request for Expedited Scheduling. I have linked them to this webpage under "Federal Circuit Motions and Brief." If you want to be up-to-date on the appeal, I recommend you read these briefs and the related briefs -- also linked under "Federal Circuit Motions and Briefs." As soon as we get a Court decision on the various motions, we will post the information here. Best regards. egk www.mklaw.com/mdewakanton.htm-------- Federal Circuit Motions and Briefs Wolfchild Respondents' Reply Memorandum Regarding Their Judicial Estoppel Motion www.mklaw.com/documents/replybrief_000.pdf------------------- Wolfchild Respondents' Response to United States' Motion for Delayed Briefing and Request for Expedited Scheduling www.mklaw.com/documents/ResponseBrief.pdf |
|
|
|
Post by denney on Feb 5, 2008 20:05:50 GMT -5
Notes by Erick G. Kaardal February 5, 2008 Dear all: Greetings. Yesterday, we received the following document which we have linked under "Federal Circuit Motions and Brief": Reply of Defendant-Appellant United States in Support of Motion to Suspend Briefing Pending Resolution of Plaintiffs-Appellees' Motion for Application of Judicial Estoppel and Alternative Motion to Strike. All the memoranda regarding the judicial estoppel motion are now filed so await the Court's decision. As to the briefs on the merits of the certified questions nos. 1 and 2, the United States' brief is due on February 11, 2008. However, recall that the Federal Circuit in light of the pending motions may postpone that deadline a bit. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm============= Reply of Defendant-Appellant United States in Support of Motion to Suspend Briefing Pending Resolution of Plaintiffs-Appellees' Motion for Application of Judicial Estoppel and Alternative Motion to Strike. link below- www.mklaw.com/documents/USReplyinSptofMtoSuspendBriefing13108.pdf |
|
|
|
Post by denney on Feb 14, 2008 23:24:53 GMT -5
Notes by Erick G. Kaardal February 14, 2008 Dear all: Greetings. Despite the February 11, 2008 deadline, the United States has not yet filed its appellant's brief. As soon as we get one, we will post it on this website. For further background, please read the United States' motions to suspend and delay briefing and Wolfchild Plaintiffs' response to these motions -- including expedited briefing. Thank you. egk www.mklaw.com/mdewakanton.htm========== Same as the above post below here- Reply of Defendant-Appellant United States in Support of Motion to Suspend Briefing Pending Resolution of Plaintiffs-Appellees' Motion for Application of Judicial Estoppel and Alternative Motion to Strike. www.mklaw.com/documents/USReplyinSptofMtoSuspendBriefing13108.pdf |
|
|
|
Post by denney on Mar 1, 2008 4:13:15 GMT -5
Notes by Erick G. Kaardal February 29, 2008 Dear all: Greetings. Today, I received the U.S. Court of Appeals for the Federal Circuit order denying Wolfchild Plaintiffs' motion for application of judicial estoppel. I have linked the court order under "Federal Circuit and Related Orders" in the right hand column. The next step is the government's brief on the merits is due on April 11, 2008. Then, I will file a response brief. After the government's reply brief is filed, the hearing will be scheduled -- likely this summer. Thank you for your patience. egk ------------ Federal Circuit and Related Orders Order Denying Motion to Apply Judicial Estoppel www.mklaw.com/documents/OrderreEstoppel22608.pdf |
|
|
|
Post by denney on Mar 13, 2008 18:15:17 GMT -5
Notes by Erick G. Kaardal March 13, 2008 Dear all: Greetings. As you know, the Wolfchild case is stayed in the U.S. Court of Federal Claims until the certified interlocutory appeal is resolved by the U.S. Court of Appeals for the Federal Circuit. The two certified questions to be resolved involve the existence of a pre-1980 trust and, if there was a pre-1980 trust, whether the 1980 act was a trust termination act. The brief schedule is approximately the following: April 11, 2008 -- U.S. Brief May 23, 2008 -- Wolfchild Plaintiffs' Brief June 9, 2008 -- U.S. Reply Brief Only the April 11, 2008 date is confirmed due to the court's service rules. The other dates may change a few days either way. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm |
|
|
|
Post by mdenney on Mar 13, 2008 19:50:23 GMT -5
wait...
|
|
|
|
Post by denney on Apr 12, 2008 19:41:42 GMT -5
Federal Circuit Briefs by Mohrman&Kaardal Notes by Erick G. Kaardal April 12, 2008 Dear all: Greetings. Please find under "Federal Circuit Briefs" the opening appellate brief of the United States. The next step is the filing of the response brief on or about May 20, 2008. The United States will have a chance to reply. After that, a hearing in Washington, D.C, will be held before a three-judge panel which will issue a decision. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm--------- United States' Appellant Brief Dated April 11, 2008 www.mklaw.com/documents/WolfchildBrief.pdf |
|
|
|
Post by denney on Apr 22, 2008 18:51:56 GMT -5
April 22, 2008 Dear all: Greetings. Please find under "Federal Circuit Briefs" two documents filed by Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community in the U.S. Court of Appeals on April 18, 2008. The first document is a motion to file a friend of the court brief. The second document is the proposed brief. The Wolfchild Plaintiffs' response brief is due on May 28, 2008. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm---------------------- SMSC and PIIC Motion to File Amici Curiae Brief www.mklaw.com/documents/SMSCMotion.pdf---------------------------- SMSC and PIIC Proposed Amici Curiae Brief www.mklaw.com/documents/SMSCBrief.pdf |
|
|
|
Post by denney on May 8, 2008 15:55:05 GMT -5
Notes by Erick G. Kaardal May 8, 2008 Dear all: Greetings. Please find under "Federal Circuit Motions and Briefs" a copy of the Wolfchild Plaintiffs' Motion to extend the brief deadline from May 28, 2008 to June 27, 2008 and to extend the page limit. If granted, the response brief of the Wolfchild Plaintiffs as well as for the rest of the appellees will be due on June 27, 2008. Thank you for your patience. Best regards. egk www.mklaw.com/mdewakanton.htm------------ Federal Circuit Motions and Briefs Wolfchild Plaintiffs' Motion for Extension of Brief Deadline and Word Limits Dated May 5, 2008 www.mklaw.com/documents/MotionforExtension5508.pdf |
|
|
|
Post by denney on May 28, 2008 12:24:03 GMT -5
Notes by Erick G. Kaardal May 27, 2008 Dear all: Greetings. The United States Court of Appeals for the Federal Circuit has issued an order: (1) granting permission for Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community to file an amici curiae brief; (2) granting an extension for the appellees' briefs to be filed by June 27, 2008; and (3) granting an extension for the United States to file its reply brief by July 18, 2008. A copy of the order is found under "Federal Circuit Orders." Thank you. egk www.mklaw.com/mdewakanton.htm-------------- Federal Circuit Orders Order Regarding Brief Deadline Extensions Dated May 21, 2008 link below- www.mklaw.com/documents/FederalCircuitOrder.pdf |
|
|
|
Post by denney on Jul 1, 2008 20:44:12 GMT -5
Notes by Erick G. Kaardal June 30, 2008 Dear all: Greetings. Please find attached the following briefs: (1) Plaintiffs' - Appellees' brief; and (2) Lower Sioux Indian Community brief. I recommend reading them side-by-side with the government's brief and SMSC-PIIC amici curiae brief. Thank you for your patience. Best regards. egk www.mklaw.com/mdewakanton.htm-------------------- Federal Circuit Briefs Plaintiffs-Appellees Brief Dated June 27, 2008 link below- Plaintiffs-Appellees Brief Dated June 27, 2008 --------------------- Federal Circuit Briefs Lower Sioux Indian Community Brief Dated June 27, 2008 link below- www.mklaw.com/documents/LowerSiouxAppellateBrief.pdf |
|
|
|
Post by denney on Jul 22, 2008 22:35:56 GMT -5
Notes by Erick G. Kaardal July 21, 2008 Dear all: Greetings. The United States has requested an additional 40 days to file its reply brief in the U.S. Court of Appeals for the Federal Circuit. We have opposed this motion. As soon as we find out how the Court rules, we will post the court order on this website. Best regards. egk www.mklaw.com/mdewakanton.htm---------- |
|
|
|
Post by denney on Jul 28, 2008 18:12:07 GMT -5
Notes by Erick G. Kaardal July 28, 2008 Dear all: Greetings. Although it does not involve any of the anonymous plaintiffs represented by Mohrman & Kaardal, P.A., I need to update you on developments regarding a hearing in the U.S. Court of Federal Claims regarding disclosure of identity of certain anonymous plaintiffs to SMSC. Since some of the proceedings are occuring in private, due to confidentiality of the people involved, I will just provide you with the documents which is all I know. I have placed the documents in the right hand column under SMSC/Anonymous Plaintiffs issue. Thank you. Best regards. egk ------------------------------------- SMSC/Anonymous Plaintiffs Issue --------------------------------------- SMSC Letter Filed June 25, 2008 www.mklaw.com/documents/SMSCLetter6258.pdf------------- Order dated July 17, 2008 setting hearing on issues for August 6 and 7, 2008 www.mklaw.com/documents/SchedulingOrder7178.pdf------------- SMSC Letter Filed July 28, 2008 www.mklaw.com/documents/SMSC7-28-08.pdf |
|
|
|
Post by denney on Sept 20, 2008 13:33:08 GMT -5
|
|
|
|
Post by denney on Oct 9, 2008 12:21:46 GMT -5
Notes by Erick G. Kaardal October 8, 2008 Dear all: Based on my understanding of the Federal Circuit's calendar, it is likely the hearing will be scheduled in December or January. Additionally, on September 23, 2008, the Federal Circuit denied SMSC's and PIIC's motion for leave to file an amici curiae reply brief. As a result, I have re-organized the "Federal Circuit Briefs and Related Motions" section. Now, it simply has the 5 briefs that matter: Appellant U.S. -- 2; Wolfchild Appellees - 1; LSIC -- 1; and SMSC/PIIC -- 1. If you want to be up to speed on the appeal, read those 5 briefs. Best regards. egk www.mklaw.com/mdewakanton.htm--------- Federal Circuit Briefs and Related Motions United States' Appellate Brief Dated April 11, 2008 www.mklaw.com/documents/WolfchildBrief.pdf-------------------- SMSC and PIIC Amici Curiae Brief Dated April 18, 2008 www.mklaw.com/documents/SMSCBrief.pdf------------------------------ Plaintiffs-Appellees Brief Dated June 27, 2008 www.mklaw.com/documents/AppelleesAppellateBrief.pdf---------------------------------------- Lower Sioux Indian Community Brief Dated June 27, 2008 www.mklaw.com/documents/LowerSiouxAppellateBrief.pdf------------------------------- United States' Reply Brief Dated September 3, 2008 www.mklaw.com/documents/USReplyBrief9208.pdf |
|
|
|
Post by kunsi10 on Oct 10, 2008 16:35:58 GMT -5
So, in layman's lingo, means what?
|
|
|
|
Post by highashell on Oct 13, 2008 14:31:58 GMT -5
means SMSC/PI were denied the admission of their reply to the appeals court
they filed to late...
they couldnt have the last word
so their brief didnt make it past the first panel of judges
the first panel of judges reviews all the briefs and related material
and decides whether or not the case has enough merit to warrant a hearing on oral arguments
this case will no doubt merit a hearing, since the Wolfchild case puts several congressional statutes in question
SMSC/PI are only amici...
they arent a party in this case and cant file like they are a party
but in this case they just filed 7 days too late without good reason
the circuit court keeping with their own guidelines denied SMSC/PI the filing of their brief
that brief wont make it to the hearing
|
|
|
|
Post by fwaukazoo on Oct 13, 2008 19:41:53 GMT -5
Any one going to the 2008 Lakota Nation Invitational, Dec 17-20, 2008. Rapid City, SD lakotaelite.com/I will be there, for the education conference, "LNI" events, and a reunion. If any of you good people will be there, send me an email, so we can plan to meet. I would like to meet you all sometime. Jamie, happy birthday, and I hope to see you there. I'm Plan to return to Albuquerque, via Minnesota, so trying to plan some good research stops along the way; Rosebud, Marty, Greenwood, Santee, USD, and in Minnesota. If you know of good place for me to go, let me know? Don't say it, James. Question; Can one get a "Degree Of Indian Blood" for one of the Medewakanton tribes in Minnesota? Is their a BIA office in Minnesota. As for me; The good news from Gary Montana, for me is that I'm have gone for an "intervener" to a plaintiff in "wolfchild." As for research, I feel out of it, no trips to South Dakota, the local University library still recovering for a fire, and some health problems have slowing me up. I have been logging on time to time, to see what you people are looking for. If I had anything, I PM or email it to them. If I come across anything, I will post it on Oyate. Keep looking, the more you help yourself, it helps us all. fwaukazoo fwaukazoo@yahoo.com |
|
|
|
Post by denney on Oct 22, 2008 18:58:57 GMT -5
Notes by Erick G. Kaardal October 22, 2008 Dear all: Great news. The U.S. Court of Appeals for the Federal Circuit has scheduled the hearing on the government's interlocutory appeal of the decisions of the U.S. Court of Federal Claims. The hearing is scheduled for December 5, 2008 at 10:00 a.m. The courthouse is located at the following address: United States Court of Appeals for the Federal Circuit 717 Madison Place, N.W. Washington D.C. 20439 The hearing is public. You are hereby invited. Best regards. egk www.mklaw.com/mdewakanton.htm |
|
