Post by hermin1 on Feb 2, 2013 23:16:39 GMT -5
Tatanka-najin-win (Standing Buffalo Woman)
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Friday, February 1, 2013
Wolfchild vs. USA Lawsuit
Update
U.S. Court Of Appeals for the Federal Circuit (CAFC)
Docket No. 2012-5035
Cross-Appellant "Wolfchild Plaintiffs" replacement reply brief in opposition to amici curiae "SMSC" brief was due yesterday, January 31, 2013.
Comment: Briefs filed in CAFC are not filed electronically so it will probably be Monday, February 4, 2013 before anything appears in the PACER system. I thought MKLaw would have it posted by now but they are probably busy with Judge Lettow's 1/28/2013 decisions in COFC. (See below).
~ ~ ~
U. S. Court of Federal Claims (COFC)
Docket No. 1:03-cv-02684-CFL
Judge Lettow's January 28th, 2013 published OPINION & ORDER responded to 3 MOTIONS before him and the PDF document can be downloaded below:
Lettow's Jan 28, 2013 OPINION & ORDER
Here is a brief description of that published OPINION & ORDER:
1. DENIES the defendant DOI/BIA's MOTION to Stay further processing of a list of eligible beneficiaries, but; GRANTED defendant DOI/BIA's Request for an extension of time. The defendant DOI/BIA shall file a status report with the court (COFC) within 90 days following this decision (first status report due by 4/29/2013), and every ninety days thereafter, until one year has passed.
2. DENIES Wolfchild plaintiffs' MOTION for further judicial proceedings.
3. DENIES plaintiff-intervenors' REQUEST for an order requiring the Department to provide interim reimbursement to their attorney's.
Comment: 1. Judge Lettow is not allowing the DOI/BIA to stop compiling a list of Loyal Mdewakanton lineal descendants. He is giving them a year to complete the list, but they are required to report their progress to him in a status report every 90 days. I doubt we will see the status reports posted on PACER.
2. MKLaw will not be able to challenge the DOI/BIA process of compiling a list as published in the federal register. Judge Lettow will also not hear MKLaw's accusation of SMSC's interferring in the process as well as his accusation of SMSC authoring the the DOI/BIA's briefs (and other delay tactics).
3. Gary Montana, and all other attorney's for the plaintiff-intervenors will not receive any interim payments for their participation in Wolfchild vs. USA.
So, unless something evolves in appellate court to change the course of action in the lower court, the DOI/BIA will have until January 28, 2014 to produce a list of Loyal Mdewakanton lineal descendants.
Defender of the Faith
Informational Website
Home -|- Genealogy/Timeline -|- Obit -|- Descendants -|- Photos
Lawsuit 2006-2011 -|- Lawsuit 2012 -|- Lawsuit 2013
Friday, February 1, 2013
Wolfchild vs. USA Lawsuit
Update
U.S. Court Of Appeals for the Federal Circuit (CAFC)
Docket No. 2012-5035
Cross-Appellant "Wolfchild Plaintiffs" replacement reply brief in opposition to amici curiae "SMSC" brief was due yesterday, January 31, 2013.
Comment: Briefs filed in CAFC are not filed electronically so it will probably be Monday, February 4, 2013 before anything appears in the PACER system. I thought MKLaw would have it posted by now but they are probably busy with Judge Lettow's 1/28/2013 decisions in COFC. (See below).
~ ~ ~
U. S. Court of Federal Claims (COFC)
Docket No. 1:03-cv-02684-CFL
Judge Lettow's January 28th, 2013 published OPINION & ORDER responded to 3 MOTIONS before him and the PDF document can be downloaded below:
Lettow's Jan 28, 2013 OPINION & ORDER
Here is a brief description of that published OPINION & ORDER:
1. DENIES the defendant DOI/BIA's MOTION to Stay further processing of a list of eligible beneficiaries, but; GRANTED defendant DOI/BIA's Request for an extension of time. The defendant DOI/BIA shall file a status report with the court (COFC) within 90 days following this decision (first status report due by 4/29/2013), and every ninety days thereafter, until one year has passed.
2. DENIES Wolfchild plaintiffs' MOTION for further judicial proceedings.
3. DENIES plaintiff-intervenors' REQUEST for an order requiring the Department to provide interim reimbursement to their attorney's.
Comment: 1. Judge Lettow is not allowing the DOI/BIA to stop compiling a list of Loyal Mdewakanton lineal descendants. He is giving them a year to complete the list, but they are required to report their progress to him in a status report every 90 days. I doubt we will see the status reports posted on PACER.
2. MKLaw will not be able to challenge the DOI/BIA process of compiling a list as published in the federal register. Judge Lettow will also not hear MKLaw's accusation of SMSC's interferring in the process as well as his accusation of SMSC authoring the the DOI/BIA's briefs (and other delay tactics).
3. Gary Montana, and all other attorney's for the plaintiff-intervenors will not receive any interim payments for their participation in Wolfchild vs. USA.
So, unless something evolves in appellate court to change the course of action in the lower court, the DOI/BIA will have until January 28, 2014 to produce a list of Loyal Mdewakanton lineal descendants.
Defender of the Faith