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Post by wigwam2 on Dec 16, 2005 21:54:54 GMT -5
Hey fellow LD's, Judge Lettow denied the US Gov. motion to reconsider. The discovery phase now begins. Justice is finally served! Squatters are packing their luggage and digging up the money bags.
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Post by dakotaboi on Dec 16, 2005 21:59:40 GMT -5
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Post by wazi on Dec 17, 2005 1:30:37 GMT -5
Isn't that exciting....I hope to hear the game plan for the discovery phase soon.
wazi
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Post by dgberg on Dec 17, 2005 18:50:39 GMT -5
i know i'm not alone when i say that erick kaardal did a great job on this whole lawsuit.
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dee
Junior Member
Posts: 15
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Post by dee on Dec 19, 2005 0:39:01 GMT -5
[ ;D ;D  |
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Post by dakota20 on Dec 19, 2005 1:11:55 GMT -5
I heard the government is able to appeal his decision...? We got along way to go people.
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Post by tokakte on Dec 19, 2005 10:33:34 GMT -5
Dakota20 is right. There is much chatter about there being no further appeal, but remember, filing an appeal costs gov nothing, even if they have very shakey grounds for it. Another thing: I didn't read anything about partial damages being paid. I'm rereading the decision in hopes that it's hiding in the legal gobbledygook, but let's be careful.
Appeal or no, we won a powerful ruling, and my guess is that the DOJ and DOI atty's are in shock, but they'll recover quickly and be back at us in no time.
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Post by dgberg on Dec 20, 2005 0:24:06 GMT -5
the gubment has 60 days to appeal but how many times would you go to a well that has been empty the last few times? this is our hard earned tax $$$ at work.
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Post by tokakte on Dec 20, 2005 11:35:24 GMT -5
Good point! They'll most likely appeal because they have all of those atty's on the payroll, and they need to keep them busy. Our atty's, on the other hand, get paid only if they win. It isn't a level playing field, but I guess we've known that all along.
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Post by dakotaboi on Dec 20, 2005 17:21:43 GMT -5
The playing field may not be "level"; however, they know it is a winable case, regardless of all of the statutes and appeals. Patience is key, I guess. That's why we have this award winning site to keep us enlightened. Afterall, how many of us have learned way more than we ever thought we knew since this whole thing began? Either way, I don't believe we will have an "all for nought" situation.
--dakotaboi
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Post by cashmoney on Dec 21, 2005 4:53:11 GMT -5
Can the government appeal appeal appeal such as they are doing in the Cobell case. I hope not. The cobell case is going on 10 years of appeals. But whatever happens we are making progress.
I heard the government plans to appeal the decision just handed down. But we do have a large hill to climb before us before we can have justice. I spoken to Carl Leath and he says a "Minimum of 3 years atleast".
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Post by dakotaboi on Dec 21, 2005 9:29:28 GMT -5
Of course the gov can appeal.....and they will. Sounds as though it may be a while. I hope we are all living realistically and in the present while trying to secure our future. Waiting on the sidelines isn't always easy, but there is always something going on from the spectator perspective. Play or be played........
--dakotaboi
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Post by tokakte on Dec 21, 2005 16:23:47 GMT -5
One big point emerges from this decision: The three communities can be summoned as parties to the suit without their approval. Before, the only defendant was the federal gov't. The three tribes intervened as amicus curiae, "friends of the court", meaning that they could put their two cents in at will without incurring any liablilty. Another thing is that there a rule of all other federal courts called "Rule 19" that would ordinarily protect a tribe from suit. It says that anytime a decision of the Sec. of the Interior is challenged in court involving property held in trust for a tribe the U.S., the tribe is "an indispensable third party", and they can block the whole suit by merely refusing to be sued. Not here! This is an action filed in the Federal Court of Claims. Here the judge may summon the tribes into this suit to cover Gov's losses in paying damages without their permission. I suspect that antacids are going to become a best seller in various law offices and two of the three tribal HQ's.
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Post by cashmoney on Dec 21, 2005 16:37:08 GMT -5
This is what was exactly said regarding the "3 years comment" ......... "
i have been telling ppl that this case will take another 3 yrs minimum
to resolve
but ppl arent hearing that part they just see the money"
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Post by mdenney on Dec 21, 2005 17:18:53 GMT -5
cashmoney you are right. $$$$ over mind, $$$$ over matter these days. They feel good and that is what they want for now.
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Post by wigwam2 on Dec 21, 2005 22:15:43 GMT -5
sorry guys but Sen. McCain is involved and he knows that this is costing big bucks each day. This will be over by the time the crickets start singing. The government can appeal but the judge will get pissed off and rule immediately in our favor. PC is a comin' long before the crickets.
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Post by gpazure on Dec 22, 2005 1:59:14 GMT -5
Each day the case is not settled may be costing the U.S. taxpayers $1 million. It makes big sense to all that are now seriously looking at this case, as is Sen. McCain, that a quick settlement is the only way. Appeals at this point will not have merit and only increase the damages. Judge Lettow will not let this drag on to much longer. He certainly is hearing from many politicians that want to cut the loses!
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