|
Post by nettiebe on Jul 4, 2006 14:22:07 GMT -5
Right, our family has known him for a very long time and he is good. He is native from South Dakota.
|
|
|
Post by tamara on Jul 4, 2006 16:57:47 GMT -5
I have reviewed the agreement and compared it to the agreement of other attorneys out there and it didnt seem unusual. What terms would you expect of Ed Little John or any other attorney? I am the first to admit that I am not expert, but from what I can see and expect to see the only difference in the wording of how expenses would be paid for. I really cant see and probably wouldnt trust any attorney that told me they would "go to bat" for families with a variety of issues and speak for them, and not ask for compensation for expenses. I do understand that it requires a certain amount of trust that a lawyer would not use this portion of a contract unfairly, but I dont see any reason to believe that Mr Montana or the other attorney's with similar contracts would do that. I dont think for a minute Mr Montana would put his reputation at stake for something so minor as compensation for expenses. I think it is sound advice that was posted previously in suggesting that we research an attorney. If you research Mr Montana you will see that he makes a more than adequate living on other things besides compensation for expenses incurred. I am very interested in this topic and although I have stated my opinion, I still would like to hear other members voice theirs. Hope everyone is having a great 4th of July.
Tamara
|
|
|
Post by dgberg on Jul 5, 2006 7:20:25 GMT -5
who is little john, and in case you are wondering 33 1/3 % is standard practice. very interesting post, thanks dawnday for the heads up. if this is true it sounds like a scam. The only "scam" going on is the scam that Kaardahl and Kettering are pulling... 33 1/3% plus attorney fees and costs vs. the 15% and one time charge for adults($50.00) and minors ($20.00) that Montana is charging. Also, from what I have heard, Little John is a very inexperienced litigator, just having received his law degree a few years ago. If I had a dog in this fight (fiquratively speaking), which I don't, I would want an experienced litigator fighting for me - not someone just out of law school. In my opinion, it would be suicide to hire a rookie attorney in a case of this magnitude.
|
|
|
Post by highashell on Jul 5, 2006 9:34:12 GMT -5
well if you looked it up pro bono means he is working for nothing right now and he doesnt get paid until the damages have been awarded that 33-1/3% that the plaintiffs will pay him gets re-imbursed by Congress... thats the law so in the end the plaintiffs will get 100% of the damages looks like he isnt working pro bono... more like he will be milking a few poor folks for all he can Thanks for the laugh... ;D "looks like he isn't working pro bono..." Are you implying that M/K and Kettering and the rest of the attorneys are working pro bono? Surely you jest! Do you even know the definition of "pro bono"? Are you suggesting that charging 33 1/3 % plus attorney fees and costs is working 'pro bono'?? "milking a few poor folks for all he can" Who is doing the milking?? More like M/K and Kettering and the rest of the attorneys that are charging 33 1/3% plus attorney fees and costs vs the 15% plus a one time fee of $50.00 per adult and $20.00 per minor that Montana is charging. ".... a few poor folks..."....... from what I have heard, the number of clients that Montana has is second only to M/K. Either you just aren't very smart or you were, as your screen name implies, .... 'highashell'..... when you wrote that post.
|
|
|
Post by highashell on Jul 5, 2006 9:41:21 GMT -5
i believe its too late for anybody to file a motion to intervene anyway the court set a procedure awhile back stating that should anybody that wants to join the case they would need to file a letter of intent 30 days before they file a motion to intervene
besides both parties would have to agree to let them join anyway
|
|
|
Post by swiftarrow on Jul 6, 2006 19:11:21 GMT -5
highashell is right read the court doc's
|
|
|
Post by tamara on Jul 7, 2006 13:56:04 GMT -5
I dont doubt anyone, but could you tell me where or in what document. Just point me in the right direction and I can go from there. I am trying to "homeschool" myself in the process of things and am really enjoying this opportunity to learn.
Tamara
|
|
|
Post by peacekeeper on Jul 7, 2006 20:43:02 GMT -5
I am not sure of all the whys and wherefores of a motion to intervene, but here is my question. If a lawyer files a motion to intervene, can't they file an amendment later to include any later plaintiffs?
Jackie
|
|
|
Post by highashell on Jul 8, 2006 8:49:39 GMT -5
i hope they hurry up and submit our papers there is only 3 business days left to file
|
|
|
Post by tamara on Jul 8, 2006 9:34:44 GMT -5
highashell, so are you saying that it is NOT to late to file an intervention? I am getting confused but it doesnt take much to get me there! lol
Tamara
|
|
|
Post by katrina on Jul 11, 2006 18:20:58 GMT -5
gary montana will not take any new clients
|
|
|
Post by Whirlwind In The House on Jul 14, 2006 8:10:12 GMT -5
Fancy, I have over 3/4 of my family that didnt get there paper work in and I hate to bother Gary at such a late hour, I have advised many people that they need to continue to research and fill out the agreements and pray Judge Lettow rules in favor of the Motion to Intervene; People in this area are estimating their to be 5000 potential plaintiffs in SoDak and an extension is desparately needed. I am Connie Jean Big Eagle
|
|
|
Post by mdenney on Aug 30, 2006 10:55:28 GMT -5
Why not? Your attorney would hold the key to any questions you have...they know the questions you ask all to well...
|
|
|
Post by wapate on Aug 30, 2006 13:04:29 GMT -5
Hey Whirlwind It was sure good to see you, Kathy and your Dad on Sat. of course your Dad hadn't seen me since 82 so I think he was wondering who is this bald guy? any way! It was fun to see so many Tahansi's all in one place, we are already looking forward to the next meeting, if there will be one? As for Gary, I sat up front so as not to miss any thing, and from what I understand, is that, he has had two filings so far, the original and then the first amendment, and I think he said that if a person was not on either of those that it would be very likely that you wont get on. Then there is this booklet style thing that Linda told us about, we have sent a email to Montana to find out more details about it, no response yet! It was said that we need a cover sheet, index and detailed break down, I will let you know when I get more details. As for an extension it didn't sound good, it sounded like we may have seen the last of the extensions and amendments, of course in the end it always is up to the judge. So we will see & see & see ------ Hey Jamie hows your wagon rolling? Wapate
|
|
|
Post by tamara on Aug 30, 2006 16:21:32 GMT -5
That is the way I understand things as well. He filed the complaint and then the second amended complaint. I think it is a possibility that others will not get on another complaint via his office and he doesnt wish to give false hope that they will. I think he does however want to give others a chance to join in the lawsuit and will certainly submit another amended complaint to add their names if he sees an opportunity to do so. I think he is very careful in interpreting the criteria set out by the court and the judges wishes for procedure. I dont know if anyone feels that the Judge shows enough concern for the families that were denied by Kaardal's office so shortly before the deadline as to not be allowed time to seek other counsel... or that there was sufficient notification of the lawsuit. The booklet form for ones documents is a good suggestion since each and every adult individual's paperwork must be able to stand up in court. I know that there are families that were not able to meet the criteria set out by Dr Buttes to even have the opportunity to have their documentation shown to the court or the special masters that may be in charge of such a task. I think if you were to think in terms of putting your family history in front of a stranger and needing it to meet a set of standards set by the court, you can see how a booklet form would help to present clear and organized information. As Mr Montana told us, that is our job, just as it was our job to gather documentation for Dr Buttes certification, she did not do that for us and neither will Mr Montana. From what I can see Wapate, you and your wife should have no problem with this part. Many many families I saw already have, just that. Some only need to put what they have into an organized form. I agree with Jackie in that this is not the time to rest, this is the time to gather information and make every attempt to support ones family evidence with what ever one my be able to find. Even from the perspective of a "proponderance of evidence" ... that being my words and my words only.
The Pierre meeting was fantastic and I cant tell you how much I enjoyed meeting the both of you. I wish we would all be able to gather for some researching and genealogical exchange. I would have loved to have indulged myself in just asking for the priveledge of seeing some of the families information and hearing the stories. Although I got to see much, I didnt get to see as much as I would have liked to and as thoroughly as I would have wished. The room was filled with riches and wealth that money cannot buy. Wapate, should you and the Mrs have the opportunity to travel to the Black Hills in the future, please let me know, I would love to see you here as well. We didnt get to talk much Wabasha/GreyCloud history and I didnt get to focus in the manner in which I had hoped. BigJon, was incredible and it is soooo much fun to talk to someone with such energy and ability in research. It would appear he had covered a GREAT deal of ground in a short period of time. Again, I didnt get to go over all that he had with him that I would have liked to. Some of the information he had it had taken me much longer to even realize it existed much less get it, so he is doing well. I also had the opportunity to meet elders who speak fluent and read our language. A real honor. I was also pleased to meet some people who can stand toe to toe with me and three boxed of research materials and even out document me!! I love it! One couple in particular, I am hoping to have the opportunity to spend some research time with as they have helped build some of our genealogical resources entirely on their own and are kind enough to donate them for others. In the same manner as Allie and family have done. There are some pretty great people amongst us arent there?! I could go on and on...
|
|
|
Post by swootz on Aug 30, 2006 17:35:11 GMT -5
My family and I need your help... We sent our information to Kettering before that last deadline. We think that they are not wanting to help us, therefore we need a new lawyer, if it is not too late. The Elders have told us that we are related to Good Thunder and the Cloud's but we cannot find any documentation to prove that. We also know we are related to the Sioux Scouts as my Great-Grandmother was on the 1909 S/W Annuity Roll. Do any of you have any suggestions for us?
|
|
|
Post by tamara on Aug 30, 2006 23:22:56 GMT -5
Wapate I dont recall a booklet form as per Mr Montana only the need to put together a folder for each adult individual. If I remember right, Linda was describing the way that she had organized their family information. It turned out that the method that she had used, in the beginning with the whole family in booklet form, was not going to work and I know that spoke about the changes she needed to make to their family information. This is why. She had done it neatly in booklet form and had an index for each sibling and their families etc. This will not work with what Mr Montana told us regarding the folders and documentation since EACH adult individual needs to have a complete file with complete documentation back to the ancestor the individual traces to. I am sure we all realize the amount of paper and effort this will take and although it will be repetative in large families, it is certainly necessary when it comes time to be reviewed for determination for meeting the criteria set by the court to be considered in the beneficiary class. Example, if a special master were to open a file tracing back to (example) Goodthunder, but they lack the documentation to prove the 2nd generation down from Mr Goodthunder, because their Aunt Mary only told them they needed to sign an agreement and send their birth certificate, the person in charge of determining if they meet the criteria will only see that this person does not and wont likely care or check to see if it is in Aunt Mary's file, who has a different last name and lives in a different part of the state, etc! lol Therefore all that Linda needed to do was seperate each adult and put in booklet form their documentation. To be clear, the booklet form some persons intended to use, grouping a family together with documentation will not work. Each adult needs their own file and documentation. If you have any questions about this, I am going to double check my understanding and will let you know what I get. Will you guys do the same for me? Let me know what you understand as well okay. We cant afford to make any mistakes in this area.
Tamara
|
|
|
Post by tamara on Sept 3, 2006 12:10:35 GMT -5
My family and I need your help... We sent our information to Kettering before that last deadline. We think that they are not wanting to help us, therefore we need a new lawyer, if it is not too late. The Elders have told us that we are related to Good Thunder and the Cloud's but we cannot find any documentation to prove that. We also know we are related to the Sioux Scouts as my Great-Grandmother was on the 1909 S/W Annuity Roll. Do any of you have any suggestions for us? can you give me an idea of how you are related to Goodthunder? and the clouds? and who is it that is on the 1909 SW Annuity Roll? Tamara
|
|