Minnesota Mdewakanton Dakota Oyate Litigation
Wolfchild, et al. v. United States
Notes by
Erick G. Kaardal, Esq.
May 26, 2006
To whomever it may concern:
Greetings. The May 20, 2006 Minnesota Mdewakanton Dakota Oyate convention was a huge success. Several hundred lineal descendants participated. Thank you.
As to the litigation, I have posted four additional court documents for your review. I want to highlight three.
The first document was filed by Lower Sioux Community Council Members Jody Goodthunder and Dennis Prescott requesting permission to file a motion to file an amici curiae brief on behalf of the Plaintiffs.
The second document is the Cermaks' reply in support of their motion for intervention.
The third documents is the government's response to the Cermaks' motion for intervention.
As to our first post 4/28 preliminary plaintiff list, it will be published early next week.
Thanks again for your patience.
Best regards.
egk
Potential Plaintiff Information
Directions For Submitting Documents via Facsimile or Mail (LINK BELOW)
www.mklaw.com/pdfs/022.pdfPotential Plaintiff Fax / Mail Cover Sheet (link below)
www.mklaw.com/pdfs/023.pdfLawsuit Description
Lawsuit Description by
Erick G. Kaardal, Esq. (LINK BELOW)
www.mklaw.com/pdfs/024.pdfDr. Barbara Buttes
Curriculum Vitae(LINK BELOW)
www.mklaw.com/pdfs/026.pdfBeyond Sovereignty: The Mdewakanton Identity Heist
Introduction
Prelude: Gambling on Tradition
Chapter 1: A bonfire of the vanities of scholarship(LINK BELOW)
www.mklaw.com/pdfs/027.pdfChapter 2: BIA, CYA, Blip
Chapter 3: Close enough for Government work? (LINK BELOW)
www.mklaw.com/pdfs/028.pdfChapter 4: A case of Misfeasance
Chapter 5: Le Nouveau Mdewakanton Esprit de Corp( LINK BELOW)
www.mklaw.com/pdfs/029.pdfAppendices (LINK BELOW)
www.mklaw.com/pdfs/033.pdfGenealogical Resources
Memorandum to Potential Descendants of May 20, 1886 Minnesota Mdewakanton Sioux Census by Dr. Buttes (LINK BELOW)
www.mklaw.com/pdfs/030.pdfGenealogical Information from Mohrman & Kaardal (LINK BELOW)
www.mklaw.com/pdfs/032.pdfMay 20, 1886 Minnesota Mdewakanton Census (LINK BELOW)
www.mklaw.com/pdfs/031.pdfLakota Dakota Journal Documents
SMSC Fundraising Gift to Flandreau Dated 2-14-2006 (LINK BELOW)
www.mklaw.com/documents/20060321142435119.pdfLakota Dakota Journal Letter Received 3-23-06 (LINK BELOW)
www.mklaw.com/documents/20060323121919234.pdfSamp Law Office Letter Dated 3-17-2006 (LINK BELOW)
www.mklaw.com/documents/20060320121312454.pdfDakota Journal Voicemails Dated 3-15-2006 (LINK BELOW)
www.mklaw.com/IndianCaseRecording.wavDakota Journal Transcript of Voicemails Dated 3-15-2006 (LINK BELOW)
www.mklaw.com/documents/TypedversionofRecordings.pdfPlaintiff List
See Motion to Amend Re: Third Amended Complaint -- Parts 1 and 2 (LINK BELOW)
www.mklaw.com/documents/4-21-2006PreliminaryPlaintiffList_000.pdfLinks of Interest
Minnesota Mdewakanton Dakota Oyate (LINK BELOW)
www.freewebs.com/oyateU.S. Court of Federal Claims (LINK BELOW)
www.uscfc.uscourts.gov/Court Documents
Complaint (LINK BELOW)
www.mklaw.com/pdfs/001.pdfFirst Amended Complaint (LINK BELOW)
www.mklaw.com/pdfs/001.pdfOpinion and Order Dated October 27, 2004 (LINK BELOW ) bad link on site
www.mklaw.com/pdfs/opinion_oct27.pdfproposed second amended complaint (LINK BELOW)
www.mklaw.com/pdfs/007.pdfDefendant's motion for reconsideration and memorandum in support thereof (LINK BELOW)
www.mklaw.com/pdfs/006.pdfPlaintiffs motion and brief regarding notice to lineal descendants and requiring United States to Provide a List of Known Lineal Descendants (LINK BELOW)
www.mklaw.com/pdfs/003.pdfMotion of Shakopee Mdewakanton sioux (Dakota) community and prairie island indian community for leave to File Amicus Brief in support of defendant's motion for reconsideration(LINK BELOW)
www.mklaw.com/pdfs/004.pdfBrief of Amici Curiae Shakopee Mdewakanton Sioux (Dakota) community and Prairie Island Indian Community in Support of Defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/005.pdfDeclaration of Carl Hardzinski (LINK BELOW)
www.mklaw.com/pdfs/008.pdfPlaintiffs' response brief to defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/009.pdfDefendant's response to plaintiffs' proposed notice to potential plaintiffs and opposition to plaintiffs' motion for order requiring the United States to provide a list of known lineal descendants (LINK BELOW)
www.mklaw.com/pdfs/010.pdfDeclaration of Robert F. Howard (LINK BELOW)
www.mklaw.com/pdfs/011.pdfPlaintiffs' reply brief regarding proposed notice and requiring United States to provide a list of lineal descendants it knows (LINK BELOW)
www.mklaw.com/pdfs/012.pdfMotion of Shakopee Mdewakanton Sioux (Dakota) Community and Prairie Island Indian Community for leave to file an amicus reply brief and to amend the appendix to their amicus brief in support of defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/013.pdfReply Brief of Amici Curiae Shakopee Mdewakanton Sioux (Dakota) community and Prairie Island Indian community in support of defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/014.pdfDefendant's reply in support of defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/015.pdfPlaintiffs' supplemental memorandum regarding motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/018.pdfSupplemental memorandum of Amici Curiae Shakopee Mdewakanton Sioux (Dakota) community and Prairie Island Indian Community in support of defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/016.pdfDefendant's supplemental filing in support of defendant's motion for reconsideration (LINK BELOW)
www.mklaw.com/pdfs/017.pdfMotion to proceed Pro Se (LINK BELOW)
www.mklaw.com/pdfs/019.pdfDefendant's notice of supplemental authority (LINK BELOW)
www.mklaw.com/pdfs/020.pdfPlaintiffs' notice of supplemental authority (LINK BELOW)
www.mklaw.com/pdfs/021.pdfOpinion and Order, December 16, 2005 (LINK BELOW)
www.mklaw.com/pdfs/034.pdfDefendant's Notice of Answer and Defendant's Answer dated March 17, 2005 (LINK BELOW)
www.mklaw.com/documents/035.pdfMotions for Court to Issue Summonses to Communities and Their Members Pursuant to 41 U.S.C.A. 114(b) and for Partial Summary Judgment based on United States' Breaches of Fiduciary Duties Dated March 3, 2006 (LINK BELOW)
www.mklaw.com/documents/March32006brief.pdfExpedited Motion to Stay Briefing of Plaintiffs' Motion For Partial Summary Judgment Pending Resolution of Plaintiffs' Motion for Court to Issue Summonses to Communities and Their Members and Until After the Deadline For Joinder of Plaintiffs (LINK BELOW)
www.mklaw.com/documents/20060317133816128_000.pdfOrder Filed March 13, 2006 (LINK BELOW)
www.mklaw.com/documents/20060317133830847.pdfPlaintiffs' Memorandum of Law in Opposition to Defendant's Expedited Motion and Three Cross Motions (LINK BELOW)
www.mklaw.com/documents/20060316155047446.pdfTranscript of Hearing Dated 3-20-2006 (LINK BELOW)
www.mklaw.com/documents/20060324155632518.pdfOrder Filed March 20, 2006
Defendant's Opposition To Plaintiffs' Motion For Court To Issue Summonses To Communities And Their Members Pursuant To 41 U.S.C. § 114(b) LINK BELOW)
www.mklaw.com/documents/DefendantsOpposition.pdfPlaintiffs' Motion For Enlargement Of Time To File Reply Brief On Court's Issuance Of Summonses And Motion For An Extension Of The Deadline For Joinder Of Plaintiffs To June 23, 2006 (LINK BELOW)
www.mklaw.com/documents/PlaintiffsMotionforEnlargementofTime.pdfDefendant's Partial Opposition To Plaintiffs' Motion For Enlargement Of Time (LINK BELOW)
www.mklaw.com/documents/DefendantsPartial_000.pdfEmergency Motion For Extension Of Time In Which To Provide A List Of Descendants Known To The Government To Plaintiffs Pursuant To The Court's December 16, 2005 Order
Defendant's Response To Plaintiffs' Cross-Motion To Be Relieved From Obligation To Publish Notice In Dakota Journal (LINK BELOW)
www.mklaw.com/documents/EmergencyMotion_000.pdfPlaintiffs' Response to Defendants' Emergency Motions and Plaintiffs' Supplement to Motion for Extension of Deadline for Joinder of Plaintiffs to June 23, 2006 (LINK BELOW)
www.mklaw.com/documents/PlaintiffResponsetoEmergency.pdfFive Court Orders Dated 4/18/06 & 4/19/06 (LINK BELOW)
www.mklaw.com/documents/FiveCourtOrders.pdfPlaintiffs' Consent Motion In Which Defendant Joins The Request For Enlargement Of Time To File Their Responses (LINK BELOW)
www.mklaw.com/documents/PlaintiffsConsentMotion.pdfMotion to Amend Re: Third Amended Complaint -- Part 1 (LINK BELOW)
www.mklaw.com/documents/ThirdAmendedComplaint--PartI.pdfMotion to Amend Re: Third Amended Complaint -- Part 2 (LINK BELOW)
www.mklaw.com/documents/ThirdAmendedComplaint--Part2.pdfDefendant's Reply To Plaintiffs' Opposition To Defendant's Emergency Motion For Extension Of Time (LINK BELOW)
www.mklaw.com/documents/DefendantsReplytoPlaintiffsOpposition.pdfSupplemental Declaration Of Erick G. Kaardal Regarding Extension Of Deadline For Joinder Of Plaintiffs (LINK BELOW)
www.mklaw.com/documents/SupplementalDeclarationofErickG.Kaardal.pdfPlaintiffs' Reply Brief to Defendant's Opposition to Court Issuing Summonses (LINK BELOW)
www.mklaw.com/documents/ReplyBrief.pdfPrivacy Act Protective
Order (LINK BELOW)
www.mklaw.com/documents/PrivactActProtectiveOrder.pdf(Proposed) Lower Sioux Community Complaint In Intervention (LINK BELOW)
www.mklaw.com/documents/ProposedComplaintInIntervention.pdfPlaintiffs' Response To Three Motions To Intervene Filed By The Descendants Of Angeline And Amos Morand And Cross-Motion For Partial Summary Judgement (LINK BELOW)
www.mklaw.com/documents/PlaintiffsResponseToThreeMotions.pdfDefendant's Consent Motion To Enlarge The Time For Defendant To File Its Response To Certain Motions To Intervene (LINK BELOW)
www.mklaw.com/documents/DefendantsConsentMotion.pdfMotion For Leave To File Amicus Curiae Brief (LINK BELOW)
www.mklaw.com/documents/MotionforLeavetoFileAmicus.pdfIntervenors' Memorandum Of Law In Support Of Their Motion To Intervene (LINK BELOW)
www.mklaw.com/documents/IntervenorsMemorandum.pdfDefendants' Response To Motions To Intervene (LINK BELOW)
www.mklaw.com/documents/DefendantsResponseToMotions.pdfMotion To Intervene And For Entry Of A Protective Order To File As Anonymous Plaintiffs
www.mklaw.com/documents/MotiontoIntervene.pdfDefendant's Opposition To The Motion To Intervene Of the Lower Sioux Indian Community
www.mklaw.com/documents/DefendantsOpposition_000.pdfCourt Hearing Transcript Dated 4/28/06
www.mklaw.com/documents/Transcript4-28-06.pdfNotes by
Erick G. Kaardal
January 17, 2007
Dear all:
Greetings.
The Defendant United States and Shakopee and Prairie Island Communities have filed their reply memoranda regarding the motion to quash. We have posted them on this webpage under Motion to Quash.
These submissions are the last regarding the motion to quash. Recall that Shakopee and Prairie Island's motion to quash will be heard by the Court in Washington D.C. at the 10:00 a.m. hearing on January 25, 2007.
My recommendation is that you read the seven posted briefs relating to the motion to quash. This will bring you up to date on the case.
Additionally, as to the January 25, 2007 hearing in Washington D.C., it is my understanding that the hearing will be in the same large courtroom as in the past. However, it is my recommendation due to the number of lawyers involved, number of parties involved, the number of interested governmental officials and media interest, that people arrive well before the 10 a.m. starting time to pass security and obtain a seat in the courtroom.
For those who can not attend the hearing, we intend to order the transcript of the hearing after it is completed. Our experience is that the transcript will be available in fourteen days or less after the January 25 hearing.
Please check the website regularly.
Thanks.
egk
Shakopee and Prairie Island Community Correspondence
Prairie Island Community Council Letter Dated 5-30-06
www.mklaw.com/documents/LettertoPrairieIsland.pdf----------
Prairie Island Indian and Shakopee Mdewakanton Sioux Community Letter Dated 6-06-06
www.mklaw.com/documents/MdewakantonJune6th.pdf-----------
Prairie Island Community Council Letter Dated 8-25-06
www.mklaw.com/documents/PrairieIsland.pdf------------------
Lakota Dakota Journal Documents
SMSC Fundraising Gift to Flandreau Dated 2-14-2006
www.mklaw.com/documents/20060321142435119.pdf----------------
Lakota Dakota Journal Letter Received 3-23-06
www.mklaw.com/documents/20060323121919234.pdf-------------
Samp Law Office Letter Dated 3-17-2006
www.mklaw.com/documents/20060320121312454.pdf---------
Dakota Journal Transcript of Voicemails Dated 3-15-2006
www.mklaw.com/documents/TypedversionofRecordings.pdf-------------
Court Opinions
Wolfchild I - Opinion and Order Dated October 27, 2004
www.mklaw.com/documents/CourtOrder.pdf-------------
Wolfchild II - Opinion and Order Dated December 16, 2005
www.mklaw.com/pdfs/034.pdf---------
Wolfchild III - Opinion and Order Dated August 22, 2006
www.mklaw.com/documents/OpinionandOrder8-22-06.pdf--------------
Court Transcripts
Transcript of Hearing Dated March 20, 2006
www.mklaw.com/documents/20060324155632518.pdfTranscript of Hearing dated July 18, 2006
www.mklaw.com/documents/Transcript7-18-06.pdf-----------
Shakopee and Prairie Island Communities' Motion to Quash (Hearing on 1/25/07
Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community Motion to Quash dated October 10, 2006
www.mklaw.com/documents/MotiontoQuash.pdfPlaintiffs' Opposition to Motion to Quash Dated November 18, 2006
www.mklaw.com/documents/MemoResponsetoMotiontoQuash.pdfLower Sioux Community's Opposition to Motion to Quash Dated November 17, 2006
www.mklaw.com/documents/MemoLowerSiouxResponse2Mot2Quash.pdfDefendant's Response In Support Of The Motion To Quash Summonses And To Dismiss Filed By The Shakopee Mdewakanton Sioux Community And Prairie Island Indian Community Dated November 20, 2006
www.mklaw.com/documents/DefendantsResponse_001.pdfPlaintiff's Memorandum in Opposition to Defendant's Response in Support of the Motion to Quash Summonses and to Dismiss Filed by the Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community
dated December 15, 2006
www.mklaw.com/documents/PlaintiffsOppositiontoUSResponsetoQuash.pdfMemorandum in Reply to All Filed Response Memoranda to the Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community's Motion to Quash Summonses
dated January 11, 2007
www.mklaw.com/documents/MemoranduminReply_001.pdfDefendant's Response in Support of the Motion to Quash Summonses and to Dismiss Filed by the Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community
dated January 12, 2007
www.mklaw.com/documents/Response.pdf-----------
Plaintiffs' Motion to Vacate Order To Stay Briefing on 3/3/06 Partial Summary Judgment Motions (Hearing on 1/25/07)
Plaintiffs' Motion to Vacate Order To Stay Briefing and Consideration of Plaintiffs' Motion for Partial Summary Judgment Dated January 10, 2007
www.mklaw.com/documents/Mot2VacateOrder1-10-07.pdfThird Amended Complaint (8/24/06)
www.mklaw.com/documents/ThirdAmendedComplaint8-24-06.pdf---------
Links of Interest
www.freewebs.com/oyate/U.S. Court of Federal Claims
www.uscfc.uscourts.gov/ 
