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Post by mdenney on Sept 20, 2007 22:21:38 GMT -5
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Post by mdenney on Sept 20, 2007 22:22:39 GMT -5
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Post by mdenney on Sept 20, 2007 22:23:52 GMT -5
Notes by Erick G. Kaardal September 5, 2007 Dear all: The Court has granted the United States' motion to extend the deadline to September 19, 2007 for the filing of its response to certain party-related pleadings and motions filed prior to or on the August 20, 2007 deadline. I have posted the September 5, 2007 order under litigation history in the far right column. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm
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Post by mdenney on Sept 25, 2007 13:53:50 GMT -5
Notes by Erick G. Kaardal September 24, 2007 Dear all: Greetings. Earlier, I posted the government's omnibus memorandum of law addressing the addition of additional plaintiffs and the Court's September 14, 2007 order allowing responses to be filed prior to tomorrow or tomorrow. (Please find these documents under categories of "litigation history" and "joint status reports" in right hand column.) Plaintiffs will be filing a response to the omnibus memorandum tomorrow. As soon as the filing is completed, I will post it on this website. Thank you. Best regards. egk www.mklaw.com/mdewakanton.htm------------------------ Litigation History Pleadings Index Through August 20, 2007 www.mklaw.com/documents/20070820184208366.pdf----- Order Dated August 28, 2007 www.mklaw.com/documents/Orderdated8-28-07.pdf----- Order Dated September 5, 2007 www.mklaw.com/documents/CourtOrder9507.pdf---- Order Dated September 14, 2007 www.mklaw.com/documents/OrderDated9-14-07.pdf----------------------------------------- Joint Status Reports Joint Preliminary Status Report by Intervenors Dated June 15, 2007 www.mklaw.com/documents/JointPreliminaryStatus.pdf----- Joint Status Report Dated July 20, 2007 www.mklaw.com/documents/JointStatusReportFinal.pdf----- Scheduling Order Dated July 30, 2007 www.mklaw.com/documents/SchedulingOrder.pdf---- Defendant's Omnibus Memorandum Of Points And Authorities In Support Of Defendant's Motions To Strike And Other Responses To Dkt Nos. 521-522, 524, 528-551, 553-558, 560-562, 564-568 Dated September 18, 2007 www.mklaw.com/documents/DefendantsOmnibusDated9-18-07.pdf
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Post by mdenney on Sept 25, 2007 18:41:00 GMT -5
Notes by Erick G. Kaardal September 25, 2007 Dear all: Please find under the heading Joint Status Report a copy of the Wolfchild Plaintiffs and Intervenors' Supplement to the Joint Status Report. This document was filed today with the Court. With the filing of this document, the Court now has all the documents relating to the party-related issues and the Joint Status Report. As soon as the Court issues its order, we will post it on this website. Thank you for your patience. egk Wolfchild Plaintiffs' and Intervenors' Supplement to Joint Status Report www.mklaw.com/documents/SupplementtoJointStatusReportFinal.pdf
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Post by mdenney on Sept 26, 2007 14:17:07 GMT -5
Notes by Erick G. Kaardal September 26, 2007 Dear all: Greetings. The Court issued Wolfchild V today. I have linked the Court's opinion and order under "Court Opinions" in the right hand column. There are three things I want to mention about the opinion. First, the Court has granted in part the government's motion for an interlocutory appeal -- allowing the U.S. Court of Appeals for the Federal Circuit to determine whether it wants to entertain the interlocutory appeal or later consider the appeal after trial and final judgment. The Federal Circuit will now determine whether an interlocutory appeal will occur. I will keep you updated on developments in this regard. Second, the Court has denied the government's motion for a stay pending the interlocutory appeal. In this regard, the Court has issued a scheduling order for the case through May 30, 2008 -- the deadline for pre-trial summary judgment motions. Presumably, the Court will schedule a trial date at some later date. The Court did indicate, however, that it may grant a stay if the Federal Circuit takes the interlocutory appeal. Third, the Court granted the government's motion regarding newborns in part. The Court has limited the August 20, 2007 amendments to newborns born after January 1, 2006. Those on those amended complaints born before January 1, 2006 will need to initiate another lawsuit. In the near future, Mohrman & Kaardal, P.A. will be initiating a lawsuit to cover these and subsequent newborns of existing plaintiffs. Thank you again for your patience. Best regards. egk www.mklaw.com/mdewakanton.htmCourt Opinions Wolfchild V -- Opinion and Order Dated September 26, 2007 download of 1.24mgs www.mklaw.com/documents/CourtOrderDated9-26-07.pdf
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Post by mdenney on Oct 10, 2007 15:17:29 GMT -5
Notes by Erick G. Kaardal October 10, 2007 Dear all: Greetings. The United States has filed its petition for interlocutory review in the United States Court of Appeals for the Federal Circuit. This brief is linked under Federal Circuit Motions and Briefs in the right-hand column. Additionally, Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community have filed an amicus curiae (meaning friend of the court) brief in support of the United States' motion. This brief is also linked under "Federal Circuit Motions and Brief." The Federal Circuit has discretion on whether to hear the interlocutory appeal. As soon as an order is issued, I will link it to this website. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm----------- Federal Circuit Motions and Briefs Petition Of Defendant United States Of America For Leave To Appeal Pursuant To 28 U.S.C. 1292(d)(2) www.mklaw.com/documents/PetitionofDefendant.pdf------- Motion Of Amici Curiae The Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community For Leave To File Brief In Support Of United States' Petition For Review Dated October 5, 2007 www.mklaw.com/documents/MotionofAmici.pdf
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Post by mdenney on Oct 23, 2007 19:48:42 GMT -5
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Post by mdenney on Oct 23, 2007 19:49:45 GMT -5
Wolfchild Plaintiffs' Opposition To Motion Of Amici Curiae Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community For Leave To File Amici Curiae Brief Dated October 22, 2007 www.mklaw.com/documents/OppositiontoAmici.pdf
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Post by mdenney on Oct 24, 2007 12:37:33 GMT -5
Respondents/Plaintiffs/ Intervenors Group B, Supplemental Response In Opposition To The Petition Of Defendant United States Of America For Leave To Appeal Pursuant To 28 U.S.C. 1292(d)(2) Dated October 22, 2007 www.mklaw.com/documents/SupplementalResponse.pdf
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Post by mdenney on Oct 24, 2007 12:39:33 GMT -5
Notes by Erick G. Kaardal October 24, 2007 Dear all: Greetings. I have posted three important briefs you should read under "Federal Circuit Motions and Briefs." Reading the briefs will keep you informed about the case. The first brief is Wolfchild Plaintiffs' Response to Petition for Discretionary Appeal dated October 22, 2007. The second brief is Wolfchild Plaintiffs' Opposition to Motion of Amici Curiae Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community for Leave to File Amici Curiae Brief. The third brief was filed by the Group B counsel for intervenors. As soon as we receive the reply briefs (if any), we will link them to this webpage. Thank you for your patience. egk Wolfchild Plaintiffs' Response To Petition For Discretionary Appeal Dated October 22, 2007 www.mklaw.com/documents/ResponsePetition.pdf---- Wolfchild Plaintiffs' Opposition To Motion Of Amici Curiae Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community For Leave To File Amici Curiae Brief Dated October 22, 2007 www.mklaw.com/documents/OppositiontoAmici.pdf ----- Respondents/Plaintiffs/ Intervenors Group B, Supplemental Response In Opposition To The Petition Of Defendant United States Of America For Leave To Appeal Pursuant To 28 U.S.C. 1292(d)(2) Dated October 22, 2007 www.mklaw.com/documents/SupplementalResponse.pdf
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Post by mdenney on Nov 14, 2007 12:59:42 GMT -5
Notes by Erick G. Kaardal November 14, 2007 Dear all: Greetings. The government's petition for a discretionary appeal before the U.S. Court of Appeals for the Federal Circuit is pending. As the petition is pending, the U.S. Court of Federal Claims has not stayed the proceeding. If the Federal Circuit grants the petition, the case in the lower court is stayed. So, the litigation in the U.S. Court of Federal Claims continues. I have linked under "Trial Court Initial Disclosures" a copy of the federal government's initial disclosures. As soon as the Federal Circuit issues its decision, it will be posted here. Thank you for your patience. egk ---- Trial Court Initial Disclosures Defendant's Initial Disclosures dated November 1, 2007 www.mklaw.com/documents/GovernmentInitialDisclosures.pdf
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Post by mdenney on Nov 19, 2007 15:32:38 GMT -5
Notes by Erick G. Kaardal November 19, 2007 Dear all: Greetings. There is no word yet from the Federal Circuit on the interlocutory appeal. However, the litigation proceeds in the U.S. Court of Federal Claims. Today, the U.S. Court of Federal Claims issued an amended scheduling order which I have linked under Trial Court Opinions. The Court, pursuant to the government's motion has pushed the deadlines back approximately 15 days. For example, fact discovery now ends on April 14, 2008 -- not March 28, 2008. If you want to follow the case closely, you should read the Amended Scheduling Order and note the new deadlines. These will be dates where there will be heightened activity on the file. Thank you for your patience. Best regards. egk Trial Court Opinions Amended Scheduling Order dated November 19, 2007 www.mklaw.com/documents/AmendedSchedulingOrder.pdf
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Post by mdenney on Dec 19, 2007 19:36:24 GMT -5
Notes by Erick G. Kaardal December 19, 2007 Dear all: Greetings, Today, the Court of Federal Claims issued an order to stay the litigation in our case. This means our case is on hold until the U.S. Court of Appeals for the Federal Circuit resolves the following issues: 1. Whether a trust was created with the Congressional Appropriation Acts of 1888, 1889, and 1890; and 2. If a trust was created, whether Congress terminated that trust through an Act passed in 1980. An opinion from the U.S. Court of Appeals for the Federal Circuit is expected in late 2008. Meanwhile, during this time period please inform our firm of any family changes such as address changes using the form found on Mohrman & Kaardal website. Best Regards. ekg www.mklaw.com/mdewakanton.htm
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Post by mdenney on Dec 19, 2007 19:36:59 GMT -5
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